Member of Congress

Nick Rahall

Role
Former Representative
State
WV
Party
Democrat

Speeches

FEDERAL AVIATION ADMINISTRATION REVITALIZATION ACT OF 19951996-03-12

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I rise in strong support of H.R. 2276, the Federal Aviation Administration Revitalization Act which is before us today. This bill, briefly, calls for the strengthening of the FAA by creating it as a separate agency, and will make other meaningful and much needed changes in the management of this most critical of Federal agencies. Important to our consideration of this bill, and I call it to the attention of all my colleagues, is that it provides for the implementation of numerous reforms of the Agency's procurement and personnel management practices. When enacted, this bill will provide the FAA and its employees the necessary framework within which equipment modernization, cost savings, and labor-management teamwork can be fostered and will serve as a model for other Federal agencies. It is urgent also that we enact this legislation in order to protect and preserve the applicability to the FAA of certain portions of title 5 of the U.S. Code critical to ensure that FAA employees can continue to have the statutory authority to be represented before the Agency and closely work with management to further implement needed reforms in a cohesive, structured fashion. Many other changes to the Agency's structure, leadership, and operation are contained in the bill, and are equally important to ensure the continued safety of the Nation's air transportation system. As many of my colleagues are aware, H.R. 2276 originally contained a provision to remove the aviation trust funds off-budget, but in an agreement with the Republican leadership, this portion of the bill has been removed in order for it to be considered under suspension of the rules. I remain committed to this change, and will hope for consideration of a free-standing bill, H.R. 842, that will take both aviation, highway, and other trust funds off budget later this session. The importance of this bill is second only, in my view, of our need to increase spending on our aviation infrastructure, rather than continue the reductions in spending for such as the Airport Improvement Program [AIP] we have seen over the past several funding cycles. It is my hope that we can, through the aviation funding study authorized in the bill, be provided useful information on innovative financing mechanisms that could be used to fund FAA operations and the development of aviation infrastructure. In the meantime, I believe that the dedicated funds, which are now in surplus, contained in the trust fund for aviation purposes should be spent for the purpose intended.

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TRIBUTE TO SENATOR JENNINGS RANDOLPH OF WEST VIRGINIA1996-03-08

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, retired U.S. Senator Jennings Randolph of West Virginia will be 94 years old on March 8, 1996. On this occasion, on behalf of myself and all West Virginians, I wish a happy 94th birthday to Senator Randolph, and we wish him many happy returns of the day. Senator Randolph served the great State of West Virginia for 40 years, beginning in 1933--during Franklin Roosevelt's first 100 days as a Member of the U.S. House of Representatives. Senator Randolph served in the House of Representatives from 1933 to 1947, and then, served in the U.S. Senate from 1958 until his retirement in 1984. Known for his courtly manner and as the epitome of a southern gentleman, Senator Randolph could also be tenacious and unyielding as a proponent of the working men and women of West Virginia and the Nation. As a strong supporter of President Franklin Roosevelt's depression-era legislative remedies, he also followed another Roosevelt's maxim. It was Teddy Roosevelt who cautioned: Speaker softly, but carry a big stick. Even though Senator Randolph had a true orator's voice when he spoke on the floor, during meetings, or in public speeches to his constituents, it was during his one-on-one dealings with his colleagues that he used his softest voice, folded his massive hands into a supplicant's gesture, his words while gentle conveying that he said what he meant and meant what he said. This philosophy that a soft voice turneth away wrath was especially evident when it came to legislation that addressed the needs of the coal miners in his State and throughout the country, and when he spoke for all blue collar workers everywhere whose rights he protected with every fiber of his being. He never backed away from a fight over spending priorities either in the House, the Senate, or when confronted by one of the 10 Presidents under whom he served during his 40-year tenure of service to West Virginia. Senator Randolph loved the House and the Senate, serving 14 and 26 years respectively in both bodies, and he did so with distinction. He was a legislator of integrity and style. He deserves the respect and admiration of all of us for the outstanding job that he did and the many contributions he made to both institutions. If he were here today, he would be out in front, leading all those who can be heard calling for an end to name calling and for complete civility between and among Members of both the House and the Senate as they conduct the people's business. Senator Randolph was a stickler for correct demeanor at all times, and for keeping the House and the Senate in proper order. On the Senate floor he was often heard to call for order in the Senate. He strongly believed that Members of the Senate should come to the floor and vote from their seats--calmly and quietly--rather than milling about on the floor and in the well. And, of course, they seldom did so. I am as much in awe of Senator Randolph's life of public service as I was when, in 1976, I was about to be sworn in as the then-youngest Member of the House of Representatives, and my respect for his achievements has but grown over the years. More than anything else, I am proud to be associated as a West Virginian and as a Member of this House, with his record of leadership. The record will show that he acted always with clarity of thought; that he believed deeply in the inherent abilities and talents that lie within every American. Senator Randolph was able to lead others, never through outrageous or revolting words or deeds, or through bellicosity or belligerence, but simply with an honest expression of confidence made quietly, a silent gesture or salute, or a humorous anecdote. And, if absolutely necessary, a gentle rebuke. Senator Randolph treated each of us with the characteristic wit and wisdom of a true gentleman, embodying the finest traditions of the House and the Senate, and of this great country, which he loved dearly. Senator Randolph now lives in a personal care home in St. Louis, MO near his eldest son Jay Randolph, and his grandchildren. Again, Senator Jennings Randolph, happy 94th birthday.

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COMMEMORATING BLACK HISTORY MONTH1996-03-06

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I am as proud as a father today, to have this opportunity to pay tribute to Vicky L. Bandy, of Beckley, WV, during Black History Month. For more than a decade, Ms. Bandy served as my executive assistant here in Washington, and Ms. Bandy was ever as loyal and dedicated as she was a professional, at all times and in all situations. I knew that I could depend upon her in all things. Mr. Speaker, on February 24, 1996, Ms. Bandy gave a speech at the Beckley Federal Correctional Institution's Black Affairs Banquet, as part of its celebration of Black History Month. I am privileged to place in the Record at this point, Ms. Bandy's stirring words as she encouraged and surely inspired her sisters as she spoke eloquently about their theme: African-American Women: Past, Present and Future. Mr. Speaker, I commend Ms. Bandy's remarks to my colleagues for their reading and their remembrance. African-American Women: Past, Present and Future (By Vicky L. Bandy) ``Stony the road we trod, bitter the chastening rod, felt in the days when hope unborn had died.'' Today, we gather 370 years after the first African American landed at Jamestown, Virginia, 133 years after the signing of the Emancipation Proclamation, and 31 years after the Enactment of the Voting Rights Act of 1965, which gave African Americans power at the Ballot Box. Last October, the African American Community pledged itself to pursue a bold new course with the success of the Million Man March. The success of the effort is still being felt. But today, ladies, it is our turn. The Theme for the 1996 observance of Black History Month is: African American Women: Past, Present and Future. As I thought about what I would say, I thought about how far we as African Americans have come. I thought of the stories that were told to me by my Grandmother, Ella Bandy. I recall stories about how this Strong Black Woman worked hard in the fields of Alabama. She would leave her babies in a wagon under a shade tree, while she worked the long rows of the fields. At the end of each row, she would run back to check on her babies. Grandmama was a strong African American Woman. She never gave up, she was a woman of principle; and she never gave in. Grandmama's hands, hard and calloused from toiling in the hot Alabama Sun, so that her children and grandchildren could have a better way of life. Earlier this week, I witnessed the Swearing-In ceremony of Congressman Kweisi Mfume, as President and CEO of the NAACP, an event that was attended by a very small but elite group of people, among them being the President and Vice President of the United States. I reflected back to the point in time when I would ride in the car with my grandfather on election day-- a day that I equated to Thomas `n Joyland carnival coming to town. Grand daddy's car windows held many campaign signs belonging to various politicians, seeking a vote in the Black community. I suppose it never occurred to Grand daddy that his granddaughter would grow up to become a part of the Political Process. He did not know that he was molding me for a successful career with your Congressman Nick J. Rahall. Well, Grand daddy did not live to see the end results of the many rides we shared on Election Day, but I will always be grateful to him. For I did not meet the normal standards. Ladies and Gentlemen, you see, I never attended an Ivy League school. I was educated in a four room schoolhouse. My parents were not politically connected, nor did they contribute to a campaign committee. The one thing that they did, was to teach me how to seize an opportunity. That same lesson is equally important today. Too many of us today let opportunity pass us by, because we look for it in a pretty package, delivered to our doors by Federal Express or priority Mail. Often times, when we do seize the opportunity, we take all of the credit and forget that the way was paved by someone else, who labored and toiled in the fields from sun up to sun down. ``Stony the road we trod, bitter the chastening rod''. I've got mine and you get yours, never offering to lend a hand to help another. Well, I heard the songwriter say ``The only time you should look down on a man, is when you are picking him up''. Imagine Harriet Tubman, Conductor of the Underground Railroad, not reaching back, after seizing the opportunity to become a freed slave. Where would we be had it not been for Sojourner Truth, who traveled the country to proclaim to others the truth about slavery. Would we be able to sit in any seat on a bus today, had it not been for Rosa Parks, who refused to give up her seat in the front of the bus, when Coloreds were not allowed to ride in the front. African American women; past, present, and future. What about Dr. Mae Jamison, first African American female Astronaut? What about Elizabeth Drewey, first African American Woman elected to the West Virginia House of Delegates? What about Carol Moseley Braun, the first female African American U.S. Senator, and my boss, Hazel R. O'Leary, the first African American and female African American to become Secretary of the U.S. Department of Energy, one who has opened many doors to expose Minority Students to the world of Science. What about your mother and my mother, strong and courageous African American Women, who made tremendous sacrifices and stood firm, despite the obstacles they faced--despite society's denial; despite low paying jobs; despite prejudice and racism--women who because of their determination, paved the way for you and me. ``We have come over a way that with tears has been watered, we have come treading our path thru the blood of the slaughtered.'' But, I would ask you today, what profit a person to gain, if he or she does not reach back to help another? Now that we have arrived, what are we doing to ensure that we will have famous African American Women in the future? There are young women in our own neighborhoods who need to know that there is a way off of Welfare and on to Faring Well. Each of you today has a Special Gift to give back, so that others can realize their dreams, their hopes, their goals. I challenge you to stir up your gifts, to lift up somebody, to respect each other, to love yourself and to never stop striving to reach for your goals, never give up-- don't give in. We are African American women, marching on till victory is won. Yet with a steady beat, have not our weary feet, come to the place for which our fathers signed? African American women; past, present, and future. Poet Maya Angelou sums it up by saying: ``You may write me down in history, with your bitter twisted lies. You may trod me in the very dirt, but still, like dust, I'll rise''. We will rise. African American women, past, present, and future.

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COMMEMORATING BLACK HISTORY MONTH1996-02-28

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, since 1976, February has been celebrated as Black History Month, but the origins of this event date back to 1926, when Dr. Carter G. Woodson who was born in Huntington, WV, set aside a special period of time in February to recognize the heritage, achievements, and contributions of African-Americans. This occasion provides the opportunity for our country to celebrate the past and present contributions and accomplishments of African-Americans. As I reflect on these contributions and accomplishments, I am quickly drawn to my district and a gentleman who has demonstrated time and time again a tireless effort to be of exemplary service to all mankind. Ernest C. Moore is a husband, father, legislator, activist, humanitarian, role model, and friend to all who know him. For over 20 years Delegate Ernest C. Moore has championed the causes of justice and equity as a West Virginia State legislator representing McDowell County, 22d district. Delegate Moore was born on July 12, 1922 in Winston-Salem, NC but moved to Thorpe, WV at age 4 when his father, a railroad worker heard about a good paying job in the coal mines. His father spent the rest of his life working at U.S. Steel's No. 4 mine in Gary, WV and Moore followed suit when he was old enough, starting at No. 4 and then moving to the No. 10 mine. Along the way he became active in the United Mine Workers, eventually serving as district 29, vice president for 14\1/2\ years. Mr. Speaker, Delegate Moore is the longest serving legislator in the West Virginia House of Delegates. However, because of health reasons on January 22, 1996 Moore retired. He was first elected to the West Virginia House of Delegates in 1971 by McDowell County voters. Except for the one 2-year term from 1979 to 1980, he has served continuously in the House. During his tenure he served on the following committees: Enrolled Bills (chairman), Banking and Insurance, Constitution Revision, Judiciary (chairman), Industry and Labor (chairman) for the 67th-69th legislatures. Delegate Moore the legislator and humanitarian worked hard to help create the much needed Tug River Health Clinics in Gary and Northfork, WV along with building of the new Welch Emergency Hospital. The significance of this accomplishment is that in McDowell County the hospital and three clinics are among the three highest employers in the county. Delegate Moore the legislator and activist was also a key player in the civil rights legislation that led to designating Dr. Martin Luther King's birthday a State holiday. Delegate Moore the legislator and role model has received almost every type of reward and recognition, to name a few. In 1976, he received the Distinguished Citizen's Award from Mountain State Bar Association. In 1992, the Distinguished West Virginia Award and, in 1993, Twenty Years of Dedicated Service Award from the West Virginia Legislature. Delegate Moore the husband and father is married to Mittie Kellum and is the father of four, Judy, Douglas, Clifton, and Gail. He has maintained that God and his family are the cornerstone of his success. Delegate Moore the legislator and friend has not only served as a role model to his family and colleagues, but also his constituents. He has demonstrated this through his involvement in community organizations such as the Brother's Club, the McDowell County Health Board, president, Public Defender's Corporation--8th Circuit, and the NAACP. His contribution has symbolized the importance of community involvement and helped to develop future leaders who will challenge this Nation to reach its great potential. Mr. Speaker, Delegate Moore like so many others we honor this month is a rare and wonderful individual, who, through words and deeds has helped make a difference to countless lives in West Virginia and the Nation. I would now like to share with you Moore's recent response to a news reporter question of regrets during his 23 years of service. More responded by saying, ``I don't regret a day, a lot of people would probably be shedding tears of sorrow, but if I would be shedding any tears, it would be tears of joy. And I know in my heart that I have done everything possible to help McDowell County and the State of West Virginia. Finally, Mr. Speaker, there are countless men and women who like Delegate Moore improve the lives of many people on a daily basis, they may not be famous, but they are extraordinary individuals in the same tradition. I ask my colleagues to join me during Black History Month as I salute the excellence of Delegate Ernest C. Moore, an outstanding example of civic responsibility, courage and commitment of whom the African-American community, and indeed Americans everywhere should be proud.

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U.S. SENATOR ROBERT C. BYRD: MR. WEST VIRGINIA1996-02-23

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, it was recently brought to my attention that a lot has happened over the last 50 years. And you may well ask: Who doesn't know that? So something must have happened to bring that fact home to me, you are thinking. And you are right. The fact that a lot has happened over the last 50 years was brought home to me in a most defining moment when our revered senior U.S. Senator from West Virginia, Robert C. Byrd, showed me a 50-year-old artifact of his long tenure as a public servant on behalf of the people of our great State. Today, February 23, 1996, marks the half-century that has passed since Robert C. Byrd filed to run for his first public office, when he ran for the West Virginia House of Delegates. Fifty years ago, on February 23, 1946, Senator Byrd paid the Raleigh County Circuit Clerk a fee of $10 for filing. More awesome still, in the telling of this story, is--first of all-- Senator Byrd still has that original $10 receipt No. 5333. The paper it is written on has yellowed with age and the passage of time that has made it as fragile as old parchment. Second, after taking a closer look at that aging receipt, and given that at this time in our country's political history when fund raising for the big bucks necessary to win reelection has gone through the ceiling and into outer space, it was rather inspiring to note that the filing fee for public office 50 years ago was a whopping $10. And finally, I noted that in that 50-year period, the fee for filing for office in West Virginia has gone up by only $23--to $33--reflecting an increase of only 46 cents per year for 50 years. Senator Robert C. Byrd might say that this alone should encourage all public-spirited young men and women in West Virginia and in the Nation to run for public office; it says that at least, the filing fee is no obstacle to the desire to serve--and that Robert C. Byrd has a well- aged, 50 year-old receipt to prove it. Mr. Speaker, Senator Robert C. Byrd is one of the finest men to ever serve in the U.S. Senate, indeed the finest to ever serve in both legislative bodies in the West Virginia Legislature, and who subsequently won a seat in the U.S. House of Representatives prior to beginning his service in the Senate in 1958. When I am asked to pay tribute to Senator Byrd--there is often so much to say, and so much that needs to be said for history's sake, lest we ever forget this man's devotion to the people of his State, but I find words often are not enough to pay tribute to his tireless efforts on behalf of West Virginians. I have often heard the Senator quote, from what I believe is the Book of Proverbs, saying: ``Without vision, the people will perish.'' I, and all West Virginians are quite certain that, without Senator Byrd's innate wisdom and certainly his vision of the future throughout the half-century of service he has given us, West Virginia would not have become the bulwark, it now is for statewide business development opportunities and other economic development projects. In a State such as ours, economic recovery is not as swift as it is for other States once economic growth and stability for the Nation is strengthening. We have to work harder to bring in new business and industry and to create new jobs. With an eye toward bringing new industries and new jobs to West Virginia, and secure in the knowledge of our State's countless attributes such as a willing and able labor supply, plentiful natural resources, a growing State infrastructure, spectacular scenery, and a good, clean, crime-free living environment--Senator Byrd's vision is going to help bring West Virginia into the 21st century equally as well prepared as other States. But Senator Byrd isn't just about a 50-year-old receipt for having filed for his first public office, nor about his more recent successful efforts to bring about the very effective business development opportunities in our State. Senator Byrd has always known, and has always acted on the knowledge, that for a State to grow and to thrive depends upon an educated citizenry. Educating our children and youth has always been in the forefront of his grand vision for improving West Virginia. By ensuring an educated citizenry, Senator Byrd has brought to fruition not only his dream, but all of West Virginia's, of capitalizing on our State's many resources--both human and capital. Senator Byrd has put his considerable influence and concern to work to ensure our ability to enter into the growing fields of health care services and delivery, the information highway, computer science and technology, infrastructure building, school improvement, and reform which includes his strong support for libraries and literacy programs, to name only a few. His dedication to growth in the fledgling travel and tourism industry in our State which is known for its grand, breathtaking beauty amidst rugged mountainous terrain, and for its early historical influence, often after bloody encounters, in bringing about fair labor laws to serve its working men and women, especially in the coal mining industry, is well documented. It is through these kinds of exemplary initiatives that Senator Byrd more than any other single individual, has helped assure West Virginia's entry into the technological world of the 21st century fully prepared and raring to go. Today, I am pleased to salute Robert C. Byrd as Senator, as mentor, as a personal friend, and to wish him Godspeed as he labors in the vineyard of excellence in pursuit of an even stronger future for our State and its people. I know that as he has done in the past 50 years, Senator Byrd will today, kick off the next 50 years by continuing his work in ways that will give our people the natural dignity of a paycheck, the comfort of a job, the hope of parents for their children's future brought by education, the ability to find joy and pride in being a West Virginian, and the strength that comes from having a purpose in life and being prepared to meet all the challenges along the way. Happy 50th anniversary, Senator Byrd.

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IN PRAISE OF WEST VIRGINIANS DURING RECENT FLOOD DISASTER1996-02-05

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, it is difficult to know where to begin in praise of the people of West Virginia in their concerted and unselfish efforts to help start cleaning up and digging out after recent disastrous floods throughout 6 of the 16 counties I have the high honor to represent in the House. The counties which are scheduled to receive both Federal and State assistance were: Mercer, Greenbrier, Pocahontas, Webster, Summers, and Monroe Counties. Let me begin by saying that the West Virginia Legislature acted promptly and with compassion without politics in expeditiously approving the State's matching share of $7.5 million to begin to assist southern West Virginia to clean up and dig out after the devastation of the flood waters. The Salvation Army, who is ever present at disasters of all kinds, was there in force to help southern West Virginia. The West Virginia National Guard provided cleaning supplies, shovels, and helped set up the shelter at the elementary school in Talcott, Summers County, for families and children whose homes were washed away or who had to be evacuated from their homes. Our National Guard was super. The State Department of Highways and county emergency services directors took immediate action to make heavy equipment available and provided other debris-removal and salvage assistance. Directors of emergency services made local relief available immediately. Local businesses are to be commended highly for their free donation of necessary supplies of immediate necessity to families in the community at large in dealing with all aspects of the flooding. Deserving of highest praise were the local fire departments, city mayors, county commissioners, and concerned individuals and families who took it upon themselves to stand by night and day to provide food and beverages for the workers, and shelter, blankets, space heaters, and clothing for families. I would like to specifically mention many of--but not all--those individuals and agencies by name, who were strong and steadfast in getting assistance to those who needed special food for those on medically required diets, many who needed warm clothing for themselves and children who lost homes and escaped with only the clothes on their backs. There were those in need of special medications left behind when home evacuations were necessary, and transportation was provided for those in need of a physician's care or for shopping for other of life's necessities for people finding themselves suddenly homeless. And those who wanted cleaning supplies and brooms, shovels, and water hoses to start getting rid of the mud and muck in their homes, businesses, churches and public buildings were also served by local businesses and emergency relief offices mentioned above. First I want to pay tribute, with the highest praise possible, to the Talcott Volunteer Fire Department Chief Tom Talbott and Tim Ulrich, his able assistant chief, in Summers County--for it was this volunteer fire department that stood by night and day throughout the flood's intensity and afterward, and who provided food and drink for everyone else on the flood sites. These volunteers showed real leadership in stressful and often dangerous situations, including heroic rescues, and who helped keep the local victims of the flood--their neighbors--calm, sale, warm, and fed. In that context, I wish to convey special thanks and gratitude to the following individuals who are members of the Talcott Volunteer Fire Department: Kenny Simmons, Pete Weikle and his sons, David, James, and Darin; Matt Stalnaker, Evelyn and Robert Bailey, Wayne Martin, Bryan Keatley, Wesley Ward and John Gold, Kellis Miller, Tommy Ward, and Charles ``Chucky'' Gore, all of whom responded beyond the call of duty as they reached out to neighbors and friends to provide food and shelter. During my tour of Pocahontas County's Marlinton flood area, I received able assistance and support from Dana Moyers, president of the Pocahontas County Commission, and Commissioner Joel Collison, as well as county superintendent of schools, Thomas Long. I have the highest praise for Marlinton's acting mayor, Jean Hite, who did an outstanding job. For myself and all others engaged in assessing how to best meet the short- and long-term needs of the city's people, she went all out to make the city's emergency relief and other resources available. Her's was a job well done. Last, but certainly not the least of fine-caliber, able people who accompanied me on the Marlinton tour of damages, I am most deeply appreciative of the work and support of Jane Price Sharp, of the Pocahontas Times, whose job it was to observe and to write of the flood and its devastating effects on people and institutions. Under the time- honored banner of the Fourth Estate's credo that ``people have the right to know,'' Jane did an outstanding job. The Salvation Army--any organization on which all of can and do rely during disasters of all kinds--were outstanding in their offers of assistance to individuals and families and followed through with clothing, blankets, and all other forms of human assistance possible to the flood victims throughout the areas hardest hit. I want to particularly thank Mayor Jim Leslie of Hinton in Summers County for his assistance in touring the Bluestone Dam. My deep appreciation goes to Mayor Lindy Hodges of Ronceverte in Greenbrier County, who met me at the Ronceverte townhall--the old townhall because the new one was flooded--as we discussed Greenbrier County to assess the damage and determine what the immediate and long-term needs would be. Mayor Tom Housby of Alderson, between Monroe and Greenbrier Counties, met me at the Alderson townhall and accompanied me to view the flood's toll taken on the people, their homes and businesses in that area, and to do a quick assessment of damage and loss there. And I salute the locally elected members of the West Virginia Legislature, Delegate Ron Thompson of Beckley, Delegate Mary Pearl Compton of Summers County, house majority leader Jim Rowe and Delegate Bill Wallace of Greenbrier County, Delegate Joe Martin and Delegate Bill Proudfoot of Pocahontas County, and State Senators Mike Ross and Walt Helmick, for their quick action along with their colleagues in the West Virginia House of delegates and the State senate, to approve the State's matching share of funds so that the cleanup of their communities could go forward. Honorable mention must go also to Postmaster John ``Bill'' Dillion, of the Talcott Post Office, and his assistant Lorene Cales, and carriers Ronnie Quick and Patsy Mills for keeping the post office open for mail services as well as a community center, so that not only could people get their mail--a very important daily ritual of normalcy for people everywhere--as well as a place for people to gather and assure one another that they were safe. I commend each of them for this public service and for their humanitarian concern. My hat is off to Talcott Elementary School Principal Gaye Shaver, whose assistance in turning the school's gymnasium and cafeteria over as a shelter to families seeking refuge from the storms and the rising waters is and was invaluable. Praise goes also to Rev. Dana Stalnaker, pastor of the local Baptist Church for helping with the shelter and getting the Red Cross involved in Summers County, and to Peggy Elkins who started within a few hours of receding flood waters to obtain local emergency relief for families--while awaiting the often longer process of getting State and Federal relief started. Thank you Peggy. During the early tour of the flood-torn area in my district, I was accompanied by FEMA's regional director from Kansas City, John Miller, who was asked by the Philadelphia Regional Director to help us out due to the intensity of the flooding. In the week after the floods, after the six counties were declared an emergency disaster area by the President, I was joined by FEMA Director James Lee Witt on a tour of Pocahontas County and other areas, again to stress the need for Federal assistance and to assess the extent of the damages suffered in the six-county area. As we have seen happen in natural disasters throughout the country and the world, people do come together and help one another in times of stress and even danger. Disasters, call upon the best that is in us-- and people seldom fail to meet their duties and responsibilities to their neighbors both close and far. This is what I have observed in West Virginia: A binding together of people from all walks of life, helping each other in this most frightening of ordeals with floodwaters swirling about their homes, schools, churches, businesses, and public buildings. It makes me very proud to be a West Virginian and to be their Representative in Congress. My hat is off to the people of West Virginia--all those whom I have named in these remarks, and all those whose names are unknown to me who did their part and who continue to help one another.

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THE BALANCED BUDGET DOWNPAYMENT ACT, I1996-01-25

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I rise in strong support of the Bonior motion to recommit. I do so on behalf of education. We cannot be a party to causing the State and local turmoil that will ensue--including the issuing of pink slips to teachers across this Nation--if we cut $3.1 billion out of education--the biggest cut in our history. Schools must by law send layoff notices to teachers by March or April of the year prior to the next academic year--in this case the 1996-97 school year. The impact on college students will be no less harmful. I urge my colleagues to vote for this recommittal motion and save education for children of all ages.

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OBSERVING THE HISTORIC PALESTINIAN ELECTIONS1996-01-24

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, the Arab-American Institute [AAI] January 23, 1996 delegation, which I had the high honor to chair, traveled to Palestine to witness the first ever, historymaking free national elections in that country. I was accompanied by Dr. James Zogby, president of AAI, and by former Members of Congress Mary Rose Oakar (D-OH), Toby Moffett (D-CT), and by Ruth Joseph, mayor and State representative of Waterville, ME, Thomas Lazieh, former mayor Central Falls, RI, Teresa Isaac, vice mayor, Lexington, KY. Also present during the observation were Kenneth Handel, partner at Arnold and Porter law firm of New York with previous international electoral experience, and Dr. Najat Arafat Khelil, co-coordinator of the Palestinian Jewish Women's Dialogue Group. The delegation was coordinated by Zogby and Washington businessman Hani Masri with assistance from Hady Amr, a political consultant with electoral monitoring experience in South Africa. My special thanks and that of the delegation goes to Jim Zogby for making it possible, and to Hani Masri for all of his unstinting support that helped lead to this historic occasion and who shared his electoral monitoring skills with us during this important observance. Thanks goes also to Mr. Said Hamad, deputy director of the PLO office in Washington who did an excellent job of coordinating events on the ground in Palestine and smoothing our way there. We witnessed a professional, politically progressive, patriotic, and proud Palestine people parade to the polls for their historic first national elections. An excitement and enthusiasm permeated the air and ran in the veins of a people tasting and thirsting for freedom. Nothing can detract from the success of a people determined to regain control of their destiny--over their dreams and aspirations for their children. We witnessed Palestinians traveling to the polls via cars, trucks, buses, tractors, donkeys, horses, carts, hobbling on canes, and once arriving having to wait hours in long lines due to huge voter turnouts. But to many who have waited a lifetime to vote freely--a couple more hours' wait was very little. The International Community of Observers and former President Carter were encouraged and impressed and gave the Palestinians very high marks. The bottom line--these elections were free; these elections were fair. They were conducted in a highly professional manner. The President-elect, Yasir Arafat and his elected leadership team, many of whom were elected not as Arafat condidates but as independents, deserve our praise and congratulations. Tremendous duties have been bestowed by the people and they now embark upon a new journey as the freely elected representatives of Palestine. Our presence demonstrated clearly to the Palestinians that America and the world are strongly with them in their quest for democratic development and in their quest to quash disruption by extremists from all sides. The Israeli Government and Prime Minister Peres deserve commemdation for their support as well as of this electoral process and, with a few exceptions, allowed Palestinians to conduct themselves freely. From revolutionary to Ra'ees--Arabic for President--many in our delegation, like Representative Mary Rose Oakar and Toby Moffett, and Jim Zogby, have personally stood by President Arafat for a portion of his long, long, long journey to this point in history. From the bowels of Beirut in 1980 and 1982 to the palace of the President in Gaza last Friday, where the lights flickered from lack of sufficient power, we have conversed with, we have pleaded with, we have sought dialog, we have agonized with and we now celebrate a new-era President Arafat and the Palestinian people. He fully recognizes that with new legitimacy from the people comes new responsibilities. Israel Prime Minister Peres will now allow all PNC members to meet in Palestine so as to conduct the people's business and properly amend the PNC charters per the Oslo accords. As both men enter final status negotiations this coming May 4, may they enter with a greater strength within themselves and greater faith in each other, and a greater resolve to enhance and spread his peace of the brave among their people and among all mankind--two states, two peoples living side by side in peace--Israel and Palestine forever.

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A TRIBUTE TO JIM PAGE1996-01-23

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I rise today to pay tribute to Mr. Jim Page, who on January 3, 1996, retired after a long and distinguished career with the U.S. Forest Service and his position over the last 9\1/2\ years as Supervisor of the Monongahela National Forest in West Virginia. It is sad, but true, that many in this body these days take pride in denigrating Federal employees, especially those in uniform. I will not be a party to those antics, and committed public servants like Jim Page illustrate the degree of professionalism that swells the ranks of many agencies such as the Forest Service. Since June 1986, Jim served with distinction and dedication as the Supervisor of the Monongahela National Forest. He now retires after serving the public as an employee of the Forest Service for 33 years. Starting his career with the Forest Service as a temporary employee at the Wallawa-Whitman National Forest in Oregon during June of 1959, Jim Page ultimately served in 12 forest units including stints in various capacities at the Chugach and the Tongass National Forests in Alaska, the Clearwater in Idaho, the Cherokee in Tennessee, the Ouachita in Arkansas, and the Daniel Boone in Kentucky. I have been extremely proud to have had the honor to know and work with Jim Page. To say the least, I am dismayed that he is retiring. His humor, patience, fortitude, and vision will be sorely missed. In conclusion, it is my understanding that Jim and his wife Sarah may move back to their native State of North Carolina. He will bring with him a wealth of memories from his years with the Forest Service, and he will bring with him our friendship and respect. On behalf of myself and Jim Zoia of my staff, we wish Jim and Sarah Page the very best.

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WEST VIRGINIANS SUPPORT HEALTH, SAFETY AND ENVIRONMENTAL PROTECTIONS1996-01-05

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, during the first session of this Congress, West Virginians were subjected to a legislative assault of unprecedented proportions as proposal after proposal was advanced by the Republican majority to gut virtually every major environmental, health, and safety law. From the standpoint of coalfield citizens in particular, 1995 was a year to remember. The protections coal miners receive from the Mine Safety and Health Administration came under siege by one Republican legislative proposal. The health care miners obtain from black lung clinics may no longer exist as a result of the Labor, HHS, and Education appropriation bill. The pensions and health care unionized coal miners receive continue to jeopardized by another Republican legislative proposal. The ability of coal miners to obtain black lung benefits was threatened by reductions in appropriations that may give rise to the closure of black lung field offices. And, the general welfare of coalfield citizens continues to be threatened by a Republican bill which would eliminate the ability of the Federal Office of Surface Mining to safeguard the coalfield environment, and the safety of coalfield citizens, from illegal surface coal mining practices. While these are issues particular to the coalfields, West Virginians also feel strongly about the integrity of environmental statutes which affect the Nation as a whole. Last year we saw come out of this body a rewrite of the Clean Water Act that would roll back decades of progress in bringing a better quality of life to our citizens through cleaner lakes and streams. We also saw reported to the full House an Endangered Species Act rewrite that purports to place in the hands of mankind the ability to determine which of the Lord's creatures may live, and which may perish into extinction. I am pleased at this time to include in the Record a summary of a survey conducted last October on the attitude of West Virginians toward environmental issues before the Congress. This survey, conducted by the Mellman Group, Inc., for the Environmental Information Center was recently brought to my attention by the West Virginia Chapter of the Sierra Club. The summary follows: The Mellman Group, October 26, 1995. To interested parties. From the Mellman group. Re West Virginia voters' attitudes toward environmental protection and regulatory reform. The Mellman Group, Inc. designed and administered this telephone survey conducted by professional interviewers. The survey interviewed 500 registered voters in West Virginia. The survey was conducted between October 21-23, 1995. The margin of error for this survey is +/-4.4 percentage points at the 95% confidence level. The margin of error for subgroups varies and is slightly larger. West Virginia voters are solidly in favor of maintaining current levels of environmental protection. A majority oppose current Congressional efforts to roll back environmental laws and regulations, and they are specifically opposed to loosening clean water regulations and reducing protections for endangered species. These voters object to the notion that they are over-regulated when it comes to the environment. Rather, they believe environmental laws and regulations have successfully protected public health and safety and are worth their cost. Further, West Virginians do not believe that we can afford to loosen environmental standards because of prior success in cleaning up pollution. Instead, these voters believe that if we loosen environmental regulations it will turn back the clock on the advances we have made in pollution control. They oppose a regulatory reform package that would weaken any portions of the Clean Air Act, the Clean Water Act or the Safe Drinking Water Act. Similarly, these voters believe regulations to protect endangered species are necessary and worth their costs. West Virginians oppose legislation that would reduce protections for endangered plants and animals. As we have seen in other states, this support for environmental laws and standards cuts across partisan, ideological, and demographic lines. Finally, in substantial numbers, West Virginians will retaliate at the polls against candidates who support relaxing environmental regulations.

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A TRIBUTE TO JIM HARKINS1996-01-03

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, as chance would have it, the end of 1995 brought about not only the elimination of the Interstate Commerce Commission but the retirement from the Regular Common Carrier Conference [RCCC] of a friend to many of us, Jim Harkins. While Jim has had a long and distinguished career in the freight transportation industry, including stints in the railroad industry and with a major shipper, many of us first came to know him in his capacity from 1967 through 1985 as executive director of the Traffic Department of the American Trucking Associations and of the National Motor Freight Traffic Association. It was probably from Jim that many of us who know anything about freight classification learned it. In 1985, Jim became executive director of the RCCC. In that capacity, he has been an articulate, knowledgeable, and effective spokesman from the less-than-truckload segment of the motor carrier industry. Although Jim is leaving RCCC, I am sure that we will continue to hear from him on matters related to freight transportation in this country. I also hope that Jim and his wife Lucille will have more opportunity to enjoy a relaxed life in Maryland and Florida with their four children, and of course, their grandchildren. It has been indeed a great pleasure for this gentleman from West Virginia to have worked closely with Jim Harkins. On behalf of the many members of the Subcommittee on Surface Transportation, and the full Committee on Transportation and Infrastructure, who know Jim, I wish him the best of luck in his future endeavors.

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A POEM DEDICATED BY LYNN MURPHY OF PRINCETON, WV, IN TRIBUTE TO HER FATHER1996-01-03

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I have received thousands of letters and other manner of communication from my constituents in southern West Virginia in recent months and recent days, expressing concern over the budget impasse. More recently, their communications have dealt with the Government shutdown and their fears not only for themselves who are Federal employees, but the fears of those who are not, but whose family members rely upon earned Social Security and veterans benefit checks arriving on time. One such person--Lynn Murphy of Princeton, WV, wrote to voice her concern over the worry she could see in her father's eyes when report after report told him that his Social Security disability and veterans benefit checks might be delayed or fall short of the total benefits due as a result of the budget battles and the longest Government shutdown in our history--a battle still raging in Congress. While we were able to vote on a measure that assured Social Security and veterans benefit checks would arrive on time and not fall short of their total amount due, when Lynn Murphy wrote her letter and accompanying tribute to her veteran father in the form of a poem, neither she nor her father knew for sure and they were worried. In Ms. Murphy's poem, she not only pays homage to her father, but speaks to each of us as Members of the House concerning our need to get it together and put a stop to scaring the elderly, our veterans, and others who depend upon benefits of one kind or another for their daily necessities, She calls upon Congress not to forget her father and others like him as they continue to debate a balanced budget. On behalf of Ms. Murphy's deep and abiding love for her father, I am privileged to commend the poem she wrote in tribute to him and his life, to the reading of my colleagues and all who have access to the Congressional Record as we try to make some progress on coming to an agreement to fund the U.S. Government. Mr. Speaker, the untitled poem by Lynn Murphy follows: My father fought in two separate wars and still come out with life. He then worked for the mines, and took my Mom to be his wife. With my Mom came a family, and my Dad wanted it that way. No matter how bad my Daddy felt, He was still at work every day. Finally, my Dad retired at the age of Fifty-five And with all my Dad has endured in his life, his is lucky to be alive. So Congress, when you make your decisions, the way you need to do, remember my Dad risked his life, for others, and for you. Why shouldn't he get his disability checks from Social Security and the VA? Those checks pay the bills for he and Mom; he doesn't throw his money away. I've watched my parents do without to see that us kids had. And they both were on their feet each day, Although often they felt so bad. My Dad deserves an honorary award for he is the greatest Dad in the land. I hope he will always get his checks, and I hope you will understand. Look to God for answers to questions, that may arise on Capitol Hill. And think about my Dad who still strives to do God's will. Let God ease the problems. Have faith and you will see that everything seems to work out, if it is God's will for it to be.

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CONFERENCE REPORT ON H.R. 2539, ICC TERMINATION ACT OF 19951995-12-22

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I rise in support of this conference report, as amended by the concurrent resolution. This legislation provides for the orderly transfer of those essential authorities currently vested with the Interstate Commerce Commission to the Department of Transportation, and a new Surface Transportation Board. The bottom line is that if this legislation is not adopted, come January 1, there will be chaos in the railroad and motor carrier industries. There would be in place a body of law governing their daily operations, with nobody in place to administer or enforce that law since funding for the ICC expires on December 31. I would submit that situation would harm not only the railroads and the trucking companies, but every American consumer and transportation labor as well. In my capacity as the ranking Democratic member on the Subcommittee on Surface Transportation, there were several issues I championed during deliberations on this legislation. Among them are maintaining antitrust immunity for classifications, mileage guides, the establishment of through routes and joint rates. Under this legislation, antitrust immunity for these activities would continue subject to agreements approved by the new Surface Transportation Board. In my view, the grant of antitrust immunity for these motor carrier activities has well served both the industry and the general public and this legislation's treatment of this matter is prudent and wise. This legislation also makes a number of other appropriate changes to that body of federal law governing motor carriers, building upon the amendments made last Congress in the Trucking Industry Regulatory Reform Act of 1994. Reflecting the new world order in motor carrier regulation, this bill would streamline registration requirements and eliminate duplication. Ultimately, all of the various registration systems will be consolidated into one, unified system, administered by the Secretary of Transportation. I am also pleased to note that a compromise was reached on the issue of financial reporting which, while preserving this most important function for gauging safety fitness, will protect confidential business information, trade secrets, and other privileged information. From the perspective of the consumer, the motor carrier and railroad industries, and those who they employ, this legislation establishes a prudent and wise regulatory framework for the post-ICC era. I commend it to the House. With respect to other matters in this bill, I would be remiss if I did not make note of the tow truck provision contained in this conference agreement. As I have noted in the past, last year Congress inadvertently preempted the ability of local governments to regulate the tow truck industry as part of section 601 of the Federal Aviation Administration Authorization Act of 1994. The Congress did not intend to do this, and in fact, has no business intruding in this intrastate and local matter. In fact, during the waning hours of the last Congress I managed to gain House passage of remedial legislation. However, it has taken us until this point to finally resolve this issue. The pending legislation would restore the local authority to engage in regulating the prices charged by tow trucks in nonconsensual towing situations. Regulation of routes and services, as well as regulation of consensual towing, would still be preempted. Nonconsensual towing situations are those where the owner of the vehicle is unable to consent to it being towed, such as in cases of a severe accident, where the vehicle is towed from a commercial establishment for being illegally parked, or towed from city streets as a result of police order. I would note that with the restoration of the authority of local units of government to regulate prices charged for nonconsensual towing, the Congress fully expects that any rates so established be compensatory and reasonable. Another matter in this conference agreement of great interest to this gentleman from West Virginia relates to the issue of fiber drums. While not directly related to the termination of the Interstate Commerce Commission, this issue was raised by the Senate version of the bill and ultimately addressed by the conference committee. Section 105(d)(2) of the Hazardous Materials Transportation Act gives the Secretary of Transportation discretionary authority to issue standards applicable to the domestic transportation of hazardous materials consistent with standards adopted by an international body. I would stress that this authority was discretionary, with the adoption of any international-based standards for the purposes of domestic commerce not required by law. Subsequently, the Secretary promulgated regulations applicable to the domestic transportation of hazardous materials in a proceeding known as HM-181 based on the recommendations of a committee of the United Nations formed to develop requirements applicable to international commerce. These regulations have an effective date of October 1, 1996. The problem is that pursuant to the HM-181 regulations, certain types of packaging, including open-headed fiber drum packaging used for liquid hazardous materials, will no longer be acceptable for domestic commerce in the United States. Incredible as it may seem, this is the result of the rulemaking despite the demonstrated almost 100 percent safety record of fiber drum packaging technology. In light of the fact that fiber drum packaging for liquid hazardous materials is an exclusive American technology, and due to the lack of experience with it among the international community, it may not have been duly considered in the formulation of the HM-181 standards. Further, several nations other than the United States continue to provide for the regulation of hazardous materials transportation within their borders utilizing standards not based on the recommendations of the U.N. committee. Yet, as it stands, if Congress does not seek to remedy this situation, as of October 1, 1996, fiber drum packaging, the economies and employment it offers, will be no longer. I am further troubled by the manner by which this issue has been handled by the Department of Transportation's Research and Special Programs Administration. An appeal to HM-181 by the fiber drum industry was referred to the Federal employee who was the principal author of the regulation. The appeal was not considered by some type of impartial body, or by an adjudicatory panel. Rather, again, it was referred to a single Federal employee who, surprise, surprise, sustained his original position. In recognition that the fiber drum industry was being treated unfairly, last year the Congress by statute ordered the Transportation Department to revisit the issue and undertake a new rulemaking. Guess who was put in charge of this new rulemaking? The very same Federal employee who was the principal author of HM-181 and who ruled against the appeal. Once again, the treatment by HM-181 of fiber drum, packaging was sustained. As part of its version of this legislation, the Senate included a provision that would have simply authorized the continued use of fiber drum packaging so long as that packaging is in compliance with pre-HM- 181 regulations. The House had no similar provision. In conference, in an effort to reconcile the concerns advanced by the steel and plastic drum manufacturers, a compromise was devised that basically provides for a 1-year extension of the HM-181 deadline as it applies to fiber drum packaging while the National Academy of Sciences conducts a study on the issue. Since the Research and Special Programs Administration has been unable to consider this matter in an objective manner, the conferees unanimously agreed that the National Academy of Sciences was the most appropriate entity to conduct the study. For its part, the Academy is to complete the study by March 1, 1997, with the Secretary directed to conduct yet another rulemaking giving full and substantial consideration to the results of the study. I would stress the use of the words `full and substantial consideration.' This term does not mean that the Research and Special Programs Administration is to give lip service to the results of the Academy study. They do not mean that the Research and Special Programs Administration simply consider the results of the Academy study. This is not to be business as usual at the agency as it relates to fiber drum packaging. Rather, the phrase `full and substantial consideration' was carefully selected by the conferees to reflect our concern that the results of a study on fiber drum packaging conducted by an impartial entity be the guiding force in the new rulemaking. In the event the Research and Special Programs Administration does not comply with the letter and intent of this provision of the conference agreement, I pretty much can guarantee it that the Congress will revisit this issue once again.

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TRIBUTE TO THE HONORABLE JOHN DINGELL ON HIS 40TH ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES1995-12-19

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, today I join my colleagues in paying tribute to the Representative from the 16th District of Michigan John Dingell, for his 40 years of service in this body. This length of service, I am told, represents the longest continuous run of any Member who has ever served in the House of Representatives. These days, as we witness a rash of voluntary retirements from this body, it is refreshing to reflect upon John Dingell's career and his continued, and still very much intense, service to his constituents in this body. Leafing through just about any write-up on Members of Congress such as ``Politics In America'' it is impossible not to find the words ``powerful'' and ``influential'' as descriptions of John Dingell, especially in terms of his tenure as chairman of the Committee on Energy and Commerce. Indeed, during his chairmanship, John's legislative savvy and tenacious oversight activities grew to almost mythical proportions. It is true that John ruled the Committee on Energy and Commerce between 1981 and 1995, and that few dared to cross him. But in my dealings with him, I knew of a kinder and gentler John Dingell. A Member of this body who would listen to your concerns, and who if he could, would seek to accommodate them into his legislative strategy. I personally found this to be true during our consideration of the Clean Air Act reauthorization in 1990, and when we devised the Energy Policy Act of 1992. John Dingell represents the type of Member many of us view as the ideal. So to the dean of the House of Representatives, I salute you. Congratulations on your years of service, and I look forward to seeing the distinguished gentleman from Michigan serving in this body for many more years. You are a dear and true friend, ``Big John,'' to me and many in my family. Thank you.

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CONFERENCE REPORT ON H.R. 1977, DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 19961995-12-13

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, as the old saying goes,three times is a charm. This is the third time this body is considering the conference report on the fiscal year 1996 Interior appropriation. And, by golly, this time they have finally got it right, at least, as right as they'll ever get it in terms of maintaining the moratorium on the issuance of mining claim patents. This version of the conference agreement basically extends the moratorium on the Interior Department issuing mining claim patents that was in place during fiscal year 1995. In recognition that some patent applications are far enough along the process where the right to a patent may have vested, as with the fiscal year 1995 moratorium, the pending language grandfathers those claims. While I would prefer to see no patents issued, I cannot quarrel with this grandfather provision as it is aimed at protecting the taxpayer from expensive takings claims. I also would prefer not to see language in the moratorium requiring an expedited processing of the grandfathered claims. Frankly, the deadline set in the legislation will be impossible for the Department to meet so I do not place a great deal of weight on it. I am going to support this conference agreement. I am not enthused about the Tongass provision or the Mount Graham telescope language. I strongly support the designation of Yellowstone National Park as a world heritage site in danger, and note that the conferees simply wrote report language against this proposal. This report language does not carry the weight of law. And finally, if I had my preference, the appropriations for the Office of Surface Mining and the National Park Service would be a lot different than what is contained in this bill. However, in light of the fact that the conferees have finally addressed the important issue of mining claim patents in a suitable fashion, and that we must provide funding for the many important programs within the Interior Department, I intend to support this conference agreement although not the bill I would have written, but then rarely is a bill so written. Mr. Speaker, I do strongly commend the gentleman from Ohio [Mr. Regula], the subcommittee chairman, as well as the ranking member, the gentleman from Illinois [Mr. Yates], for their years and years of dedicated effort to try to enact true mining law reform, and absent that we have had to go along with this moratorium as it exists, and as it exists in this particular bill, I will support it.

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CONFERENCE REPORT ON S. 440, NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 19951995-11-18

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I rise in support of the conference agreement on this legislation to designate the National Highway System. As I look back over the legislative process that brought us to finalizing this conference agreement, I can best describe it in the words of the Grateful Dead: ``What a long strange trip it's been.'' I say this because this body first passed NHS designation legislation last year. We did it more than a full year before the October 1, 1995, deadline that caused the sequestration of $5.2 billion worth of Federal highway funds to the States. Yet, at the time, the Senate refused to conference with us. And I say this because this year, after both bodies passed NHS bills, the conference lasted approximately 8 weeks, during which time we considered a number of strange and wondrous proposals advanced by the other body. Meanwhile, the States have now been subjected to the loss of all Federal Interstate maintenance and NHS funds for a month and a half now. It has been a long strange trip indeed, but that trip is now coming to an end. We bring before the House this day a conference report that at least accomplishes the fundamental purpose of this whole exercise: the designation of a new National Highway System in this country that will be the centerpiece of the post-interstate era. In effect, the crown jewels of America's highways. That designation, despite the misgivings many of us have over other aspects of this legislation, is of overriding concern in terms of national need and public interest, and causes this gentleman from West Virginia to urge the speedy enactment of this legislation. It is true that I am no fan of repealing the national speed limit. that repeal is included in the conference agreement. And it is true that I am deeply concerned, and have grave misgivings, over the potential adverse safety consequences of provisions of this legislation aimed at minimizing Federal regulation of delivery trucks, as well as hours of service waivers for a number of trucking sectors. These items would not be in a bill that I crafted. Yet, it is the majority will of both the House and Senate that these provisions be contained in this legislation. We fought our battles over them, and we fought them fairly under an open committee process and under an open rule of the House floor. And so, as I have noted, many of us have misgivings over this legislation but all in all, it is a must-pass bill because without the designation of the NHS, the States will continue to be denied $5.2 billion in Federal highway funds, and the Nation, as a whole, will suffer. I commend this conference report to the House and urge its adoption.

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CONFERENCE REPORT ON H.R. 1977, DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 19961995-11-15

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, the gentleman is fully aware that under the last Congress, we passed overwhelmingly out of the House of Representatives a bill that was true mining law reform.

Mr. RAHALL. Mr. Speaker, I rise in very strong support of the motion of the gentleman from Illinois [Mr. Yates] to recommit this bill. This appropriation bill for the Interior Department has the most tortured and longest history of any appropriation bill I think this body has ever witnessed. I think that tortuous history is well deserving, indeed. That is because the conference committee on this bill has consistently and in a most blatant fashion ignored the majority view of this body on the question of mining claim patents. As the distinguished gentleman from Ohio [Mr. Regula], the subcommittee chairman knows, this body has expressed its opinion quite clearly on mining law patent moratoriums in previous actions on motions to recommit, and on true mining law reform itself in the last Congress, when we passed a bipartisan and in a large measure true mining law reform that even had the support at that time of the current Speaker of this body. That was true reform. We have also voted for a true moratorium, which is not what we are talking about today at all. We are talking about a sham moratorium in this bill today. There was in place during the last fiscal year a moratorium on the processing and issuance of these patents. In that true reform I referred to in the last Congress, we even ended the patenting process, again, clearly supported by this body. This moratorium last year was put in place to halt a national scandal involving the Federal Government giving away billions of dollars worth of public lands to mostly foreign-controlled corporations, without the benefit of a royalty and for the sale price of $2.50 an acre. The history of recommittal motions on this bill has already been stated many times during this debate. I shall not do that again at this time. But this moratorium, as I say, is a sham moratorium. It is a fraud. It is a mockery. Once again, I repeat, it ignores the views of the majority of this body, Republican and Democrat alike, that the American people deserve better from their Government. They do not deserve to be ripped off and the mineral wealth of this Nation plundered on the altar of corporate welfare. Why is the pending mining claim patent language a fraud? First, and we have been through it already, apparently nobody in the conference committee ever heard of the Chadha decision. The pending language would lift the moratorium if minimal provisions relating to patenting are simply passed by both the House and Senate. They do not have to be enacted into law; no, simply passed by both bodies. Second, the moratorium would be lifted if the sham mining reform provisions that will be part of the budget reconciliation package are enacted into law. That is not true reform. This bill will most assuredly be vetoed by the President. So this leaves us with a situation where, in order to lift the moratorium, all that would have to be done would be to pass a one- sentence bill by both the House and Senate, despite the questionable constitutionality of that action. Too much is at stake here. And the will of the House has simply been ignored too many times on this issue. This time, once again, I urge my colleagues to stand firm and vote, yes, vote once again, to recommit this conference report with instructions to maintain the fiscal year 1995 moratorium language.

Mr. RAHALL. Mr. Speaker, if the gentleman would continue to yield, as the gentleman just then stated it, that is correct. But we did pass true mining law reform out of this body.

Mr. RAHALL. Mr. Speaker, if the gentleman would continue to yield, I appreciate all of the gentleman's efforts, but to imply that under the last majority in this Congress we did not do anything is not a correct statement.

Mr. RAHALL. Mr. Speaker, will the gentleman yield?

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WAIVING POINTS OF ORDER AGAINST FURTHER CONFERENCE REPORT ON H.R. 1977, DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 19961995-11-15

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I thank the gentleman.

Mr. RAHALL. Mr. Speaker, I would say to the gentleman if he would continue to yield, yes, but it is my understanding that the signature of the President is not required.

Mr. RAHALL. Mr. Speaker, I appreciate the distinguished subcommittee chairman for yielding and do commend him for all of the excellent work he has done in the area of mining law reform, and in an effort to invoke a true mining moratorium. Mr. Speaker, I would ask the gentleman, though, if he is aware of a letter that has been written to a member of the other body from the Department of Justice stating the unconstitutionality of the particular provision to which you refer.

Mr. RAHALL. Mr. Chairman, will the gentleman yield?

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