May 26, 1995 CONGRESSIONAL RECORD — SENATE S7615

‘‘(1) That the State of Oregon hereby

claims sovereignty under the Tenth Amendment to the Constitution of the United

States over all other powers not otherwise

enumerated and granted to the Federal Government by the United States Constitution.

‘‘(2) That the Federal Government, as our

agent, is hereby instructed to ceases and desist, effective immediately, mandates that

are beyond the scope of its constitutionally

delegated power.

‘‘(3) That a copy of this resolution shall be

sent to the President of the United States,

the Speaker of the House of Representatives,

the President of the Senate of the United

States and each house of each state’s legislature of the United States of America.’’

The following reports of committees

REPORTS OF COMMITTEES

fwere submitted:

By Mr. ROTH, from the Committee on

Governmental Affairs and the Committee on

the Judiciary, jointly, with amendments in

the nature of a substitute:

S. 343. A bill to reform the regulatory process, and for other purposes (Rept. No. 104–89).

By Mr. ROTH, from the Committee on

Governmental Affairs and by Mr. HATCH,

from the Committee on the Judiciary, jointly, with amendments in the nature of a substitute:

S. 343. A bill to reform the regulatory process, and for other purposes (Rept. No. 104–89)

(Rept. No. 104–90).

By Mr. PRESSLER, from the Committee

on Commerce, Science, and Transportation,

with amendments:

S. 267. A bill to establish a system of licensing, reporting, and regulation for vessels

of the United States fishing on the high seas,

and for other purposes (Rept. No. 104–91).

EXECUTIVE REPORTS OF

COMMITTEES

fThe following executive reports of

committees were submitted:

By Mrs. KASSEBAUM, from the Committee on Labor and Human Resources:

Henry W. Foster, Jr., of Tennessee, to be

Medical Director in the Regular Corps of the

Public Health Service, subject to qualifications therefor as provided by law and regulations, and to be Surgeon General of the Public Health Service, for a term of 4 years.

(The above nomination was reported

with the recommendation that he be

confirmed, subject to the nominee’s

commitment to respond to requests to

appear and testify before any duly constituted committee of the Senate.)

INTRODUCTION OF BILLS AND

JOINT RESOLUTIONS

fThe following bills and joint resolutions were introduced, read the first

and second time by unanimous consent, and referred as indicated:

By Mr. COCHRAN:

S. 867. A bill to amend the Internal Revenue Code of 1986 to revise the estate and gift

tax in order to preserve American family enterprises, and for other purposes; to the

Committee on Finance.

By Mr. STEVENS:

S. 868. A bill to provide authority for leave

transfer for Federal employees who are adversely affected by disasters or emergencies,

and for other purposes; to the Committee on

Governmental Affairs.

By Mr. CHAFEE:

S. 869. A bill to authorize the Secretary of

Transportation to issue a certificate of documentation with appropriate endorsement for

employment in the coastwise trade for the

vessel DRAGONESSA, and for other purposes; to the Committee on Commerce,

Science, and Transportation.

By Mr. HATFIELD (for himself and Mr.

JEFFORDS):

S. 870. A bill to amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and

recycling programs, and for other purposes;

to the Committee on Commerce, Science,

and Transportation.

By Mr. JOHNSTON (for himself and

Mr. MURKOWSKI):

S. 871. A bill to provide for the management and disposition of the Hanford Reservation, to provide for environmental management activities at the Reservation, and for

other purposes; to the Committee on Energy

and Natural Resources.

By Mr. BOND (for himself and Mr.

LIEBERMAN):

S. 872. A bill to provide for the establishment of a modernized and simplified health

information network for Medicare and Medicaid, and for other purposes; to the Committee on Finance.

By Mr. THURMOND (for himself and

Mr. HOLLINGS):

S. 873. A bill to establish the South Carolina National Heritage Corridor, and for

other purposes; to the Committee on Energy

and Natural Resources.

By Mr. GRAMS (for himself, Ms.

MOSELEY-BRAUN, Mr. HARKIN, and

Mr. KOHL):

S. 874. A bill to provide for the minting and

circulation of one dollar coins, and for other

purposes; to the Committee on Banking,

Housing, and Urban Affairs.

By Mr. PRESSLER:

S. 875. A bill to amend section 202 of the

Federal Property and Administrative Services Act of 1949 to exclude certain property

in the State of South Dakota; to the Committee on Environment and Public Works.

By Mr. EXON (for himself and Mr.

KERREY):

S. 876. A bill to provide that any payment

to a local educational agency by the Department of Defense, that is available to such

agency for current expenditures and used for

capital expenses, shall not be considered

funds available to such agency for purposes

of making certain Impact Aid determinations; to the Committee on Labor and

Human Resources.

By Mrs. HUTCHISON:

S. 877. A bill to amend section 353 of the

Public Health Service Act to exempt physician office laboratories from the clinical laboratories requriements of that section; to

the Committee on Labor and Human Resources.

By Mr. COCHRAN (for himself, Mr.

LOTT, Mr. WARNER, Mr. MCCONNELL,

Mr. SANTORUM, Mr. ABRAHAM, Mr.

D’AMATO, Mr. BOND, Mr. PRESSLER,

Mr. DEWINE, Mr. KYL, Mrs. KASSEBAUM, and Mrs. HUTCHISON):

S. 878. A bill to amend the Internal Revenue Code of 1986 to reduce mandatory premiums to the United Mine Workers of America Combined Benefit Fund by certain surplus amounts in the Fund, and for other purposes; to the Committee on Finance.

By Mr. HATFIELD (for himself and Mr.

JEFFORDS):

S. 879. A bill to amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and

recycling programs, and for other purposes;

to the Committee on Commerce, Science,

and Transportation.

By Mr. CHAFEE:

S.J. Res. 35. A joint resolution prohibiting

funds for diplomatic relations with Vietnam

at the ambassadorial level unless the President certifies to Congress that Vietnam is

making a good faith effort to resolve cases

involving United States servicemen who remain unaccounted for from the Vietnam

War, and for other purposes; to the Committee on Foreign Relations.

By Mr. ASHCROFT (for himself and

Mr. BROWN):

S.J. Res. 36. A joint resolution proposing

an amendment to the Constitution of the

United States to allow the States to limit

the period of time United States Senators

and Representatives may serve; to the Committee on the Judiciary.

BILLS AND JOINT RESOLUTIONS

STATEMENTS ON INTRODUCED

fBy Mr. COCHRAN:

S. 867. A bill to amend the Internal

Revenue Code of 1986 to revise the estate and gift tax in order to preserve

American family enterprises, and for

other purposes; to the Committee on

Finance.

THE NATIONAL FAMILY ENTERPRISE

PRESERVATION ACT OF 1995

∑ Mr. COCHRAN. Mr. President, today

I am introducing the National Family

Enterprise Preservation Act of 1995

which will provide estate tax relief to

many of our Nation’s family owned

farms and businesses.

Our current tax laws are forcing

many inheritors of family farms and

businesses to sell the enterprise in

order to pay estate taxes. A family

farm or business is not only a productive component of our economy, it is a

distinctive part of our American economic system and the personal dream

of millions of Americans.

But all this is being threatened by

high taxes that are imposed by government when the owner dies.

Small businesses are being forced to

merge into large corporations because

marketable stock can be acquired tax

free and many estate tax problems can

be avoided. In 1942, the estate tax affected only 1 estate out of 60. Today,

this number has increased to 1 out of

20.

Another consideration is that inflation has pushed the value of many family farms and businesses into the range

of estate tax liability. The result has

been that heirs of these enterprises

often sell their business to pay estate

taxes.

Family owned farms and businesses

are a vital component of our economy

and society and should be preserved.

They give families a sense of freedom,

accomplishment, and pride in ownership. This is the essence of free enterprise.

Mr. Chairman, earlier this year I had

the opportunity to visit with a tree

farmer from my State who was recognized this year by the Mississippi Forestry Association as ‘‘Forester of the

Year.’’ His name is Chester Thigpen,

and he is truly a remarkable man.