May 10, 1995 CONGRESSIONAL RECORD — SENATE S6465

nonprofit, independent sector. The contributions made by nonprofit institutions to our society in the areas of education, health, disaster relief, the advancement of knowledge and the preservation of our history and cultural artifacts is vast. I daresay it is often not

fully understood or appreciated, particularly the extent to which nonprofit

institutions perform functions that are

typically governmental undertakings

in other societies. Nonprofit institutions are a part of our culture that we

should take care not to lose, and government has a role in insuring that

they thrive. The legislation we introduce today is a part of that role.

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ADDITIONAL COSPONSORS

S. 324

At the request of Mr. WARNER, the

name of the Senator from Iowa [Mr.

GRASSLEY] was added as a cosponsor of

S. 324, a bill to amend the Fair Labor

Standards Act of 1938 to exclude from

the definition of employee firefighters

and rescue squad workers who perform

volunteer services and to prevent employers from requiring employees who

are firefighters or rescue squad workers to perform volunteer services, and

to allow an employer not to pay overtime compensation to a firefighter or

rescue squad worker who performs volunteer services for the employer, and

for other purposes.

S. 334

At the request of Mr. MCCONNELL,

the name of the Senator from Mississippi [Mr. LOTT] was added as a cosponsor of S. 334, a bill to amend title

I of the Omnibus Crime Control and

Safe Streets Act of 1968 to encourage

States to enact a law enforcement officers’ bill of rights, to provide standards

and protection for the conduct of internal police investigations, and for other

purposes.

S. 490

At the request of Mr. GRASSLEY, the

name of the Senator from North Dakota [Mr. DORGAN] was added as a cosponsor of S. 490, a bill to amend the

Clean Air Act to exempt agriculturerelated facilities from certain permitting requirements, and for other purposes.

S. 524

At the request of Mr. WELLSTONE, the

name of the Senator from North Dakota [Mr. DORGAN] was added as a cosponsor of S. 524, a bill to prohibit insurers from denying health insurance

coverage, benefits, or varying premiums based on the status of an individual as a victim of domestic violence,

and for other purposes.

S. 530

At the request of Mr. GREGG, the

name of the Senator from Arizona [Mr.

KYL] was added as a cosponsor of S. 530,

a bill to amend the Fair Labor Standards Act of 1938 to permit State and

local government workers to perform

volunteer services for their employer

without requiring the employer to pay

overtime compensation, and for other

purposes.

S. 768

At the request of Mr. GORTON, the

names of the Senator from Virginia

[Mr. WARNER], the Senator from Mississippi [Mr. LOTT], the Senator from

Mississippi [Mr. COCHRAN], and the

Senator from Wyoming [Mr. THOMAS]

were added as cosponsors of S. 768, a

bill to amend the Endangered Species

Act of 1973 to reauthorize the act, and

for other purposes.

S. 770

At the request of Mr. GRAMM, his

name was added as a cosponsor of S.

770, a bill to provide for the relocation

of the United States Embassy in Israel

to Jerusalem, and for other purposes.

At the request of Mr. LEVIN, his name

was added as a cosponsor of S. 770,

supra.

At the request of Mr. HARKIN, his

name was added as a cosponsor of S.

770, supra.

At the request of Mr. DEWINE, his

name was added as a cosponsor of S.

770, supra.

At the request of Mr. DOLE, the

names of the Senator from Alabama

[Mr. SHELBY], the Senator from Kentucky [Mr. MCCONNELL], the Senator

from Mississippi [Mr. LOTT], the Senator from Utah [Mr. HATCH], the Senator from Indiana [Mr. COATS], the

Senator from Montana [Mr. BAUCUS],

and the Senator from Wyoming [Mr.

THOMAS] were added as cosponsors of S.

770, supra.

S. 772

At the request of Mr. DORGAN, the

names of the Senator from Nebraska

[Mr. EXON] and the Senator from Hawaii [Mr. INOUYE] were added as cosponsors of S. 772, a bill to provide for

an assessment of the violence broadcast on television, and for other purposes.

S. 607

At the request of Mr. WARNER, the

name of the Senator from Mississippi

[Mr. COCHRAN] was added as a cosponsor of S. 607, a bill to amend the Comprehensive Environmental Response,

Compensation, and Liability Act of

1980 to clarify the liability of certain

recycling transactions, and for other

purposes.

S. 753

At the request of Mr. BAUCUS, the

name of the Senator from Mississippi

[Mr. COCHRAN] was added as a cosponsor of S. 753, a bill to allow the collection and payment of funds following

the completion of cooperative work involving the protection, management,

and improvement of the National Forest System, and for other purposes.

AMENDMENTS SUBMITTED

THE INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID

WASTE ACT OF 1995

WELLSTONE AMENDMENT NO. 750

Mr. WELLSTONE proposed an

amendment to the bill (S. 534) to

amend the Solid Waste Disposal Act to

provide authority for States to limit

the interstate transportation of municipal solid waste, and for other purposes; as follows:

On page 56, line 10, strike ‘‘is imposed’’ and

insert ‘‘had been exercised prior to May 15,

1994, and was being implemented on May 15,

1994,’’

On page 56, line 12, insert ‘‘;’’ after ‘‘subdivision’’ and strike ‘‘in effect on May 15,

1994’’

On page 60, lines 4–5, strike ‘‘was in effect

prior to’’ and insert ‘‘such authority was imposed prior to May 15, 1994 and was being implemented on’’

KEMPTHORNE AMENDMENT NO. 751

Mr. SMITH (for Mr. KEMPTHORNE)

proposed an amendment to the bill S.

534, supra; as follows:

On page 69, line 13, strike the word, ‘‘remote’’.

On page 69, line 19, after the word, ‘‘infeasible’’, insert the word, ‘‘or’’.

On page 69, lines 21 and 22, strike the

words, ‘‘the unit shall be exempt from those

requirements’’ and in lieu thereof insert the

words, ‘‘the State may exempt the unit from

some or all of those requirements’’.

On page 69, line 22, add the following new

sentence: ‘‘This subsection shall apply only

to solid waste landfill units that dispose of

less than 20 tons of municipal solid waste

daily, based on an annual average.’’.

GRAHAM AMENDMENTS NOS. 752–

753

Mr. GRAHAM proposed two amendments to the bill S. 534, supra; as follows:

AMENDMENT NO. 752

On page 63, strike line 4 and all that follows through page 64, line 2, and insert the

following:

‘‘(e) STATE-MANDATED DISPOSAL SERVICES.—A political subdivision of a State may

exercise flow control authority for municipal

solid waste and for recyclable material voluntarily relinquished by the owner or generator of the material that is generated within

its jurisdiction if, prior to May 15, 1994, the

political subdivision—

‘‘(1) was responsible under State law for

providing for the operation of solid waste facilities to serve the disposal needs of all incorporated and unincorporated areas of the

country;

‘‘(2) is required to initiate a recyclable materials recycling program in order to meet a

municipal solid waste reduction goal of at

least 30 percent;

‘‘(3) has been authorized by State statute

to exercise flow control authority and had

implemented the authority through the

adoption or execution of a law, ordinance,

regulation, contract, or other legally binding

provision; and

‘‘(4) had incurred, or caused a public service authority to incur, significant financial

expenditures to comply with State law and
S6466 CONGRESSIONAL RECORD — SENATE May 10, 1995

to repay outstanding bonds that were issued

specifically for the construction of solid

waste management facilities to which the

political subdivision’s waste is to be delivered.

‘‘(5) the authority under this subsection

shall be exercised in accordance with Section

401z(b)(4)’’.

AMENDMENT NO. 753

On page 65, line 10, strike ‘‘or (d)’’ and insert ‘‘(d), or (e)’’.

On page 65, line 3, strike ‘‘or (d)’’ and insert ‘‘(d), or (e)’’.

SPECTER (AND OTHERS)

AMENDMENT NO. 754

Mr. SPECTER (for himself, Mr.

CRAIG, Mr. GRASSLEY, Mr.

KEMPTHORNE, and Mr. BROWN) proposed

an amendment to the bill, S. 534, supra;

as follows:

At the appropriate place, insert the following new section:

SEC. . SENSE OF THE SENATE.

(a) FINDINGS.—The Senate finds that—

(1) There has been enormous public concern, worry and fear in the U.S. over international terrorism for many years;

(2) There has been enormous public concern, worry and fear in the U.S. over the

threat of domestic terrorism after the bombing of the New York World Trade Center on

February 26, 1993;

(3) There is even more public concern,

worry and fear since the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19, 1995;

(4) Public concern, worry and fear has been

aggravated by the fact that it appears that

the terrorist bombing at the Federal building in Oklahoma City was perpetrated by

Americans;

(5) The United States Senate should take

all action within its power to understand and

respond in all possible ways to threats of domestic as well as international terrorism;

(6) Serious questions of public concern

have been raised about the actions of federal

law enforcement officials including agents

from the Federal Bureau of Investigation

and the Bureau of Alcohol, Tobacco and

Firearms relating to the arrest of Mr. Randy

Weaver and others in Ruby Ridge, Idaho, in

August, 1992 and Mr. David Koresh and others associated with the Branch Davidian sect

in Waco, Texas, between February 28, 1993,

and April 19, 1993;

(7) Inquiries by the Executive Branch have

left serious unanswered questions on these

incidents;

(8) The United States Senate has not conducted any hearings on these incidents;

(9) There is public concern about allowing

federal agencies to investigate allegations of

impropriety within their own ranks without

congressional oversight to assure accountability at the highest levels of government;

(10) Notwithstanding an official censure of

FBI Agent Larry Potts on January 6, 1994,

relating to his participation in the Idaho incident, the Attorney General of the United

States on May 2, 1995, appointed Agent Potts

to be Deputy Director of the FBI;

(11) It is universally acknowledged that

there can be no possible justification for the

Oklahoma City bombing regardless of what

happened at Ruby Ridge, Idaho, or Waco,

Texas;

(12) Ranking federal officials have supported hearings by the U.S. Senate to dispel

public rumors that the Oklahoma City bombing was planned and carried out by federal

law enforcement officials;

(13) It has been represented, or at least

widely rumored, that the motivation for the

Oklahoma City bombing may have been related to the Waco incident, the dates falling

exactly two years apart; and

(14) A U.S. Senate hearing, or at least setting the date for such a hearing, on Waco

and Ruby Ridge would help to restore public

confidence that there will be full disclosure

of what happened, appropriate congressional

oversight and accountability at the highest

levels of the federal government.

(b) SENSE OF THE SENATE.—It is the sense

of the Senate that hearings should be held

before the Senate Judiciary Committee on

countering domestic terrorism in all possible

ways with a hearing on or before June 30,

1995, on actions taken by federal law enforcement agencies in Ruby Ridge, Idaho, and

Waco, Texas.

HATCH AMENDMENT NO. 755

Mr. HATCH proposed an amendment

to amendment No. 754 proposed by Mr.

SPECTER to the bill S. 534, supra; as follows:

Strike all after the first word and insert

the following:

SEC. . SENSE OF THE SENATE.

(a) FINDINGS.—The Senate finds that—

(1) The American public is entitled to a

full, comprehensive, and open hearing on the

circumstances surrounding the efforts of federal law enforcement officers, including

agents from the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco and

Firearms, to investigate and effectuate (or

seek to effectuate) the arrest of Mr. David

Koresch and others associated with the

Branch Davidian sect in Waco, Texas;

(2) The American public is entitled to a

full, comprehensive, and open hearing on the

circumstances surrounding the efforts of federal law enforcement officers, including

agents from the Federal Bureau of Investigation, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco and Firearms, to

investigate, and effectuate (or seek to effectuate) the arrest of Mr. Randy Weaver and

others associated with Mr. Weaver, in Ruby

Ridge, Idaho;

(3) The Senate has not yet conducted comprehensive hearings on either of these incidents;

(4) The public interest requires full disclosure of these incidents through hearings to

promote public confidence in government;

and

(5) The public’s confidence in government

would be further promoted if the timing of

the hearings takes into consideration the

need for such hearings to be conducted in an

atmosphere of reflection and calm deliberation.

(b) SENSE OF THE SENATE.—It is the sense

of the Senate that hearings should be held in

the near future, before the Senate Judiciary

Committee, at a time and under such circumstances as determined by the Chairman,

regarding the actions taken by federal law

enforcement agencies and their representatives in the aforementioned Ruby Ridge and

Waco incidents.

AUTHORITY FOR COMMITTEES TO

fMEET

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. GORTON. Mr. President, I ask

unanimous consent that the Committee on Energy and Natural Resources

be granted permission to meet during

the session of the Senate on Wednesday, May 10, 1995, for purposes of conducting a full committee hearing

which is scheduled to begin at 9:30 a.m.

The purpose of this hearing is to consider the nomination of James J.

Hoecker to be a member of the Federal

Energy Regulatory Commission.

The PRESIDING OFFICER. Without

objection, it is so ordered.

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. GORTON. Mr. President, I ask

unanimous consent that the Committee on Energy and Natural Resources

be granted permission to meet during

the session of the Senate on Wednesday, May 10, 1995, for purposes of conducting a full committee hearing

which is scheduled to begin at 2 p.m.

The purpose of this hearing is to receive testimony on the Federal Energy

Regulatory Commission’s notice of proposed rulemaking and supplemental

notice of proposed rulemaking, ‘‘Promoting Wholesale Competition

Through Open-Access Non-discriminatory Transmission Services by Public

Utilities’’ (Docket No. RM95–8–000), and

‘‘Recovery Stranded Costs by Public

Utilities and Transmitting Utilities’’

(Docket No. RM94–7–001).

The PRESIDING OFFICER. Without

objection, it is so ordered.

COMMITTEE ON FINANCE

Mr. GORTON. Mr. President, I ask

unanimous consent that the Committee on Finance be permitted to meet

Wednesday, May 10, 1995, beginning at

9:30 a.m. in room SD–215, to conduct a

hearing on the World Trade Organization Dispute Settlement Review Commission Act and on the nomination of

Jeffrey Lang to be Deputy U.S. Trade

Representative.

The PRESIDING OFFICER. Without

objection, it is so ordered.

COMMITTEE ON FOREIGN RELATIONS

Mr. GORTON. Mr. President, I ask

unanimous consent that the Committee on Foreign Relations be authorized

to meet during the session of the Senate on Wednesday, May 10, 1995, at 10

a.m.

The PRESIDING OFFICER. Without

objection, it is so ordered.

COMMITTEE ON THE JUDICIARY

Mr. GORTON. Mr. President, I ask

unanimous consent that the Committee on the Judiciary be authorized to

meet during the session of the Senate

on Wednesday, May 10, 1995, at 2:30

p.m., to hold a hearing on ‘‘The Role of

the Military in Combating Terrorism.’’

The PRESIDING OFFICER. Without

objection, it is so ordered.

SELECT COMMITTEE ON INTELLIGENCE

Mr. GORTON. Mr. President, I ask

unanimous consent that the Select

Committee on Intelligence be authorized to meet during the session of the

Senate on Wednesday, May 10, 1995, at

2 p.m., to hold a closed hearing on intelligence matters.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON AIRLAND FORCES

Mr. GORTON. Mr. President, I ask

unanimous consent that the Subcommittee on Airland Forces of the