Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, MARCH 12, 1996 No. 33 Senate The Senate met at 9:30 a.m. and was SCHEDULE The PRESIDING OFFICER (Mr. called to order by the President pro Mr. LOTT. Mr. President, there will CAMPBELL). Without objection, it is so tempore [Mr. THURMOND]. be a period for morning business until ordered. the hour of 10 a.m. today, with Sen- f PRAYER ators permitted to speak for up to 10 COMPLETE THE APPROPRIATIONS minutes each, except for the following: The Chaplain, Dr. Lloyd John PROCESS Senator FEINSTEIN of California for 15 Ogilvie, offered the following prayer: minutes. Mr. LOTT. Mr. President, I was Gracious Father, we thank You for At the hour of 10 a.m., the Senate shocked last week to read a headline in all of our faculties. But today, we will resume consideration of the con- one of the local publications that the praise You especially for the gift of tinuing resolution and the pending President was threatening to shut hearing. Help us never to take for amendment offered by Senator down the Government again. That was granted the amazing process by which DASCHLE. Under the previous order, at the headline: ‘‘Clinton Threatens Gov- sounds are registered on our eardrums, 2:15 p.m. today, there will be two con- ernment Shutdown.’’ and carried through the audio nerve to secutive rollall votes. The first will be It shocked me because I knew that, our cerebral cortex to be translated on invoking cloture on the D.C. appro- at that very time, the Senate Appro- into thoughts of recognition, com- priations conference report, to be fol- priations Committee was working on prehension, and response. Through this lowed by a vote on cloture on the mo- this omnibus appropriations bill, and it wondrous gift we can hear the spring tion to proceed to the Whitewater ex- was reported out of committee by a songs of robins returned, majestic tension resolution. Following those broad bipartisan vote with only two music of a sonata, loved one’s words of votes, the Senate will resume consider- Senators voting against the action by love and hope, and the truths of Your ation of the continuing resolution. the Appropriations Committee. own Word in the Bible as they are read Therefore, additional votes are ex- This legislation does include funds or proclaimed from across the reaches pected throughout the day. Also, the for the rest of the year for the five ap- of time. But most importantly, You Senate will recess from the hours of propriations bills that have not yet have given us listening hearts to hear 12:30 to 2:15 p.m. for the weekly policy been signed into law, two of which have what You have to say to us through the conferences to meet. not yet passed the Senate. Those two guidance of the Holy Spirit. It is still hoped we can reach agree- are the Labor-HHS-Education bill and Today, we dedicate our physical and ment for consideration of the small the conference report on the District of spiritual hearing systems to listen regulatory relief bill during the session Columbia appropriations bill, which is more attentively to You and to each today. We will make an effort to pro- being held up because some Members other. Forgive us when we are so occu- ceed on that legislation. We hope we do not want poor students in the Dis- pied with what we want to say that we can consider it before the week is out. trict of Columbia to have access to do not listen. Often we do not hear It has broad bipartisan support. I be- vouchers. The omnibus bill also in- each other because we have prejudged lieve it was reported unanimously from cludes three other appropriations bills what he or she will say. And there are the Small Business Committee. I have that have been vetoed by the Presi- times when we are so intent on doing had indications from Senators on both dent. our own will without consulting You sides of the aisle that they would like So there are five of them. Obviously, and listening to Your whisper in our to see this legislation moved, although everybody from the District of Colum- souls. We say with Samuel, ‘‘Speak there is some resistance to it, still bia to the Interior Department would Lord, Your servant is listening.’’ In the holding out hope we can move on the like to get this process completed. name of Him who taught us both to lis- broader regulatory reform. That would In the Appropriations Committee, ten and to pray. Amen. be ideal. But I still do not see much they also included emergency funds for real hope that can be accomplished, so the disasters that we have had in the f I would not want us to further hold up past few months across this country, good legislation on which we do have and they included funds for the United States peacekeeping effort in Bosnia. RECOGNITION OF THE ACTING agreement. So we will be seeking to All in all, the bill goes more than half- MAJORITY LEADER move that legislation before the week is out. way to meet the requests by the Presi- The PRESIDENT pro tempore. The Mr. President, I ask unanimous con- dent for additional funds. Keep in able acting majority leader, Senator sent that I be heard as in morning busi- mind, the President continues to ask LOTT. ness for the next 5 minutes. for more money. That is what is at

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S1789

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1790 CONGRESSIONAL RECORD — SENATE March 12, 1996 stake here: He wants more money to RESERVATION OF LEADERSHIP Franklin D. Roosevelt aboard the USS Quin- spend—always more money to spend. TIME cy on the Great Bitter Lake. We celebrated While we are trying to impose some this as the occasion that launched the spe- The PRESIDING OFFICER. Under cial relationship between the Kingdom of reasonable restraints on the spending the previous order, leadership time is Saudi Arabia and the United States of Amer- of the Federal Government in the non- reserved. ica. That meeting, however did not occur in defense discretionary areas, he con- a vacuum. More than a decade before, King f tinues to ask for more money, $8 bil- Abdulaziz had signed the first oil concession lion more than was included in our ear- MORNING BUSINESS with an American oil company. The ensuing activities, culminating with the discovery of lier legislation. But this omnibus ap- The PRESIDING OFFICER. Under propriation includes a $4.7 billion move oil in commercial quantities in 1938, began to the previous order, the Senate will now lay the foundation of friendship and coopera- toward what the President has asked proceed to a period for the transaction tion that made the historic meeting between for, in the form of a contingency fund of morning business until 10 a.m., with the two great leaders possible. that the President could spend after Senators permitted to speak for up to The Saudi-American relationship began agreement is reached for counter- 10 minutes each, with one exception: with commerce and, more than six decades later, commerce remains one of the binding vailing savings in entitlement pro- Senator FEINSTEIN will be recognized grams. More than half a loaf in any forces that tie our two countries together. to speak for up to 15 minutes. American companies were there in the begin- process is a major concession. And yet, f ning, helping to build not only the world’s we are being told that is still not good largest oil industry, but the infrastructure, enough. THE UNITED STATES-SAUDI support systems, and educational institu- ECONOMIC PARTNERSHIP tions that go with it. This legislation includes approxi- Over the years, the business and economic mately $166 billion for these five bills Mr. LIEBERMAN. Mr. President, the relationship between our two countries has and the nine departments that are cov- economic and security partnership be- broadened and strengthened in parallel with ered by the bill. I repeat, $166 billion. tween the United States and Saudi the political friendship. The United States And yet, for an additional $3 billion, Arabia is vital to both nations. Strong has been Saudi Arabia’s number one trade the President says he will veto the business ties are a key element of this and investment partner for most of the past whole thing. I do not think that makes partnership. forty years. Even in more trying times, Saudi Arabia is America’s leading American business has stayed true to this sense. When the Senate is offering $166 partnership. More recently, even at personal billion, is the President really going to supplier of oil, while American tech- risk, American companies and their employ- veto this legislation and shut down the nology is important to the efficient de- ees stood together with us as we faced a Government to force us up to $169 bil- velopment of Saudi oil reserves. Amer- grave challenge from Iraq during Desert lion? ica’s substantial imports are offset by Shield and Desert Storm. In a sense, that ef- more than $6 billion dollars’ worth of fort was the largest of many joint ventures I do not think that is the way to exports to Saudi Arabia each year, between our two countries. The successful begin this process. Let us keep the principally of manufactured goods. cooperation of our soldiers was in no small rhetoric cool. Let us go forward with part made possible by the decades of friend- American firms have played an impor- ship that preceded it. this bill. Let us consider the amend- tant role in the development of Saudi ments that will be offered, and I am Modernization requires adaptation. With Arabia’s modern defense, transpor- determination, commitment, and confidence sure there will be a few—I hope only a tation, and communications infrastruc- in our ways, Saudi Arabia has taken control few, not many. We can, hopefully, get ture. My own home State of Con- of its own destiny and adapted to the re- it completed today, and it will go to necticut enjoys a healthy trade rela- quirements of a 21st century economy. We conference between the House and the tionship with Saudi Arabia, particu- have reduced our reliance on oil by diversi- Senate. fying into new industries that are driven by larly in the area of aircraft engines and the private sector. American companies have The House has added, I believe, $3.3 spare parts. When I visited Saudi Ara- been there, as they were at the beginning, to billion in additional funds; the Senate bia a few years ago, I experienced first- provide the technology and know-how to de- has added $4.7 billion. The administra- hand the hospitality and cooperation velop the industries of the future. They have tion will be involved, and in the con- which characterizes business as well as found the Kingdom to be a friendly, stable, ference that will ensue, hopefully an political dealings between Americans and profitable place to do business. and their Saudi partners. Anyone who doubts the strength of the agreement can be reached quickly on Saudi-American business partnership has the conference report. That way we can A recent special edition of Middle only to look at the more than $15 billion in send this legislation down to the Presi- East Insight was devoted to the six two-way trade between the two countries. dent, and he can sign it before the decades of business partnership be- This year alone, more than $12 billion in deadline of Friday midnight. Then the tween the United States and Saudi major airline, telecommunications, and affected departments and agencies can Arabia. I would like to share with my power projects have been awarded to Amer- know what they can count on for the colleagues an article by Prince Bandar ican companies, tens of thousands of Ameri- bin Sultan bin Abdulaziz, Ambassador cans live and work in the Kingdom through rest of this year. hundreds of joint ventures; and tens of thou- Or, if we run out of time or if difficul- of the Kingdom of Saudi Arabia to the sands of Saudis have lived, worked, and stud- ties are encountered, we will still have United States. As most of my col- ied in the United States, and have brought the option of passing a short-term con- leagues know, Prince Bandar has been back with them the best that America has to tinuing resolution, merely continuing a friend of the United States for a long offer, while maintaining a steadfast alle- time. He has represented Saudi Arabia giance to their own land, religion, and val- current law but with reduced funding. ues. Those options are out there. We should with dignity, energy, and intelligence. And he has contributed to a better un- The Saudi-American business partnership do our job, and we should do it without has deep roots and is sure to remain a vital the threat or the intimation that, if we derstanding of the United States in element in the overall US-Saudi relation- do not do it just the way one side or Saudi Arabia. I am pleased to provide ship. Two people who work so closely to- the other wants it, then there is going this short article for my colleagues and gether toward the common goals of security, to be another veto fracas. ask unanimous consent that it be prosperity, and economic advancement will printed in the RECORD. surely remain friends, and partners, far into I remind my colleagues that the veto There being no objection, the article the future. In celebrating this friendship, re- threat came from the President last was ordered to be printed in the member its beginnings in our shared commitment to open markets, free enterprise, week, and it came because he wants $3 RECORD, as follows: and the private pursuit of opportunity to the billion more added to a $166 billion bill. [From Middle East Insight] I do not think that makes good fiscal benefit of both our peoples. PARTNERS IN COMMERCE sense, and I hope we will take calm and f deliberative action to complete this (By H.R.H. Prince Bandar bin Sultan bin Abdulaziz) COMMUNITY DEVELOPMENT legislation either today or as soon as FINANCIAL INSTITUTIONS FUND possible tomorrow. Earlier this year, we marked the fiftieth anniversary of the historic meeting between Mr. LEAHY. Mr. President, I would Mr. President, I yield the floor. King Abdulaziz Al-Saud and President like to take this opportunity to thank

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1791 Senator BOND and Senator MIKULSKI services to moderate and low-income the system of segregation. Sixty years for including funding for the Commu- Vermonters since its inception in 1989. later, it was to produce a student body nity Development Financial Institu- Located in Vermont’s only Enterprise which stood at the vanguard of the tions [CDFI] Fund in the fiscal year Community, the credit union is unique- civil rights movement. As Christine 1996 omnibus appropriations bill. ly positioned to provide credit to the Crumbo of The State writes, ‘‘They The CDFI Fund is a key priority for State’s neediest residents. VDCU is ap- have always been the children of tradi- President Clinton. Its inclusion in title plying for CDFI funding to help them tion, the students of South Carolina I indicates an honest effort by Senator make long-term loans for affordable State. And the breakers of tradition.’’ BOND and Senator MIKULSKI to address housing, expand small business lend- The college opened its doors on Sep- the President’s concerns by providing ing, and develop partnerships with tember 27, 1896. Both of them. Its cam- real dollars for the programs important other service providers to find creative pus consisted of only two buildings, to the administration. If more dis- solutions to community development neither of which was furnished with agreements had been resolved with this financing. electricity or plumbing. However, the level of cooperation and compromise, Another Vermont organization hop- school had plenty of what was essen- we would be debating a bill today that ing to participate in the CDFI program tial: students. The original enrollment the President would be eager to sign. is the Vermont Community Loan Fund was approximately 1,000 people ranging President Clinton and Vice President [VCLF]. This statewide nonprofit com- from kindergarten to college level, GORE campaigned in 1992 to create a munity development financial inter- and, unlike other State colleges, S.C. new partnership with the private sec- mediary has been providing flexible fi- State was coeducational from the tor to revitalize economically dis- nancing and technical assistance to start. A great deal of credit goes to tressed communities. The President low-income Vermonters for almost a Thomas E. Miller, the school’s first and Vice President spoke passionately decade. Financial assistance from the president and founding father, who about their vision for supporting local CDFI Fund will allow the VCLF to fought to establish the school. He left community development banks. After make long-term loans for affordable his political career to dedicate his time the election of 1992, both Republicans housing, undertake new initiatives and his vision to creating an inde- and Democrats in the last Congress such as lines of credit for nonprofit or- pendent Colored Normal Industrial Ag- turned the President’s vision into ganizations, and develop a viable ricultural and Mechanical College. ground-breaking legislation that cre- small-scale equity product for The college started out with an em- ated the CDFI Fund. The legislation Vermont’s smaller businesses. phasis on agriculture. About 80 percent passed the Senate unanimously and Access to credit is a significant hur- of the first year’s students came from was approved by a 410-to-12 vote in the dle for low-income Vermonters and farm families. Though the agriculture House. small business start-ups in rural areas. school was phased out in 1971, it still Unfortunately, previous fiscal year The Vermont Development Credit houses the headquarters for the 1890 1996 appropriation bills terminated the Union and the Vermont Community Research and Extension Program. This CDFI Fund before even giving this pro- Loan Fund have proposals that would serves farmers in the spirit of the old gram a chance to succeed. That was a address these needs in many parts of curriculum, incorporating such shortsighted mistake, and one that Vermont. All that is lacking is the cap- branches as The Small Farmer Out- this bill corrects. ital that the CDFI program can pro- reach Training and Technical Assist- The fund is a small but very innova- vide. ance Project. Today, South Carolina tive program. For a modest $50 million The CDFI Fund is an idea that could State has a strong liberal arts and budget, the fund has the potential to bring real growth and improvements to business concentration. make a significant impact in distressed our most disadvanted communities. I Over the past 100 years, South Caro- communities. congratulate Senator MIKULSKI and lina State has gained a reputation for How would CDFI succeed in areas Senator BOND on giving the program producing alumni of high caliber who where more traditional financing has the chance to succeed. go on to distinguish themselves in their communities, and throughout the failed? f The fund would create a permanent, Nation. From teachers to professional self-sustaining network of financial in- 100 YEARS OF EXCELLENCE IN football players, from actresses to sci- stitutions that would be dedicated to EDUCATION entists, S.C. State graduates have serving distressed communities. These Mr. HOLLINGS. Mr. President, last made their mark. They are ministers, financial institutions include a fast- week, South Carolina State University community leaders, lawyers, and col- growing industry of specialized finan- and the city of Orangeburg celebrated lege presidents; for every aspect of pub- cial service providers—community de- 100 years together. I would like to take lic life, there is an S.C. State graduate velopment financial institutions. The a few moments to reflect upon this uni- excelling in it. Included among its fund would also provide incentives for versity’s contributions to South Caro- ranks are our own Congressional Rep- banks and thrifts to increase their lina and to the Nation. As remarkable resentative JAMES E. CLYBURN; Chief community development activities and as its history has been, we find, on its Justice Ernest A. Finney, Jr., the first invest in CDFI’s. centennial, that S.C. State is creating African-American man to serve as a The CDFI Fund’s initiatives would be an even greater story to be told in the State supreme court justice; and an innovative departure from tradi- future. For it is the products of this Marianna White Davis, the first Afri- tional community development pro- university, in the form of its grad- can-American woman to serve on the grams because they leverage signifi- uates, that have made and continue to State Commission on Higher Edu- cant private sector resources. The De- make tremendous contributions to our cation. In fact, one will notice a lot of partment of Commerce estimates that society. And it is the graduating class- firsts among the graduating classes of every $1 of fund resources would lever- es to come that will carry the legacy S.C. State. These men and women age up to $10 in non-Federal resources. into the next century. make the most of the knowledge and And these locally controlled CDFI’s For many years, S.C. State has been self-confidence that their educations would be able to respond more quickly a focal point of African-American edu- instill in them and go on to affect and effectively to market-building op- cation in South Carolina. The school change in this country. At South Caro- portunities than traditional commu- has served as a cultural nursing ground lina State, the students feel a part of nity development organizations. for African-Americans inside and out- something that extends back to their I would like to share with you two side the State of South Carolina. ancestors and forward to the next gen- examples from my own State of the po- Through its fine academic tradition eration. I commend the efforts of the tential benefits of the CDFI program. and strong sense of community, it has faculty and administration of S.C. The Vermont Development Credit nurtured both the intellects and the State to continue its tradition of excel- Union [VDCU] is an innovative deposi- self-confidence of its students. In the lence, and I salute the university’s tory institution providing counseling- beginning, the college was established independent spirit. I wish them an- based financing and other banking as a State supported institution under other successful 100 years.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1792 CONGRESSIONAL RECORD — SENATE March 12, 1996 CONDEMNATION OF CHINESE MIS- acceptable to that community. Beijing Mr. WELLSTONE. Mr. President, I SILE TESTS IN THE TAIWAN should stop these missile tests and ask unanimous consent that the order STRAITS military maneuvers and re-open talks for the quorum call be rescinded. Mr. PELL. Mr. President, we are cur- with Taiwan through its own Associa- The PRESIDING OFFICER (Mr. rently in the middle of a very tense pe- tion for Relations Across the Taiwan DEWINE). Without objection, it is so or- riod in the relationship between the Straits and Taiwan’s Straits Exchange dered. United States, the People’s Republic of Foundation. Negotiations between f China, and Taiwan. Military tensions, these two entities were successful in resolving a number of issues between CONCLUSION OF MORNING in particular, are rising. Last week, BUSINESS China began a week-long series of bal- Beijing and Taipei before China cut listic missile tests and announced it them off last year. China should again The PRESIDING OFFICER. Morning will conduct an additional set of live use these talks, and not the military, business is closed. fire military maneuvers as well. I urge to persuade the people and the Govern- f ment on Taiwan. China to cancel these tests and maneu- BALANCED BUDGET vers. Together they constitute the f DOWNPAYMENT ACT, II fourth set of major military exercises KELLY MCCALLA, SOUTH CARO- The PRESIDING OFFICER. The the People’s Liberation Army has un- LINA’S 1997 TEACHER OF THE dertaken in the straits since last July. Chair lays before the Senate, H.R. 3019. YEAR They are provocative, destabilizing, The clerk will report. and only damage China’s image in the Mr. HOLLINGS. Mr. President, I am The legislative clerk read as follows: eyes of the world. delighted to congratulate Kelly A bill (H.R. 3019) making appropriations There is no reason to disbelieve Chi- McCalla on being named the 1997 for fiscal year 1996 to make a further down- na’s public claim that it is not plan- Teacher of the Year for the State of payment toward a balanced budget, and for ning an actual attack on Taiwan at South Carolina. For 11 years, Ms. other purposes. this time. But I do not believe that McCalla has dedicated herself to edu- The Senate resumed consideration of these are merely routine military ma- cating the young people of Greenwood the bill. neuvers, as Chinese officials have por- in her own inimitable style. She is an Pending: trayed them. These tests, and the mili- inspiration to anyone who aspires to do Hatfield modified amendment No. 3466, in tary exercises that preceded them last a job well and win the respect of oth- the nature of a substitute. year, are clearly meant to intimidate ers. Daschle (for Harkin) amendment No. 3467 As a teacher of science at Oakland (to amendment No. 3466) to restore $3.1 bil- the people of Taiwan in the run-up to lion funding for education programs to the the first fully democratic presidential Elementary School, Kelly McCalla en- fiscal year 1995 levels. election in the history of Chinese civ- gages students’ minds and imagina- The PRESIDING OFFICER. The Sen- ilization. But the escalation in both tions. As a member of the community, ator from Minnesota. scope and nature of this week’s exer- her contributions are vast. Whether or- cises raises the risk that conflict could ganizing special youth events through AMENDMENT NO. 3467 start through miscalculation or acci- her local church or participating in Mr. WELLSTONE. Mr. President, I dent. It is essential that all parties summer Bible School, Ms. McCalla con- rise to speak on behalf of an amend- work to prevent an armed conflict that tributes to local children’s education ment that a number of us have intro- no one wants. outside the classroom as well. She is duced which adds back $3.1 billion to Chinese Premier Li Peng stated in a active in other programs that benefit education programs to restore edu- speech to the National People’s Con- the community at large such as Meals cation funding to fiscal year 1995 lev- gress that the Taiwan issue was an in- on Wheels, programs for needy chil- els. ternal affair and warned other coun- dren, and caroling at a local nursing Mr. President, I will summarize. This tries not to interfere. In this regard I home. amendment restores funding for the support the long-standing United Obviously, she is willing to teach by following programs: Goals 2000, title I, States position that the issue of reuni- example the importance of being in- safe and drug-free schools, charter fication be handled by the Chinese peo- volved in the community. schools, vocational and adult edu- ple on both sides of the straits, but The award for South Carolina Teach- cation, educational technology, Head that policy was founded on the under- er of the Year is given to educators Start, dislocated workers, adult train- standing that the question of Taiwan who are representative of the many ex- ing, school-to-work, summer jobs for would be resolved peacefully. When the cellent teachers across the State, and youth, and one-stop career centers. leadership in Beijing threatens to use it is clear that Ms. McCalla is worthy Mr. President, as the minority leader force against Taiwan, it challenges of this title. Said State Superintendent pointed out yesterday, we have offsets that understanding and Beijing itself of Education Barbara S. Neilsen, ‘‘The for this increased funding. Mr. Presi- creates an international issue. Beijing State selection committee saw the dent, let me, first of all, say to my col- must understand that the United same magic in Kelly McCalla that her leagues, and especially to my very good States does not view Chinese threats students do.’’ friend, the chairman of the Appropria- toward Taiwan as an internal Chinese These days, with everyone worrying tions Committee, whom—you do not affair. The United States has a strong about children’s education, not just in call people heroes unless they truly interest in peace and stability in the terms of school but in terms of moral are, and he is to me, one of the great Taiwan Straits. It has a strong interest values, it is truly a pleasure to be able Senators in the history of the country. in the continued prosperity of the re- to honor someone like Kelly McCalla. I really believe it was a terrible mis- gion—Taiwan is the world’s 14th larg- She is instilling in her students some- take for the House of Representatives est trading economy and the 7th larg- thing more than a knowledge of to send over a continuing resolution est United States trading partner. science, she is showing them how to with these very deep cuts in education. These exercises are disrupting shipping love learning and to be involved, car- Mr. President, as I think about where and continued military maneuvers will ing, decent people. And that is some- we are in the country right now, it inevitably make investors and traders thing that only a gifted educator can seems to me that people in our Nation think twice about doing business in the do. I send her my congratulations, my are saying very clearly that they care region. thanks, and my best wishes in the fu- about opportunities. They worry about China has repeatedly sought to be ture. their children, and they want all of considered a responsible member of the Mr. LOTT. Mr. President, I suggest God’s children to have opportunities. world community in a number of inter- the absence of a quorum. Mr. President, I just think that slam- national fora. But if it wants the inter- The PRESIDING OFFICER. The ming the door of opportunity for chil- national respect it feels it deserves, it clerk will call the roll. dren is a huge mistake. I think that must follow that community’s norms The assistant legislative clerk pro- some of the discussion about children of behavior. Threatening Taiwan is not ceeded to call the roll. of the next generation—absolutely, we

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1793 need to pay the interest off on the languages. Then I met with the parents who gets things done to make things debt. But you do not save the children later on from the Hmung community better.’’ Kids know what is right, and I of the next generation by savaging the and the Laotian community. say to my colleagues that they know children of this generation. Mr. President, we say we want the what is wrong. We should not kid our- Mr. President, I think that as we parents to be involved. Well, there were selves. To cut title I money from my look at where we are in the country two young people who are translators. State of Minnesota, or any other State, and where we need to go together, They are proud because they could use to shut off children from the opportu- Democrats, Republicans, independents, their ability. They were bilingual to nities they need, from the support they you name it, each and every time, I help other kids that were younger. need so they can reach their full poten- would emphasize a good education as a They had graduated from college. tial, is not right. foundation of it all—for welfare re- There are jobs for them. The parents Leaders are Senators who get things form, for reducing poverty, for a stable could participate. I could understand done to make things better. This middle class, for economic perform- what they were saying to me as a Sen- amendment that restores some funding ance, for a functioning democracy; ator. The teachers could and do under- for educational opportunities for chil- each and every time, I would say you stand what I was saying. dren gets things done to make things need to emphasize a good education Mr. President, that is funded out of better. and a good job. title I money. That school, Jackson El- Cameron Dick, from South Min- Mr. President, I have tried to be an ementary School, which is an out- neapolis, testified last week in a hear- education Senator. I spend time, about standing success, does not know where ing. Cameron Dick had dropped out of every 21⁄2 or 3 weeks, at a school in it is going to be next year because of school. He is a native American. He Minnesota teaching. I was a teacher for these deep, draconian, mean-spirited was ‘‘going nowhere.’’ But the School- 20 years. I have to tell you that the cuts in funds which provide oppor- to-Work Program saved him. Working shame of all of this is that, for some tunity for our children. Mr. President, with the American Indian Opportuni- reason, we have not looked very care- is this not shortsighted? ties Center, he now goes to school, has fully—or at least the Gingrich-led Other examples: Meet with some of a job, sees the connection between his House has not—at what these cuts will the teachers that are title I teachers. schooling and a work opportunity, and mean in human terms. I will not even They will tell you about the ways in in his spare time—you will love this— give you the statistics, Mr. President. which that money is used for literacy he tutors other children. But I will tell you this: If I was to just training for adults, the parents, so that I met a young woman yesterday in take the title I program in my State of they can be involved. They talk about St. Paul, MN. I am embarrassed; I for- Minnesota, which is a $13.5 million cut ways in which parents are involved in get the last name. The first name is right now in this continuing resolu- the kids’ education. In school after Erika. She is a Hispanic woman who tion, the very negative effects this will school after school, whether it is Min- came to Minnesota from California. have on children is absolutely unbe- neapolis-St. Paul, whether it is Roch- She has lived in some communities lievable. ester, whether it is Fergus Falls, with some very difficult cir- We want children at a young age to whether it is Bemidji, whether it is Du- cumstances. She had dropped out of be wide-eyed. We want them to be ex- luth, whether it is the Iron Range, over school for several years and then went periencing all of the unnamed magic in and over and over again there are suc- back to school in the School-to-Work the world before them. We want them cess stories where this title I money Program at Humboldt High School on to be nurtured. We want them to be en- was used to provide kids from difficult the west side of St. Paul and found her- couraged. What do we do with title I backgrounds, kids who were disadvan- self an apprenticeship program with a money in Minnesota? Talk to the taged, with the additional one-on-one business, began to study accounting, teachers and talk to the parents—the support they needed in reading or now has a job, is proud of her work, title I parents in Minneapolis-St. Paul. mathematics so they could do well at makes a decent income, and is now What do we do? We give kids at the ele- the elementary school level and then going to go on and pursue higher edu- mentary school level one-on-one—I go on and do well in school. And we are cation. know you, Mr. President, are very com- going to cut this program? What kind These are not the programs we ought mitted to children—one-on-one in- of distorted priorities are these? to be cutting. I mean, what is the struction. Mr. President, I wish every one of my House of Representatives trying to say I met a mother yesterday. She said, colleagues was on the floor right now, to people in this country? ‘‘We will not ‘‘My son was a slow reader falling be- especially on the other side. Little kids shut the Government down, but the hind, not doing well. From title I he re- do not understand budgets. Little kids price we exact for not shutting the ceived that special attention, one-on- do not know what ‘‘continuing resolu- Government down is to cut Pell grants one instruction, through some addition’’ means. Little kids do not know or to cut Head Start or to cut low-in- tional teachers and teacher assistants. what the ‘‘Congressional Budget Office terest Perkins loan programs or cut vo- He is now a seventh grader in junior scoring’’ means. Little kids in Min- cational education or cut title I or cut high school, and he is a straight-A stu- nesota, Massachusetts, Oregon, Ohio, safe and drug-free schools. These are dent. I come here today to tell you and all across this country do not un- not the priorities of people in this that if not for title I, I do not know derstand why they cannot receive help country. where he would be.’’ to be better readers. Do my colleagues Mr. President, I believe that this de- Title I money is not just a bureau- have any answers for them? They do bate on this amendment to restore $3 cratic program. It works. I was at a not understand the budgets. They do billion in funding for children for edu- school, Jackson Elementary School in not understand why they do not get cation and for opportunities is one of St. Paul, with a wonderful principal, any help. They do not know why they the most important debates that we Louis Mariucci, which is a great hock- are not getting help so they can do bet- are going to have. This is all about who ey name in Minnesota from the Iron ter in reading classes. They do not we are as Senators, whom we rep- Range. He is committed to the inner- know why they are not getting any resent, what values we believe in, and city school, and they are doing well. help so they can be better in mathe- what our priorities are. The students have high achievement matics. They do not know why they are I say to some of my colleagues, espe- levels. It is diverse. It is rooted in the not receiving help. cially on the House side, that your neighborhood. Mr. President, a definition from an agenda is too harsh, your agenda is too When I was meeting with a class of elementary school student on leader- extreme, and it is a profound mistake third graders and then a class of fourth ship—I say this to my colleague from for us to begin to divest from children. graders, I asked these kids how many Massachusetts. I think he fits this defi- It is a profound mistake for this Na- languages are spoken at home. In one nition. An elementary school student’s tion to abandon children. It is a pro- class there were three different lan- definition of ‘‘leader.’’ ‘‘A leader is found mistake for this Nation to move guages spoken in the homes, and in an- someone who gets things done to make away from providing opportunities for other class there were four different things better.’’ ‘‘A leader is someone children.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1794 CONGRESSIONAL RECORD — SENATE March 12, 1996 I will conclude. Little kids do not un- There is a judge, Rick Solum—and the debate that we listen to many of derstand budgets. Little kids do not maybe my colleagues have heard the our very good friends who say, ‘‘Well, understand why we cannot help them. statistic before. I have only seen one we have really restored a great deal of Little kids who are trying hard do not report on this and maybe it is not cor- education funding in this program so understand why we cannot help them roborated. It is a startling statistic. In that parents should not worry, teach- do better in school. And that is exactly Hennepin County, he tells me there is a ers should not worry, school boards what we ought to be doing because this high correlation between high school should not worry because we have re- is the very essence of the American dropouts and incarceration, winding up stored the money, perhaps not all of dream. in prison, and cigarette smoking and the money that we would have liked to There is a former teacher from lung cancer. If the statistic is true, and have done, but, Senator, we have a dif- Northfield, Joanne Jorgensen, who is the judge says it is, that tells a very ficult financial situation and education visiting with me today with her hus- large story. has to take the hit like anything else.’’ band, Paul, who is an education pro- I also know, Mr. President—and I try I would differ with that and say as to fessor at Carlton College. Much of poli- not to do this top-down or outside- the proposal in the budget, the Repub- tics is personal. Our daughter, Marsha, school-in—I spend time in schools, Jill lican budget, which provides the tax when she was in elementary school at and I spend time with street kids, with breaks for wealthy individuals ranging least up through around fifth grade I homeless kids, with at-risk youth, with from some $240 billion, or the revision would say, was put in a lot of the lower youth workers, and all of them say the down, one of the proposals, to $178 bil- classes. No matter what we call those same things: Senators, you have to lion, can you not give us $4 billion of classes, ‘‘blackbirds’’ or ‘‘redbirds,’’ ev- give these kids positive things to do. the tax break that is going to go to the erybody knows who are the students You have to give them opportunities. wealthiest individuals and fund these that are not doing well. Some of the It starts when they are young. We are essential education programs because, other kids were calling her a ‘‘retard,’’ never going to stop this cycle of vio- my friends, basically what they are and as parents it was painful to see lence by just building prisons. We have saying is that to be effective there is your own little girl or to see any little to make sure our children in this coun- going to have to be a subsequent act, girl or any little boy not feel good try, all the children in this country, and that act is going to have to pass about himself or herself, but this was have hope, have a future that they can the House of Representatives and the our daughter. Then Joanne Jorgenson believe in, have goals, and have the Senate of the United States. That is became the teacher, and Joanne Jor- ability to be able to live for their own not going to be a reflection of the will genson said to Marsha, ‘‘Marsha, you dreams. That is what these educational and desire of some of our Republican are not stupid. You can draw. You are programs mean. friends who are strongly committed to an artist. Marsha, you are not stupid. This amendment restores the fund- education. This legislation is very You can write poetry. You have ing. We should have the support for clear in that there is going to have to rhythm. Marsha, you are a smart little this amendment, and I look forward to be action in the House of Representa- girl. You are not dumb. You can do the final vote. I yield the floor. tives and the Senate of the United well.’’ Mr. KENNEDY addressed the Chair. States in order for any of the provi- Now be a proud Jewish father. By the The PRESIDING OFFICER. The Sen- sions in here to be effective. time Marsha finished high school, she ator from Massachusetts. That is not satisfactory. Effectively was a great student and she went on to Mr. KENNEDY. I rise in strong sup- this comes back now to the question of the University of Wisconsin-Madison, port of our education amendment, to priorities. Are we going to say we will top Spanish student and she is a great restore the funding for some of the not even seek any restoration of fund- Spanish teacher at the high school very basic and fundamental education ing for education until we are going to level. She is a public schoolteacher. I programs to reaffirm this country’s get the tax breaks for the wealthy indi- do not know whether she would have commitment to investment in the viduals? That is effectively what this been able to do that were it not for Jo- young people of our country in the lim- provision says. You will not hear a lot anne Jorgenson. This is the kind of ited but important way in which the of people talking about it. You will not support that we give students. And Federal Government works in partner- hear a lot of people saying, ‘‘Well, look, Marsha did not come from some of the ship with the States and local commu- my Republican friends want that big difficult background circumstances nities. tax break for the wealthy; can’t we that a lot of the students come from We will have an opportunity to vote take $4 billion off there and just put it that are able to receive the support on this measure, and I should like to right in here on education.’’ they need from title I or vocational underscore a few of the principal rea- You will not hear a lot of people say- education or school-to-work Programs sons why this issue is of such impor- ing, ‘‘Yes, that is the way to do it.’’ or, for God sake, the Head Start Pro- tance and to review very briefly with That is not the proposal before us. So gram. The Head Start Program is what the Senate why we are where we are at we have a measure that says, all right, we say it is. We have decided as a na- the present time. we are going to put in some real money tion that we are going to give certain We should understand at the very be- and we are going to put it in now. We kids a head start. ginning what is in the legislation and are going to put it in education. We are This is a profound mistake. Do not what is not in the legislation. And going to support the school boards, the divest from children. Do not divest nothing is clearer than to look at the parents, the teachers who are meeting from education. Do not divest from op- legislation itself in the final general all over this country even while we are portunities for children. Our amend- provisions on page 780. Section 4002 in here this morning with their pencil ment restores this $3 billion, and we says: and paper wondering what they are should do so. No part of any appropriation contained in going to be able to do for the children Mr. President, my final point. My this title shall be made available for obliga- of this country over the next fiscal final two points, and I promise my col- tion or expenditure nor any authority grant- year. leagues only two points. Point No. 1. I ed or be effective until the enactment into That is happening in every city and do not want to stand out on the floor of law of a subsequent act— town in my State and in every other the Senate and argue for this amend- I mention that again for emphasis. State. I will come back to that in just ment just on the basis of reducing vio- of a subsequent act entitled ‘‘An Act Incor- a moment. lent crime. I can think of a million rea- porating an Agreement Between the Presi- Mr. President, are these programs sons why we should invest in education dent and Congress Relative to Federal Ex- really worthy of support? I think we for children beyond that. But I will tell penditures in Fiscal Year 1996 and Future have to be able to justify the particular you one thing. Investing in children Fiscal Years.’’ programs that are going to be added to. when they are young and making sure This title may be cited as, ‘‘The Con- We have the Goals 2000 Program that they have the educational opportuni- tingency Appropriations Act of 1996.’’ had strong bipartisan support in the ties beats the heck out of having to This is the Contingency Appropria- last Congress, Republicans and Demo- spend money on prisons. tions Act. It is important as we start crats alike basically accepting what

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1795 the Governors had agreed to in Char- youth—40 million youth. It cuts back What are we going to tell the 1,200 lottesville that said one of the most on the help and assistance to the schoolchildren in Boston who other- important elements in education is school systems of our country for safe wise would have been participating in raising the bar and the challenge to the and drug-free schools. this program, in close collaboration young people of this country. They will Maybe many of our Republican with the private sector that works very be able to measure up, if we establish friends are going to be able to respond closely in the administration of that some increased academic challenges to to what I heard from the assistant dis- program, uses that as a principal the young people. trict attorney, Mr. Gittens who is a source for trying to bring young people That is exactly what Goals 2000 is deputy DA in Suffolk County in Boston back into the private sector for train- meant to do, not at the State level but who I heard on Friday afternoon and ing and doing evaluations? It has been at the local school levels. It is meant who also happens to be head of the a very, very important program, not to get the funding into schools, get school committee. He is head of the only in the major cities—in Lawrence, parents involved, get the business com- school committee and a prosecutor, New Bedford, Worcester, Springfield, munity involved, teachers involved, and he asked me a very basic question and many of the other cities. and begin to establish the higher and one which I would like to address Also, there has been a $137 million re- standards for the young people. to those who want to cut this program. duction in Head Start. We have been Those standards are voluntary and He said: ‘‘Do you know when the in- around for years. We saw a significant have been worked out in some impor- crease in juvenile violence takes place, increase under President Bush in the tant areas; for example, in math and in Senator? Do you know what time? You Head Start Program. Then we had science. A number of communities can almost set a stopwatch by it. When some questions about what was hap- have accepted those particular stand- the schools close down.’’ pening to the quality of the Head Start ards, and do you know what? The latest We should be surprised by that? In Program. So we revised that with review shows there is a measurable im- the afternoons is when the principal in- strong bipartisan support. I do not provement in the young people who crease in juvenile crime occurs. think there were three Members of the have been challenged by those stand- What are these programs? Many of U.S. Senate who voted against restruc- ards in math and science. It is begin- them in the Safe and Drug-Free turing of the Head Start Program and ning to move. The challenges are out Schools Program go for dispute resolu- the increase in the funding for that there. There is an increase in academic tions. We have a number of schools in program, because it only reaches about achievement and accomplishment. my own city of Boston that have en- 35, 40 percent of the children who are The bipartisan Democratic and Re- acted that program, and they have seen eligible for that program. But nonethe- publican Governors who supported the a dramatic reduction in tension in the less, they are cutting back that pro- concept of the Goals 2000 is beginning schools for a whole range of different gram, a program that helps develop to work, but not according to this reasons. confidence-building skills for young budget. We are cutting back on those We have these voluntary programs in people. Goals 2000 programs so that thousands the city of Boston for kids who are the And the work goes on. The Dis- and thousands of schools will not be most vulnerable children in our com- located Workers Assistance Program, able to provide the same opportunities munities to get involved, and it is vast- there is a 29-percent cut. It excludes for those children. We are not doing ly oversubscribed—vastly oversub- 157,000 workers who have lost their jobs anything about the tax breaks, but we scribed. There is strong support from from programs that teach them new are cutting back on Goals 2000. the district attorneys. skills. We had lengthy debates last year Meanwhile, in another part of our At the same time, I was reading in about the effectiveness of the title I governmental body, we are cutting off this morning’s Washington Post an ar- program: Should we pull out students and censuring Colombia to show how ticle by James Glassman which talks to be able to participate in the title I tough we are on crime and substance about provisions that we have consid- program? If they are not pulled out, abuse and, at the same time, we are ered in the Judiciary Committee under are the students missing more than if prepared to cut back on programs that immigration. Some of us, including they stayed in that class? Should we reach out into those communities and myself, do not believe that we ought to not have perhaps the opportunity to make a real difference for children. Mr. fire American workers who are quali- have greater flexibility at the school President, 57 percent of the children. fied to permit American companies to level? While I was having meetings out in hire foreigners who have no better We had days and days of hearings on the community on Friday afternoon, skills or equal skills and then drop that and hours and days of debates in we heard from so many of the min- their cost in wages. So you have Amer- the House and Senate. Many, many isters in Boston talking about the sum- ican workers who have lost their jobs, good ideas were put forward by parents mer jobs for youth. The 12-, 13-, 14- the company has lower wages, they to try and help and assist those who year-old kids, again, some of the most compete with American firms, and have some disadvantage in terms of vulnerable, are talking to their teach- those firms go out of business. But at their past educational achievement. In ers now: ‘‘Is that summer job going to the same time, we will have a chance many instances, they were not able to be out there?’’ ‘‘Will I be able to have to debate those issues later on. get into the Head Start Program or that employment that I had last The point that Mr. Glassman makes they need that extra help and assist- year?’’ ‘‘You know, we want to do is: something, we want to make some- ance in literacy, in confidence-building Also, many of the best U.S. jobs go beg- skills, in the basic elements of decent thing of ourselves.’’ And I tell them ging, simply because we don’t have workers education. that this Republican Congress has ze- smart enough to fill them. In an extensive Do you know what has happened to roed their program out. new study for Empower America, Stuart An- that? That was cut back initially by al- Mr. President, it makes no sense. If derson reports that 16 large, high-tech com- most 1 million children. Now 700,000 you talk to some who are involved in panies alone had 22,000 job openings in Janu- will not participate in that program the program, they say those kids at the ary. which makes such a difference. end of the summer, if they go the That is 22,000 jobs. What do those Mr. President, in talking to Mayor whole summer, may make $900. They people need? Some training, so that Menino in Boston 2 days ago, he said say you cannot believe the difference it they are going to be able to be produc- that 14 out of the 78 different programs makes in their attitude when they tive, useful members of this society in the city of Boston are now going to come back to school after they have and provide for their families. What have to be cut out for those school- been participating in that program. does this program do? It cuts out the children. Their whole attitude changes about dislocated worker assistance to be able The Safe and Drug-Free Schools Pro- themselves, about their school, about to give those skills to American work- gram—this is a beauty. By 57 percent, the importance of schools, about stay- ers so that they can get those jobs. it slashes the drug abuse and violence ing out of gangs and staying out of Are we missing something here, Mr. prevention programs for 40 million trouble. Well, $867 million is cut out. President? Are we going to say to those

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1796 CONGRESSIONAL RECORD — SENATE March 12, 1996 workers who are dislocated, with all of central office to teachers and parents children today who will enter the work the phenomenon that is taking place in and schools. March 18—next week—the force in the 21st century. If our com- terms of the requirements in the job district’s budget director has to tell mitment to education is real, we market, without the kind of training each school the size of their budget for should fund it with real money. I urge that should be provided by the compa- the next year—by the middle of May, my colleagues to support the education nies and corporations of America—only local school councils, made up of amendment in the pending appropria- a handful of them do; they should be teachers, parents, community mem- tion. commended for doing it, but only a bers, and the principals, must submit it Mr. President, I suggest the absence handful of them do—and then on the for approval—next week. But they will of a quorum. one hand say, here are thousands and have the assurances of the Contingency The PRESIDING OFFICER. The thousands of jobs that are here, and in Appropriations Act of 1996 to help them clerk will call the roll. the same proposal cut back on the dis- out. What does that mean? The bill clerk proceeded to call the located worker assistance? The uncertainty about Federal sup- roll. Mr. President, one of the most impor- port for education will cause Chicago Mr. WELLSTONE. Mr. President, I tant, innovative programs that we to waste valuable time deciding how to ask unanimous consent that the order passed—again, with strong bipartisan allocate a lump sum that could change for the quorum call be rescinded. support. We had Republican Governors at any time. They will be forced to as- The PRESIDING OFFICER. Without who have testified in favor of this very sume the worst. Chicago schools will objection, it is so ordered. exciting program, the former Governor lose nearly 20 percent of their budget, Mr. WELLSTONE. Mr. President, I from the State of Maine. Also, we have or $40 million. That means laying off will just take a couple minutes, I say in the State of Michigan, the School- 600 teachers. The district will have to to my colleague from Pennsylvania. If to-Work Program to try to reach out deny extra help in math and reading to he is getting ready to speak, I will just to the three out of four high school 43,000 students. take probably 2 or 3 minutes. If not, I students who do not go on to college Mr. President, this would be bad will take a little more time. Might I but go on into the employment mar- under any circumstance, but it is par- ask my colleague if he is ready to ket. ticularly bad now. Why? Because of the speak now? I had an opportunity to Let us show some consideration for demographics of this country, we have speak. I will be very brief. those kids. Let us not just have them increased the total number of students Mr. SPECTER. I thank my colleague every time go on out to McDonald’s. anywhere from 3 to 5 million in our from Minnesota for his inquiry. I am Let us try to give them some oppor- schools. Just to keep even with 1995 ready to speak, but I have no objection tunity of getting on a path that can figures in support, we would need 50,000 to his taking 2 or 3 minutes. I will be give them some hope in terms of the additional teachers—50,000 additional here all day. future. That is what the School-to- Mr. WELLSTONE. Mr. President, I teachers—just to keep the pupil-teach- Work Program is about, and it is suc- thought I would supplement earlier re- er ratio, we would have to add those. cessful, Mr. President. But we have marks that I made on the floor when We would have to increase the funding. now a cut in that program that was We are not even asking to increase it. proposing our amendment, along with passed on. We are just trying to get back to 1995. the Senator from Massachusetts. So, Mr. President, we will hear later I’d like to take a closer look at these So you are starting off with 50,000 less on about, ‘‘Well, we will be able to deal education cuts. Look at this chart for teachers than you would need if you with some of these issues, perhaps, a a moment—Goals 2000 is cut by $82 mil- are going to be where you should be in little later on.’’ We are halfway lion; that is a 22-percent cut. This 1995. And with the loss of funding of the through or more, certainly, in terms of slashes school improvement efforts in the planning and programming for the other program, you lose another 50,000. Mr. President, that is a matter, I over 2,000 schools, serving over 1 mil- school year. think, of national urgency. I think it is lion children. Title I, $679 million; de- Let me just mention quickly what is nies 700,000 disadvantaged children cru- happening out there in the various a matter of national crisis. It is a reflection of national priorities, whether cial reading and math assistance. school boards. I have a deputy super- I tried, Mr. President, to give exam- we are really serious. If we cannot find intendent in Worcester, MA, who told ples, many examples from my State, the way and the means to try to at me planning next year’s budget in the about what an important program this least make sure that we are going to do midst of the Federal budget confusion is. I will repeat what I said earlier: Lit- what we did in 1995, let alone try to is like reading tea leaves in the middle tle kids do not understand all this meet responsibilities in the areas of of an earthquake. Worcester loses $2 budget language and do not understand new technologies to help and assist million in Federal funding. More than why we cannot help them be better students, which we should be doing, if 4,000 students will lose access to sup- readers and help them do better in we are, as an institution, so bound by port services. Title I will be cut by $1 school. I also want to provide informa- procedures that in a $1.7 trillion budget million. That translates into 700 fewer tion that has been given to me by Ms. we are not able to find those funds, it students. That is $1 million, with 700 Susie Kay, an outstanding teacher at is a fierce indictment. fewer students being served, and the the H.D. Woodson Senior High School layoff of 16 teachers. Mr. President, the list goes on. I just want to say, Mr. President, that I do in the District of Columbia. Mr. Presi- In Ayer, MA, they depend on the Fed- dent, for examples of what education eral impact for 23 percent of its budget. not believe, and I think most Ameri- cans do not believe, that education is a cuts mean to students, we need go no The picture is stark. If the Federal further outside this Chamber than a funding impasse is not resolved by contingency as a priority for this country. School boards cannot write their couple of miles away, to Ms. Kay’s April 22, they will close the schools 2 classroom. She writes: months earlier this year. school budgets with contingency moneys. They cannot hire teachers with Our students are not born criminals; they You have heard about stories in New- are not lazy or stupid. They just want, and port News where they were cutting contingency money. They cannot buy so deserve, the same chances that this coun- back on heating for 2 hours in the books and pencils and computers for try is supposed to guarantee all its citizens. schools, cutting back heating in a pro- their students with contingency The last thing that they need is to be set gram that we refuse to address. We money. They need real numbers now to back by further budget cuts in education, have the issue of increased tax breaks, write their budgets for the coming cuts which would only serve to discourage and they have cut back heating in the year. This bill leaves school districts students and the teachers committed to public schools of the country. You won- stranded in confusion and uncertainty helping them beat the odds. H.D. Woodson der why we are putting this legislation once again. That is the reason why this literally survives from the assistance that the Title I Program provides. To cut any fur- out here and why we are demanding amendment which we offer to restore ther into our resources would be nothing that we have a debate and a focus on the education funding is so necessary. short of criminal. We should be doing every- this. Education is not a contingency for thing we can to help them. Too many people In Chicago, the chaos caused by the the American people. It is not a contin- ask me why I continue to teach. * * * I re- budget impasse will move from the gency for the millions of school- spond * * * how can you not?

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1797 I ask that Ms. Kay’s eloquent and im- have lost their jobs, in programs that dren are experiencing all the unnamed passioned statement be printed in the teach new job skills. magic of the world. You take that RECORD at the conclusion of my re- Mr. President, every day we are read- spark of learning and you ignite it and marks. ing about downsizing and restruc- it takes a child from any background The PRESIDING OFFICER. Without turing—which is euphemism for some to a life of creativity and accomplish- objection, it is so ordered. of the large companies in this coun- ment; you throw cold water on that (See exhibit 1.) try—large multinational corporations spark of learning and that is the cru- Mr. WELLSTONE. The Safe and Drug just firing people. What are we doing elest thing you can do as a Senator, as Free Schools Program is cut by this cutting a program that provides people a government, as a country, as a soci- omnibus appropriations bill a total of who maybe are middle aged who have ety. $266 million. That is a 57-percent cut. been working hard all their lives who By trying to enact the deepest cuts This omnibus bill slashes drug abuse thought if they did work hard all their we have ever had in education as the and violence prevention programs for lives they would have secure employ- price for not shutting the Government over 40 million young people. Mr. ment, what are we doing cutting a pro- down—that is precisely what the President, you have certainly taken a gram that provides the dislocated Speaker and other Members of the real leadership role in this area. The workers with some assistance to make House who support this have sent over only thing I say is that I am im- a transition back into the workplace? to the U.S. Senate—an effort to pour mensely impressed not based upon de- Did anybody hear a hue and cry from cold water on this spark of learning is bate on the floor of the Senate, not people in 1994 that the kind of change unconscionable, unacceptable, and Sen- based on abstraction, but visits to they were voting for was to cut dis- ators should vote for our amendment schools at the mentoring programs, at located workers assistance or summer to restore this funding. I yield the the counseling programs, and really jobs for youth? Finally, Mr. President I floor. talked about this earlier, school to the success of the Safe and Drug Free EXHIBIT 1 School Program in doing everything we work is cut $55 million—a 22-percent My name is Susie Kay and I have been a can to try and address what I think is cut, curtailing efforts of 27 States, in- 12th-grade American government teacher at apparent, the huge problem of sub- cluding Minnesota, to provide students H.D. Woodson Senior High School for the stance abuse. the skills they need to get a good job. past five years. I am one of four non-minor- Head Start Program, $137 million Mr. President, I heard the other day in ity teachers at Woodson, which has a 100% cut; denies 50,000 children services that a hearing from the business commu- African American student population. H.D. help them become ready to learn. Now, nity that supports it, from labor that Woodson is a D.C. Public High School, lo- Mr. President, again I remind my col- supports it, from youth workers that cated in the inner city, east of the Anacostia leagues that the Head Start Program, support it, from teachers that support River. Teaching at Woodson has been a powerful which has overwhelming support in the it, and maybe most important of all, experience, and, while often disheartening, country, does just what the title says from young people, for whom this has my days are filled with constant inspiration it does. That is, gives children who made all of the difference in the world. and small miracles. The noted education come from families in very difficult Mr. President, the definition for fam- writer Jonathan Kozol has put my Woodson circumstances, very tough back- ily security in Minnesota is to focus on experiences in chilling perspective. He writes grounds, a head start. I have taught a good education for our children and in Amazing Grace, ‘‘No viable human society Head Start mothers; I have taught and our grandchildren and to focus on edu- condemns its children to death. Yet, through worked with Head Start families. cational opportunities and job opportu- public policy and private indifference, we nities. Mr. President, good family val- have guaranteed that our poor inner city There are two things that are very im- children will lead lives stunted by heart- portant about the Head Start Program: ues is to invest in children. Good fam- break, violence and disease.’’ He continues, First, we better invest in children ily values is to invest in educational ‘‘. . . that each casualty, part of the beauty when they are young. That is what you opportunities. Good family values is to of the world is extinguished, because these have to do. That is what this program make sure that children can have are children of intelligence and humor, of po- is about. The second thing is the in- dreams and can fulfill their dreams. etic insight and luminous faith.’’ volvement of the parents, and the edu- Good family values is to give children The story of the inner city and its youth is cation of their children. What are we hope. Good family values is to give all this and infinitely more. It is a tale of kids a lending hand when they need it. survival, not only from a culture of eco- doing cutting the Head Start Program? nomic despair and hopelessness, where too Does anybody think that is what peo- Good family values is to give children often nothing seems to change, but survival ple voted for in 1994? the careful consideration and nur- against the temptations of ‘‘easy money’’ in Summer jobs for youth, cut $867 mil- turing and support they deserve to do an area where there are virtually no avail- lion—I did not talk about that before— better in reading, to do better mathe- able jobs or means of ‘‘legal employment.’’ It 100 percent they want to eliminate it, matics. Good family values is to make is a tale of survival amidst drug dealings and preventing 673,000 high school students kids feel good about themselves. Good drive-by shootings and too often its innocent from gaining valuable work experience. family values, Mr. President, is to un- casualties . . . ‘‘dreams deferred.’’ Mostly, Mr. President, I will just tell you derstand that education and edu- it is a story of the survival and triumph of the human spirit through resilience and find- right now that those publicly elected cational opportunities are the essence ing hope in even the darkest corners. Our officials that are more down in the of the American dream. students want to survive, and they want to trenches—the commissioners, the This is one of the most important succeed, despite the multitude of odds school board members, the city council amendments, I think, that has been against them. My friends hear all of my sto- people, the mayors, and I do not mean proposed on the floor of the Senate in ries day after day; it is a world so foreign to just in our large cities but I mean in my 5 years in office. I am very proud to most of them, in fact to most people in this greater Minnesota as well—they will be a Senator that brings this amend- country, and one which too many people tell you that they have a tremendous ment to the floor, and I hope we will don’t want to be bothered with. It can be restore this funding. I have said it 10 symbolized in the paradox of Washington, amount of fear, I think is the right D.C., this glorious, powerful city, where word, about this extreme House effort, times on the floor of the Senate. I will blocks separate these two worlds. My stu- this extremist agenda, of eliminating say it an 11th time and then be done. dents do not feel the same reverence and re- summer jobs programs for youth. What Now that I have grandchildren, I see spect for our government that I was taught we want to do is get our young people these little children—they surprise me growing up, but rather an alienation, aban- involved with work. We want them to because our children are all 30, 26 and donment, and disillusionment of it. I must feel good about themselves. We want 23; I hope I have that right. Now three say that it is often difficult to blame them them to have these opportunities. This grandchildren. I see these kids. It is infor this. credible. Every 15 seconds they are in- From what I have witnessed, those stu- is a critically important program. dents that make it have truly survived What are we doing eliminating it? terested in something new. They can be against the odds. Many of their obstacles are Mr. President, $362 million for dis- in the same room and they can come so seemingly insurmountable, that there is located workers assistance, a 29-per- back weekend after weekend and they an unwritten creed that making it to grad- cent cut, excluding 150,000 workers who always find something new. Those chil- uation day alive is, in itself, a victory. Death

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1798 CONGRESSIONAL RECORD — SENATE March 12, 1996 is a culture in the inner city, and one that is ford, the swimming coach who continuously ment because I feel that education is so prevalent. One of the most incredible aspects teaches his students invaluable life lessons. critical to this country’s future. The of these children’s lives is the amount of The names and stories of dedicated teachers worst thing we can do, the worst thing death that they must constantly deal with, are endless. We daily confront multiple ob- and the accompanying complacency and ac- stacles and see them as challenges to be sur- we can do when we look at budget pri- ceptance of it. Every Monday brings with it mounted, while fighting off the temptation orities, is to make the kind of cuts in a new list of immediate family members and to give up. Our reward is our students . . . it education programs that are proposed close friends who have either been killed or certainly is not monetary. to be made for next fall and for the fis- died because of the critical lack of available The H.D. Woodson Swim Team placed 2nd cal year that we are debating. These medical attention. This year alone, I have in the DCIAA Championship over the past are the largest cuts in education pro- attended the funerals of three of my grad- week-end . . . an amazing feat considering grams in this Nation’s history. uating 1995 seniors. They were all bright and that we had no water in the swimming pool beautiful young people, rich with intel- this entire season. Due to budget cuts, the By the way, the same day that we ligence and talent. This is not a sane way to necessary pool repairs have not been made. I made a $3 billion cut in education pro- grow up, nor is it conducive to a clear mind guess there is nothing like dry land work- grams on an annualized basis, the cuts ready to begin the school day. Too many of outs for a swim team. Congress could learn a which were contained in the interim our students come to school weary from lot from our Woodson swimmers . . . how to funding bill that we are now operating, sleepless nights spent worrying about things do more with less. The Woodson $7 billion was added to the defense that citizens of this country, the richest Warriorsharks epitomize how success in budget for items not requested by the country in the world, should not have to these circumstances is still possible. So worry about. Will I have a place to live this many of these students are the most cre- Pentagon. week-end? Will that next stray bullet come ative, determined and loving people that I Within 2 hours we had two votes in through my bedroom window? Where will my have ever met in my life. In spite of the odds, this body. One of the votes passed a next meal come from? As if teachers don’t they desperately want to make it, and many continuing resolution, interim funding, have enough to worry about, feeding, cloth- miraculously do. In spite of the constant re- with cuts in education programs, cuts ing, and sheltering our students with our inforcement of messages, both subliminal in title I programs that provide teach- own money has become routine. It is just and blatant, our society, our government, our country is saying to these children that ers, for math and science, for most of part of the job. For the past three weeks one our school districts, cuts in Head Start of our students has been homeless. A few they are not valued as much, or deserving as teachers and myself have spent a great deal much, as our (other) children. It is a race programs, cuts in loan programs for of time feeding, sheltering and locating suit- issue. It is a social class issue, and, if not colleges, cuts in the School-to-Work able housing for this young man. It has been quickly addressed, we will all suffer in the Program, which is a new form of voca- frustrating, but as always, we have been in- end. For those who think that this is not tional training education and is work- spired by his determination to get through their problem, I say to you, you can run, but ing so beautifully in our high schools; you cannot hide. this. And once the students do beat the odds a 17-percent cut we had in the title I and arrive at school safely, what awaits For many of my 17-year-old seniors, I am one of the few white people with whom they program; and a 22-percent cut in them? Too often they face deplorable phys- school-to-work. ical conditions and severe lack of supplies have had a daily relationship. Their experi- and resources (yes this does include text ence with my race has often been either non- Within 2 hours of that vote, which existent, negative or at the very least, con- books). They face no heat in the winter and cut $3 billion in education, which rep- fusing. I am constantly faced with the chal- no air conditioning in the sweltering warmer resents the future of this Nation, we lenge of answering logical questions that months of May and June. School should be a have no reasonable answers—at least ones adopted a defense authorization bill haven and a refuge from the ills of the out- which I find satisfactory as I face into the that added $7 billion for items that the side world; instead it is a place where even eyes of these children. Why do white people Pentagon did not ask us to add—ships the presence of metal detectors and too few cross the street and hold their purses close and planes, mainly—and which the security guards can only do so much to keep and follow us around stores as if we are all our children safe. President did not request. Those are criminals? Why do white people look at us We read daily about the lack of supplies, not the priorities that the people of with such anger and fear? Why does our gov- money and resources in the District of Co- this Nation want. ernment seem not to care about us? These lumbia Public Schools. I am sure this is a are good kids growing up in a cruel world. The cuts in education are proposed at story that is repeated in inner city school Yet I’ll say it again. The story is in the mir- a time when a recent NBC News/Wall districts throughout the country, but these acle . . . the thirst for knowledge and the Street Journal public opinion poll says stories only scratch the surface. The reality will to survive. is much worse, in fact tragic. Many classes that 92 percent of all Americans believe I have made a point of exposing my stu- did not have books until November of this that the Federal Government should dents to my friends and to their jobs as lob- year. Until recently, there was only one spend the same or more on education; byists, hill-staffers and lawyers in the hopes copying machine for use by the entire fac- that stereotypes will be dispelled on both 92 percent of our people do not want us ulty, and now budget cuts have eliminated sides . . . they always are. One of the largest to cut education. the repair of that machine. We were often voids in these students’ lives are contacts The continuing resolution and the relegated to using a hand-crank, 1950’s style and positive exposure to people beyond their ditto machine located in the women’s bath- appropriation bill before us now makes immediate community. We all know it’s who room or expending our own funds to pur- historic cuts in education. These are you know, and by no fault of their own, chase copies of materials at Kinkos or Sta- cuts in programs that are working. We those connections are just not there. It does ples. Most teachers spend an average of $500– are not talking about cuts in programs not take a congressional study to understand 700 per year on supplies that are taken for this simple philosophy of how so many of that are not working. These are cuts in granted in suburban schools through this these kids are sent off into the world to com- programs that are having a positive country. Even the most basic supplies are plete with those who have been economically impact on the lives of people, accord- now elusive . . . pencils, paper . . . what’s and academically advantaged, equipped to ing to, I think, all the authorities that left? It is impossible to teach effectively succeed. Our students are not born crimi- without spending our own money. I can talk to. nals; they are not lazy or stupid. They just We are often inundated with news about I have traveled around my home want, and so deserve, the same chances that teachers who have given up . . . burned out this country is supposed to guarantee all of State of Michigan for the last month . . . who are apathetic . . . who simply do talking to parents, educators, and stu- not care. This is not a fitting description of its citizens. The last thing that they need is to be set back by further budget cuts in edu- dents. I asked them to talk to me so many of my colleagues at H.D. Woodson. about school-to-work, and to tell me Certainly it does not bespeak the endless cation, cuts which would only serve to dis- hours of work done by teachers who increas- courage students and the teachers com- what difference the School-to-Work ingly are being called upon to fill so many mitted to helping them beat the odds. H.D. Program means in their lives. And I am abdicated roles in their students lives. It is Woodson literally survives from the assist- told what that program means in the not an accurate description of Barbara ance that the Title I Program provides. To lives of students. cut any further into our resources would be Birchette, the lead teacher of the acceler- We finally have a School-to-Work ated charter school at D.H. Woodson, the nothing short of criminal. We should be doing everything we can do help them. Too Program where the business commu- Academy of Finance and Business. She daily nity is involved in education. The busi- and tirelessly performs the job of an army many people ask me why I continue to reach battalion. Nor does it describe Kenneth and care about these kids. I respond . . . how ness community is designing the cur- Friedman, the English teacher to whom stu- can you not? ricula in the high schools that will pro- dents know they can go to be fed and so Mr. LEVIN. Mr. President, I am a vide students with schools that the much more . . . nor Coach Bruce D. Brad- proud cosponsor of the pending amend- business community can use.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1799 Finally, we have a true marriage be- cannot budget that way. It is not a re- various educators and people relative tween business and education to pro- sponsible way to budget. So right now, to these cuts. vide real-world skills with real-world as they are budgeting for the fall, try- Larry Campbell, the superintendent technologies. What do we do? There is ing to figure out whether they have to of the St. Joseph County intermediate a proposed cut in the School-to-Work lay off title I teachers, and they are school district said this: Program of 22 percent. This is a pro- trying to figure out whether they will It is difficult for me to fathom proposed gram that is working. This is not a pro- have to terminate school-to-work pro- cuts in Federal education funds for title I, gram that is floundering, a program grams, this new form of vocational Goals 2000, school-to-work, and safe and that is wasteful. education training, which, as I said be- drug-free schools. I am deeply distressed at When you travel around our States— fore, finally marries the business com- the prospect of losing $265,600 in title I Fed- and I can only speak for my State, but munity with our schools in the most eral funding for schools in St. Joseph Coun- ty. This will have a profound affect on our I go to school after school after school, creative kind of partnership, that I have seen in education. We have busi- ability to educate children, especially those from one part of my State to another, with the greatest need. just on the School-to-Work Program. ness people in our schools working to- Mrs. Jean Sawaski, the vice presi- Another group of visits was on the title gether on a curriculum that will pro- dent of the Wakefield Township school I program. These are programs where vide skills for students that are needed board of education says: the Federal Government is making a by business. positive difference. These are not Mr. President, I have been in room I am deeply distressed at the prospect of losing $93,300 in title I Federal funding for wasteful programs. This is not where after room with business people and students together in my State of schools in Gogebic County. Please consider there is waste, fraud, and abuse, where the impact of these cuts to education. we ought to be active. These are pro- Michigan, where the business people David Defields, the superintendent, grams where we are making a positive tell me that when these kids complete and Mary Stessard, the director of pro- contribution to the lives of students this course, this School-to-Work Pro- grams and instruction of the Coloma and to the future of this Nation, and it gram, when they learn these skills and community schools, in a February 15 is proposed that we cut these programs when their attendance record is what it letter, said to me: by a historic amount of $3 billion, and has to be under this program, and when where the American people have told they do all the things required of them, In Berrien County we are projected to lose $1.1 million in title I funds alone, at a time us in public opinion polls, in our mail, they will have a job with me. When you look at a room full of kids and when when teachers have begun to accept the re- phone calls, and in our visits, that edu- search on how children learn, have invested cation is a very big priority for them. they are told by business people, ‘‘When you complete this course in this much time in professional development and They believe these programs are mak- are excited about new teaming efforts to get high school, when you graduate this ing a difference. it right the first time. You folks are asking These college loan programs are School-to-Work Program, you have a us to cut back and curtail the momentum. It making a difference. Head Start, we good-paying job with my company,’’ is all very discouraging for educators. Many know, makes a difference in the lives that is real, and that is happening in at-risk students will lose services. We are of students. Only half of the students the school-to-work world. That is what willing to tighten our belts. However, we hear that on the same day that a budget cut now eligible for Head Start get Head is proposed for a cut, unless, of course, there is a contingency fund that is of $3 billion from education funding is pro- Start. Only half. That is all the fund- posed, an increase for the defense budget of ing that is available. So instead of in- funded. But school districts cannot budget on $7 billion is proposed. Is providing contracts creasing Head Start, we have an appro- for the defense manufacturers more impor- that basis. They have to figure out now priation bill before us which reduces tant than the education of our children? whether or not next fall they are going Mr. Richard van Haaften, super- Head Start. to have to reduce their School-to-Work Now, in addition to the huge cuts intendent of the North Branch Area Program, or whether they are going to that this bill would make in education School, said: have to lay off title I teachers. These and that our amendment would re- are real budget decisions, and they I am very concerned about possibly losing store, that the Harkin amendment $350,000 in title I Federal funding for schools should not be left up in the air the way would restore, we have another prob- in Lapeer County. A loss of revenue of this this proposal does. magnitude will have a significant impact on lem, which is that the appropriation The bill includes significant funding proposal before us causes local school our ability to educate children with the cuts in some of the most proven edu- greatest need. districts tremendous uncertainty be- cation programs that we have. As I Marilyn phillips, Principal of Beetle cause the proposal before us says that said, school-to-work initiatives are cut there is a contingency fund, and if that Lake Elementary School in Battle by 22 percent. We ought to be increas- Creek, talks about real children where contingency fund is funded, then they ing school-to-work. It is a tremendous are going to get one level of funding, title I has made a difference in their success. Goals 2000 is reduced by 22 per- lives. She says: and if it is not funded through some cent; Perkins low-interest college budget agreement between the Con- loans is cut 37 percent; State student I wish you could see how title I funds have gress and the President, then it is not helped so many students in our school. We incentive grants is cut 50 percent; the have an excellent early intervention pro- going to be funded. title I skills program is cut by 10 per- How do we expect school districts to gram for our kindergarten, first- and second- cent; Head Start is cut by 4 percent; grade students which will have to be cur- be budgeting for next fall when we funding is eliminated altogether for tailed if you reduce funding for next year. have, as part of their funding level, a the summer jobs program. This pro- For instance, Caitlin, a first-grader who was contingency fund which nobody has gram has a direct affect on thousands not succeeding in kindergarten, is now a flu- any idea whether or not it is going to of young people who otherwise are ent reader in the first grade because of the be funded? These are administrators of going to be without work and in the extra help given her through title I funding. schools. They have responsibilities to Adam, Travis, and Mark, and so many others streets. It affects their education be- have been helped, too. Won’t you please people—to our children, in the case of cause many of these jobs are directly high schools and elementary and inter- think about the importance of good edu- connected to whether or not they are cation for this generation of children? mediate schools, and colleges, in the in school or not. Won’t you please think about the impor- case of college students. They have re- As I have said, Mr. President, my re- tance of a good education for this generation sponsibilities to plan a budget. action to these cuts is not just based of children? The appropriation bill before us says, on some philosophical belief that I hold Superintendent of the Detroit Public well, some of these cuts you are talk- deeply that education is the key to our Schools, Dave Snead, told me: ing about maybe will be restored. If the future. It is based on personal experi- President and the Congress get to- The elimination of the Summer Youth Pro- ences and traveling around my home gram is short-sighted and sacrifices our abil- gether on a budget deal, then there is State of Michigan. ity to teach skills related to the work ethic, going to be a higher level of funding, (Mr. KYL assumed the chair.) economic independence, and self-sufficiency. and those $3 billion in cuts you are Mr. LEVIN. Let me give some exam- Reduction of funding for Head Start, Title I, talking about will not happen. They ples of some of the comments of the School-To-Work, and Safe and Drug-Free

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1800 CONGRESSIONAL RECORD — SENATE March 12, 1996 Schools shortchanges students most in need is a proven way of increasing edu- Staff Leon Panetta, with whom I have of assistance. The proposed cuts must not cational opportunities for the bread- talked about these offsets again and stand. winners of those families. We know it again and again. We are still struggling Well, if these cuts do become law— as certain as we are standing here; to find those offsets, because if we do and, if we do not correct them through that, if we can increase educational op- not find those offsets there is a real the pending amendment—our Nation is portunities for people, there is a strong threat that there will be a stalemate going to face the largest cut in edu- likelihood—not a 100 percent likelihood again between the Congress and the cation funding in our history. Over $3 but a strong likelihood—that they will President which will lead to a closing billion will have been taken from be better off economically through of the Government, which I think has America’s schoolchildren, and the loss their lifetime. Knowing that, why in been cataclysmic and would be even of the investment in their futures will Heaven’s name we would be proposing more so if it happened again. have harmed us all. historic cuts in education programs is That is not something I am saying So, Mr. President, President Clinton beyond me. When we are struggling to for the first time in this Chamber, on has said he will not sign this bill in its find ways to improve family income to March 12, today. I said that back on present form. And he should not. But it finally get it back into a growth mode, November 14, on the second day of the should not get to him in its present under this a appropriations bill—unless first closing of the Government be- form. The Senate should adopt the it is amended—we would be making re- cause of my view that if we are going pending amendment which should re- to have political gridlock, we ought to ductions in one of the ways that we can store educational funding to at least find a way to carry forward and crys- be enhancing family income. last year’s level, and we should not rob Our families are not only working tallize the issue for the November elec- our children of their future, which is tions and then take it to the American longer hours, they are more productive what we do when we cut education pro- people as to whether they prefer the than they have ever been. Our produc- grams which are working. approach of the Congress or prefer the tivity as a people has gone up dramati- I want to close with that thought be- approach of the administration. cause a lot of us in this body have gone cally. So as we have had these continuing So the families of America are work- after programs which do not work. We resolutions late last year and again ing more hours, are more productive spend a lot of time trying to reduce early this year, I have been talking to than ever, and yet family income is programs which should either be elimi- the administration’s chief negotiator, stagnant. Median family income in nated or be reduced. That is true of Mr. Panetta, to try to find out the off- many programs. And that is the re- America has actually gone down over sets. I wrote to Mr. Panetta back on sponsibility which we have, and which the last 20 years. It is a situation which February 20 of this year. I will read the some of us have tried to carry out. But has troubling—indeed, tragic—over- first paragraph. tones. And what we must do is con- these programs work, and we have to DEAR LEON: I called again this morning to make a distinction between programs tinue to seek ways that we can reverse try to find out from you the possible offsets which work and programs which do that situation. We must look for ways to add approximately $3.3 billion for appro- to improve the standard of living of av- priations for my subcommittee on Labor, not. When we have a title I program Health and Human Services and Education. which is working, when we have erage American families. And the worst thing we can do—the last thing As you know, when we talked the week be- school-to-work, and vocational edu- fore last you expected to be able to identify cation programs that are working, we ought to do—is to be cutting the those offsets by last Tuesday. When I caught Head Start programs that are working, education programs which can help up with you on Friday, you thought the off- we should be finding ways to increase families, and help future families earn sets could at least be identified by today. the availability of these programs. more. We had scheduled a hearing for the We should be making college more So I hope that we will be adopting three Secretaries for February 21, available to students—not less. We are the amendment before us. I hope that which was deferred in the absence of in the midst—and have been for about we will restore not just in a contingent those offsets, and we finally had those 20 years—of a real economic crunch on way, or in a hypothetical or possibly a hearings trying to get the priorities the average American family. It is theoretical way but that we will actu- from those top administration officials something which we have been con- ally restore funds which have been cut a week ago today, on March 5. I had ac- cerned about and have tried to turn from some very vital education pro- tually gone to Wilkes-Barre, PA, on around for a long time. We know that grams. February 16 in the hope that I would there is a direct relationship between I again am proud to be a cosponsor of see Mr. Panetta. I could not reach him how much education you have and the pending amendment and hope that on the phone. He was traveling with what your lifetime earnings are going it passes with an overwhelming vote of the President. I got to Wilkes-Barre, to be. It may not be true in every case. the Senate. PA, when the President was scheduled But it is true in most cases. The more I yield the floor. to inspect flood damage with a number education that you have the greater Mr. SPECTER addressed the Chair. of Pennsylvania officials from the the likelihood is that you are going to The PRESIDING OFFICER (Mr. Pennsylvania congressional delegation have a better income for your whole KYL). The Senator from Pennsylvania. and the Governor. I found Mr. Panetta life. We know it statistically. And what Mr. SPECTER. Mr. President, in my was not there, so I had a chance to talk we also know is that the relationship is capacity as chairman of the Appropria- to the President about this issue. closer than it has ever been. To put it tions Subcommittee on Labor, Health President Clinton said to me that he another way, the gap in income be- and Human Services, and Education, I had discussed this offset question with tween those that have education and have been struggling to meet the re- Mr. Panetta and that offsets had been those that do not is growing. quirements of these three important identified. I asked the President what When we are in a situation—I think departments in a way to present on the they were, and he did not have the spe- it is a deeply troubling situation— floor of the Senate a bill which can cifics at that time. But we are still in when that average American family pass and will be signed by the Presi- search of those offsets. has seen stagnation in its income, dent. There is an open question as to The bill which passed the Appropria- when that average American family is whether there can be passage of a bill tions Committee provided an addi- working longer hours, because they by the Senate on a 51 majority vote on tional $3.3 billion for these three de- are, or more hours put in per family to the declaration of an emergency with- partments. The amendment which has earn either the same amount, or less, out having offsets so that we reach the been offered by Senator DASCHLE rein real terms after inflation and after objective of a balanced budget, which duces that figure and calls for addi- taxes, it seems to me that we have to is the objective articulated by the Con- tions of $3,098,637,000. In working with look for ways that we can turn that gress as well as the President. Senator HARKIN, who is the ranking around where we can again see real It has been this search for offsets Democrat on this subcommittee, in growth in family incomes. which has occupied me for many weeks what was virtually an all-night ses- One of the ways to do that—and there up to this instant. This morning I was sion—Bettilou Taylor nods in the af- are many—but one of the ways to do it on the phone trying to reach Chief of firmative—we have been able to come

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1801 up with offsets of $2,634,239,000. And in So that we are struggling to find education with actions that will pro- my efforts to reach Mr. Panetta again enough money in offsets which will en- vide a good education. this morning, talking to Miss Barbara able us to proceed, to maintain the ob- This amendment does not represent Chow of his office, talking about off- jective of a balanced budget by having empty promises. It brings education sets perhaps from extending current offsets. It is something which Leon Pa- funding back to last year’s level and is fees of the Nuclear Regulatory Com- netta is committed to do, searching for paid for with real spending cuts, not mission, there is a question as to offsets. I repeat the quotation of the with the fund contingent on some un- whether that fits into this year or not. President when I talked to him in certain future event. When my colleagues from the other Wilkes-Barre on February 16 that there Last week, the Appropriations Sub- side of the aisle have been talking were offsets and we are still trying to committee for the Departments of about the importance of education, I identify them. And this business about Labor, Health and Human Services, will not take a back seat on education an emergency, if that is sufficient to and Education heard from the Secre- funding to anybody in this Chamber or avoid a 61-vote determination, that all taries of these agencies. As a member anybody in this Congress or anybody in anybody has to do in any amendment of that subcommittee, I was stunned by this country. The education issue was which is offered by any Senator is to the extent that education and job very heavily stressed in the Specter say it is an emergency situation. training programs have been hampered family when I was growing up because The logic is that if it is determined by the sharp cuts in the current con- my parents had so little of it. Both im- to be an emergency by the President tinuing resolution and by disruptive migrants, my mother only went to and by the Congress, then that is an Government shutdowns. school through to the eighth grade; my emergency and it is an exception to the Despite these warnings, the Appro- father had no formal education; but my Budget Act. But the question remains priations Committee reported a new brother, my two sisters and I have been as to what kind of a vote it is which de- continuing resolution containing over able to share in the American dream termines whether there is such an $3 billion in cuts to education and job because of educational opportunity. emergency. training resources. My own State of And I am determined to see that for There are extensive parliamentary Wisconsin will be hit with a $20 million America today and for America tomor- considerations as to the ruling of the cut in education, including almost $1.5 row. Chair and overturning the ruling of the million less for Goals 2000, $2 million in There is another public policy consid- Chair by a majority vote, and I would vocational education cuts, $4.5 million eration. Equality is in the eye of the like to see us not engage in that kind in cuts to the Safe and Drug-Free beholder in how we get there. And that of parliamentary maneuvering. I would Schools Program, and a debilitating $12 is the commitment which the Congress also not like to see us engage in jeop- million cut in title I, which is the has made to a balanced budget, which ardizing portions of this bill which pro- money that goes to our most disadvan- the President has agreed to. That is vide for emergency relief for the ter- taged young students. why we are searching for these offsets. rible floods which ravaged my State of Supporters of this continuing resolu- When comments are made about grand- Pennsylvania and many, many other tion will argue that there is over $3 bil- children, I concur totally on edu- lion in education money provided, con- cational opportunity. But I am also States. That is why I am hopeful that we can tingent upon Congress passing entitle- concerned about not paying our bills come to terms and find the necessary ment reform. Mr. President, school ad- that we run up on a credit card today, ministrators cannot bank on some un- as we have for so many, many years offsets so that we maintain the com- known budget breakthrough that may with a national debt which exceeds $5 mitments which I think, realistically happen in 2 or 3 weeks or perhaps not trillion and annual deficits which ex- stated, remain on both sides of the even at all. I hope we do get a break- ceed $200 billion. So that is what we are aisle to balance the budget and not to through on a budget deal, but these struggling to do. undercut that, but where we do add to Comments were made about summer education and summer jobs and school- school officials need to make budget jobs. One of the Senators on the other to-work programs, programs that I to- decisions for the coming school year side of the aisle said that he talked tally subscribe to, that we do so in a right now. with the assistant district attorney in way which comports with our responsi- Let us present our school officials, Boston who pointed out that crime in- bility on a balanced budget and meets our parents and their children with creased when school closed. I do not that with offsets. real solutions and not illusions. Our know why you have to talk to anybody At this point, I am going to continue amendment takes the education prior- special to find that out. I was an assist- my work on the offsets. That concludes ities identified under the contingency ant district attorney many years ago. the essence of what I have to say. I account and pays for them right now. The city of Philadelphia has a lot of know of no other Senator seeking rec- Real offsets are provided for real res- similarities to Boston. And I saw that ognition, Mr. President, so I suggest torations in the title I program, school when school was out crime went up, the absence of a quorum. to work, drug-free schools, Goals 2000, and I did not have to find that out that The PRESIDING OFFICER. The higher education and Head Start. particular summer. It was the summer clerk will call the roll. Mr. President, no one believes that of 1960 when I saw that. The assistant legislative clerk pro- balancing the budget is easy, but peo- I have been as concerned as my col- ceeded to call the roll. ple do question the priorities of the leagues on both sides of the aisle about Mr. KOHL. Mr. President, I ask unan- 104th Congress. People do question why summer jobs, and the add-backs which imous consent that the order for the the Pentagon was given $7 billion in are in the committee report provide for quorum call be rescinded. spending it did not even ask for or need $635 million for summer youth jobs, The PRESIDING OFFICER. Without when, in fact, education is slated for which is what President Clinton had objection, it is so ordered. huge cuts. People do question why we asked for in the add-back request. Mr. KOHL. Mr. President, I come would shortchange education when When there is talk about the impor- here as an original cosponsor of the noncontroversial offsets exist to pay tance of school-to-work by my col- Daschle-Harkin education amendment. for continuing funding at last year’s leagues on the other side of the aisle, I With this amendment, we have the op- level. agree with that, too, and we have portunity to answer a daunting ques- I am a strong advocate of balancing added back in the bill currently pend- tion for school administrators, teach- the budget. To get to that goal, I know ing from the committee $182 million ers and parents across the country: we have to consider cuts in programs for school-to-work programs, which is How much does this Congress value that we all support, and I am willing to the President’s request. education? do so in every area, except in core edu- When you talk about the vital factor With this amendment, we can make cation programs. of title I compensatory education, the right choice. By passing it, we can Reducing our spending on education again we have met the President’s re- prove to our children and their teach- is perhaps the most unbalanced and un- quest on the add-backs putting in ers that Congress will back up its fair act that this Congress can take. $1,278,887,000 billion. words extolling the virtues of a good We have already saddled our children

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1802 CONGRESSIONAL RECORD — SENATE March 12, 1996 with Government debt topping $5 tril- structure a bill here which will not be much a question, but debate as a dialog lion. It is unconscionable at the same acceptable to both the Congress and on where we are heading here, that if time to take away the tools that will the President. those offsets do not exceed $2.634 bil- allow them to earn money to pay off We will have another closure of the lion, you do not really get the $3.09 bil- that debt. Government if we send to the House of lion that Senator DASCHLE wants. And When I ran my own business, Mr. Representatives a bill which is based we look to send a bill to the House of President, the people I hired were the on the emergency determination with- Representatives which will be tough best people with the best education. out offsets. I think it is not highly enough to get if there are hard offsets. What was true for our chain of stores probable—it is virtually certain it will What would Senator KOHL’s response at that time is true in the national and be rejected and we are not going to be? international marketplaces as well. have this issue resolved. I very much Mr. KOHL. Well, I think that we are Study after study has shown that the lament the fact that we are here on debating whether or not the offsets wages and quality of life of workers are March 12, looking at a March 15 dead- that I have offered are legitimate. I directly related to their educational line. think for the most part they are. They achievement. In the international eco- I have spoken earlier, before the Sen- are legitimate, I think, to the extent nomic arena, the country with the best ator came to the floor, about the ef- that we are missing, perhaps, just a relatively small portion to get to $3.1 educated work force will inevitably get forts I had made with Mr. Panetta in billion. I think we need to work a little the high-paying, high-technology jobs trying to get this matter resolved ear- harder to get there, because it is a in the future. lier, and calls going back over several question of priorities. To leave the next generation with months, and referencing a letter I had written him about that. So that, if If we do not feel the priority, then we huge debts is disgraceful. To leave will not find it. You never do. You have them with an education deficit as well, faced between the choice on finding hard budget offsets which come to, say, to feel the priority, or those of us who I believe, is criminal. Skimping on edu- feel strongly about it feel strongly cation funding runs counter to almost roughly $2.63 billion, what would the Senator’s response to that be, con- enough so that we feel we have to fund every stated goal of this Congress. How those offsets so that we can in fact can we reach a sustained balanced trasted with the pending amendment? Mr. KOHL. Yes. It is my under- make this priority one of educational budget without giving the next genera- standing that the offsets for the edu- needs a reality and not find a way to tion the tools that they need to grow cation amendment are not controver- not accomplish it. the economy? How can we reform wel- sial and they were agreed upon during Mr. SPECTER. Mr. President, I agree fare into a work program without giv- previous budget negotiations and have totally—— ing our young people the skills they been scored by the CBO. What I have is Mr. KOHL. I did offer, as I say, some- need to get and hold good jobs? How $1,359,000,000 from the privatization of thing like $3 billion, very close to $3 can we address the income disparity in the uranium enrichment offset, billion, in cuts that have been debated and agreed upon. This Uranium Enrich- our country if we deny students the $1,320,000,000 from extending the NRC ment Corporation cut from extending quality education that will allow them commission fees, and $292 million from the Nuclear Regulatory Commission to improve their standard of living? the sale of the strategic petroleum re- I believe that our choice today is fees, and the $292 billion from the sale serve. stark. We want to give our children the So those are the offsets that have of the strategic petroleum reserve, this education they need to keep this coun- been agreed upon and have been scored. totals up to $3 billion, very close to the try’s economy healthy and to keep So I am satisfied and comfortable that $3.1 billion we are talking about in terms of education. their standard of living decent. I hope we are not only adding back, as you Mr. SPECTER. The problem is the that the Senate will make the right point out, over $3 billion in education $1.3 billion from the Nuclear Regu- choice—to choose the future and pass funding, but we are also providing an the Harkin education amendment. latory Commission is not realizable equivalent amount of cuts. until the year 1999. But I agree with Thank you, Mr. President. Mr. SPECTER. The facts that I have what Senator KOHL said about working Mr. SPECTER addressed the Chair. differ to some extent of significance. hard to try to find them. But if we do The PRESIDING OFFICER. The Sen- What we have come to in offsets of not find them, I do not believe it is re- ator from Pennsylvania. $2,634,000,000 is $1.3 billion, where I alistic to send to the House legislation Mr. SPECTER. Mr. President, while agree, as to the sale of the Uranium the distinguished Senator from Wis- which is based upon anything but hard Enrichment Corporation. Then there is cuts which come within the timeframe consin is on the floor, I would appre- $292 million from the sale of oil from ciate it if he would be willing to have that we are talking about here. the strategic petroleum account and I thank my colleague for engaging in an exchange of views and respond to a $526 million from the FAA rescission, question or two on some of the state- this discussion. $159 million of unobligated balances Mr. KOHL. I thank my colleague. ments which he just made. from Pell grants, and $166 million from Mr. KERRY. Mr. President, if I could Mr. KOHL. Go right ahead. unused budget authority in the com- just pick up where the colloquy be- Mr. SPECTER. At the outset, I ex- mittee allocation, $200 million in year- tween the Senator from Wisconsin and press my admiration for the work that round youth training, which is back to Pennsylvania left off, I would like to the Senator has done. We have worked the fiscal year 1995 level, and $25 mil- emphasize what I think is the most im- very closely together on a number of lion from the unemployed trust fund. portant point, which is that over the 7- committees, including the Terrorism I think it is useful to talk about year period there is a sufficient offset. Subcommittee. I note his comments these in specifics so that our colleagues The Senator from Pennsylvania is cor- and concern, which I have heard before, who may be watching will have some of rect that you do not get it every single about the balanced budget. the specifics. But with respect to the year and you do not have it necessarily When the Senator says that there are Nuclear Regulatory Commission, I had in the up front, but we are talking offsets, it is my analysis, backed by thought when I called Mr. Panetta this about a 7-year budget, and over that 7- staff, that the amendment offered by morning and finally talked to Ms. Bar- year budget there is a sufficient offset. Senator DASCHLE does not have offsets bara Chow—and she brought up the Now, if there is not, assume for the for the full amount of $3,098,637,000. In subject—that would be more than purposes of argument there is not, my the efforts which Senator HARKIN and I enough, $1.3 billion. But there are no question to the Republicans is: Are we have made to try to find offsets, we savings from that account until 1999. I going to offer that as a show stopper, have come to a figure of $2,634,239,000. think that is why Senator DASCHLE has or are they prepared to put the money There is, in Senator DASCHLE’s inserted in this amendment the emer- where their rhetoric is and, in fact, amendment, a provision for a declara- gency provision, which he hopes will fund education to the level that it tion of emergency which seeks to take take his amendment out of the limita- ought to be in this country? this amendment out of the provisions tions of the Budget Act. Now, if there are not sufficient off- of the Budget Act requiring 60 votes. A So, I guess my question would be, or sets, are we being told by the Repub- concern that I have is that we will the point of discussion really, not so licans that out of a $1.5 trillion budget,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1803 $1.3 trillion or so of which is actually money is not the whole solution. We all happening to our workers, recognizing revenue funded, we cannot find a suffi- understand that. Clearly, we need re- what is happening to the whole work- cient amount of money to guarantee form in our school systems. We need place where people’s ability to be able that the disadvantaged school commu- testing. We need to know when a stu- to get ahead is tied to their ability to nities in this country will get funded? dent gets a diploma they can actually get an education, where countless num- That Head Start will be funded? That find the Capital of the United States on bers of our workers now are the vic- school to work is going to be funded? a map or recite the basics of American tims of the downsizing and of this new That summer jobs are going to be fund- history, or do basic math. Regrettably, information age that we live in, where ed? we have people in America who are people are working harder and harder Look, this is a statement about pri- content to pass kids on from one grade and harder just to pay the bills and to orities. There has been no trouble fund- to the other without even an assurance make ends meet, here we are debating ing the B–2 bomber in the year 1996; that they can do that. That is disgrace- add-backs that do not even get us to there has been no trouble funding the ful. That ought to change. A large part last year’s level of commitment to edu- freedom-to-farm bill, which finds an of that is a matter of personal account- cation. It is astonishing, absolutely as- extraordinary amount of money being ability within the school system. But tonishing. given away to the mining interests in there is not any one of us who has not There is not an educator in America this country, extraordinary amount of traveled to school systems in our who will not document the need to money being given away to the timber States where they do not have com- have sufficient basic skills to be able industry, extraordinary amount of puters, where they are not wired to the to move into the information world. money being given away to people to network, where they do not have state- All of us are on the floor constantly not grow crops. So we are going to pay of-the-art laboratories for science, talking about the virtues of tech- people in America not to grow a crop, where they do not have language lab- nology. You look at the entire history but we are not going to pay people in oratories, where they do not have mod- of this country from World War II, 75- America to grow a child? Unbelievable ern reference books for their libraries, plus percent of the productivity in- choice of priorities. Unbelievable where their libraries do not even stay creases in America since World War II choice of priorities. Pay people not to open, where the whole school shuts at have come from advances in tech- grow something out of the ground, but 2:30 in the afternoon. nology. Every one of us understands do not pay for this kid that is already Mr. President, it seems to me that if that in order to continue to compete to alive that needs Head Start, hot we are going to talk about values in advance our productivity we will con- lunches, or decent education? That is the United States of America we ought tinue to diminish the labor of human the choice on the floor of the U.S. Sen- to start living them here on the floor hands in the workplace. ate. of the U.S. Senate in our votes. This is Now, if we are going to increase that The Senator from Tennessee, Senator a value-oriented vote. labor with respect to services or with THOMPSON, the Senator from Arizona, What is extraordinary to me in this respect to the new technologies, people Senator MCCAIN, Senator FEINGOLD, measure is that children in the United have to have the skill level. Mr. Presi- and I were able to identify 60 billion States are being held hostage to the dent, they are not getting it in our dollars’ worth of cuts that we thought whole budget process. This is a game school system in America today suffi- were pretty reasonable that we could that is being played; one more political ciently. They could. Let me share come to. Now everybody here will game. What is the game? The game is quickly an experience from a school in agree they are reasonable, but it cer- that all of this money that is being Boston. This came to me from the prin- tainly is fairly indicative of something, talked about as an add-back is not an cipal of the school, Thomas Gardner that the Senator from Arizona, a Re- add-back at all. It is a contingency. It School. He wrote and said, publican, the Senator from Tennessee, is going to be there if something else The staff and the parents of the Thomas Gardner School were devastated to learn re- a Republican, two divergent areas of happens. It is not going to be there be- cently that the title I funding for 1996/1997 the country for Democrats, the State cause we think our kids need it. It is school year will be taken away as a result of of Wisconsin and Massachusetts, could not going to be there because it abso- Federal funding cuts. After working so dili- all agree on 60 billion dollars’ worth of lutely ought to be there, and schools gently in implementing an Inclusion Pro- cuts. ought to be able to plan on what they gram at the school and receiving the Boston What kind of things did we find? We will spend next year. It will be part of School Improvement Award in the Fall of found the closing of the Uniformed the great political game in Washington 1995 for being the second most improved Services of the University of Health because the section in the bill that school in the city, it is a rude and sad awak- Sciences, increasing the burdening ening to all of us that with the loss of our does the add-backs, section 4002, says Title I Grant, our efforts to establish a supe- sharing of the Republic of Korea, ter- none of this money can be spent, even rior educational environment may have been minating the advanced neutron if we pass this today, unless there is a in vain. project, consolidating and downsizing future agreement that is passed be- Without the $213,000 that we received this overseas broadcasting by capping our tween the President and the Congress year from Title I, two full-time and one part- funding to Radio Free Europe to per- regarding all of the fiscal years of the time teachers will not be with us next year. haps only $75 million per year, putting budget agreement. The loss of these teachers will result in our having to relinquish the Inclusion Program other fiscal restraints on it, elimi- In other words, we could pass this which has been so successful and return to nating certain travel authorizations, today and some people can go home the traditional classroom setting. This will reducing some of our export enhance- and say, ‘‘Aren’t I terrific, because we seriously disturb our school climate, ulti- ment program for corporations that just added back money to education,’’ mately reducing our students’ self-esteem make millions of dollars. but it will not be added back at all un- which we at the Gardner School have worked We have people in the U.S. Senate less Medicare is cut, Medicaid is cut, so hard to increase. This will also gravely af- who a few weeks ago voted to continue taxes are cut to the level that the fect the students in our Bilingual Program to fund extraordinary amounts of because we are losing both a literacy and an House of Representatives is currently English as a Second Language teacher. Not money to multimillion-dollar corpora- holding everybody hostage to. That is only will the students suffer with the loss of tions making a profit, to help them sell not serious legislating, Mr. President. the program but this will also cause low mo- their products overseas. How do you What we have done is offer an amend- rale amongst the staff. Since my announce- balance the equities of funding a prof- ment that is real, that offers real ment of this tremendous loss of money, I can itmaking American corporation to sell money, that brings us back not to the already see that there is an air of dismay its product overseas but not fund a level that many of us in the U.S. Sen- and anxiety in the building because a num- nonprofitmaking entity that is trying ate think we ought to be back to with ber of staff members are wondering if they to raise our kids for the future here in respect to spending on education, but are going to be displaced. This affects teaching and learning because it breaks the spirit this country? I think the choice is at least gets us back to hold us harm- of the school community—the teachers, the very, very clear. less from last year. parents and the students. I said yesterday in my comments on It is a tragedy that in the United Our new computer system, which was fund- the floor and I repeat again, obviously States of America, recognizing what is ed by Title I money, helped us accomplish a

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1804 CONGRESSIONAL RECORD — SENATE March 12, 1996 very difficult task during the 1994/1995 school it is surely not a great statement bombastic about illegitimacy, births year. During that year there was a signifi- about the priorities of this country. out of wedlock, and run around saying cant rise in the Metropolitan Achievement The mayor writes: how the values of the country are im- Reading/Math Percentile test scores. With In Boston, as across the nation, the JTPA ploding and then forget that the three this success, we planned to move forward IIB program provides constructive activities with Title I money so that every classroom great teachers of values are the for young people and keeps them from idling at the Gardner School would have Computer schools, parents, and religion. in the streets during the hot summer Assisted Instruction next year. There are too many kids today who The teachers and parents of the Gardner months. Through the program, thousands of grow up without contact with any one School and the other 22 Boston schools young people gain work experience, build academic and employment skills, and earn of those. It is no wonder that we have which stand to lose a total of 3.5 million dol- sociopaths raised in this country who lars in Title I funding next year, strongly money through service at neighborhood- based community organizations and down- are prepared to shoot another human protest the insensitive and unjustifiable cuts being just to wear their Levi jacket or in Title I funding proposed by Congress. town government agencies. The program also includes specialized their Reebok sneakers. If we are going Mr. President, that is one example. I units emphasizing life skills, academics and to be real in our talk about how you in- know that can be replicated in schools the arts, and tailored efforts for young peo- culcate values into young human ple with special needs, including employ- all across this country. But what really beings, let us recognize the lessons of leaps out at me here, above all, is this ment for deaf/hard of hearing youth; English as a Second Language instruction for ref- what taught all of us. contradiction: ‘‘During that year, there Let us affirm some structure in those was a significant rise in the Metropoli- ugee/immigrant youth; and counseling for court-involved youth. children’s lives. Let us somehow find a tan Achievement Reading/Math Per- Mr. President, we have a provision in way in the Senate to guarantee that centile test scores.’’ the 36 percent of all the kids in Amer- That is what we are trying to our Tax Code that encourages companies to take a deferral and reduce their ica who are born out of wedlock are achieve, what we are talking about, going to somehow find some teacher in what we are struggling about. They taxes for moving their jobs overseas. Here we are fighting to put back their life, a mentor, one-on-one, some had planned to put it in every class- outreach, some affirmation that will room. That is what we are talking money at the expense of that program so kids right here at home can have a give them an opportunity to believe about. Every classroom in America job during the summer. That is a pret- that they too can make it in this coun- ought to have this. We ought to want ty fundamental choice. try because, if we do not do that, it is to do that before we build the next Let me share one last example of an absolute certainty that we will con- bomber, before we put out the next set what is at stake here. This information tinue to fill our jails, our substance of missile systems, or whatever it is. comes to me from New Bedford, MA, abuse programs, our shelters, and we We ought to want every classroom in one of the highest unemployment sec- will continue to bemoan the loss of the this country—and we ought to make a tors of Massachusetts, perennially, country that all of us care about and commitment—to have that computer which has been hard-hit now by the want to have. capacity. We know it is more than just loss of industrial jobs and jobs in the That is what is at stake in this de- computers. It is guidance counselors, fishing industry. bate. That is what this amendment is books, the whole atmosphere of the There is a program there that start- about. And I hope we can find it in our- school, its safety, its drug-free schools. ed, a Head Start program in New Bed- selves to strip away the politics, to Why are we cutting drug-free safe ford. It has been about a year going on. strip away the sort of the scorecard, if schools by 57 percent? That was the It actually has a two-part program you will, of who wins and loses. We all original effort. Now the Senator will called People Acting in Community win. We all win. Most importantly, the come back and say we are going to add Endeavors. In 1994, because of the ca- children of America will win, if we can back that money. As I pointed out, it is pacity to do this inexpensively and find a way to sufficiently guarantee not a real add-back, unless we get all keep the administrative costs down the resources for our education system the other cuts that will come with the and run a whole program, they bought are adequate. I hope we are going to do rest of the budget agreement. So we a building, in order to create a second that today. are holding children and the education outreach program of Head Start for Mr. President, I ask unanimous con- goals of this country hostage to the kids who need it. And 294 children are sent that the two letters I used be politics of Washington. They do not participating in the New Bedford Head printed in the RECORD. come first; the politics are coming Start program as of a year and a half There being no objection, the mate- first. ago. That program provides nutrition rial was ordered to be printed in the Let me share another quick letter. and educational services to a multi- RECORD, as follows: This is from the mayor of the city of cultural community. Now we learn, ac- BOSTON PUBLIC SCHOOLS, Boston: cording to the budget cuts that have THOMAS GARDNER SCHOOL, I am writing to alert you to an urgent situ- been proposed here, that there will be a Allston, MA, March 12, 1996. ation facing economically disadvantaged 50-percent reduction in that funding, The staff and the parents of the Thomas youth next summer—the elimination of the which adds to their now $6.5 million Gardner School were devastated to learn re- Federally-funded summer jobs program for debt and to other cuts in the CDBG cently that the Title 1 funding for the 1996/ 1996. 1997 school year will be taken away as a re- As you may know, funding for the Summer title I. So you are not only going to sult of federal funding cuts. After working so Youth Employment and Training Program wind up laying off teachers, you are diligently in implementing an Inclusion Pro- was eliminated in both the Senate and House going to wind up cutting the program. gram at the school and receiving the Boston appropriations bills for 1996— Mr. President, it just does not make School Improvement Award in the Fall of Why would we eliminate them? What sense. I know there are colleagues of 1995 for being the second most improved is it that sets a priority in the first mine on the other side of the aisle, like school in the city, it is a rude and sad awak- place to eliminate this? Why is our the Senator from Vermont, Senator ening to all of us that with the loss of our Title I Grant, our efforts to establish a supe- time being consumed to come back JEFFORDS, and others, like the Senator rior educational environment may have been here and have to struggle to put back from New Hampshire in the chair, who in vain. into a bill money for summer jobs for care enormously about education, who Without the $213,000 that we received this youth? What U.S. Senator believes that are committed to this. I do not think year from Title I, two full-time and one part- kids are better off wandering around that the U.S. Senate should have that time teachers will not be with us next year. the streets of our country in the dead hard a time finding a way, out of this The loss of these teachers will result in our of night in the summer because they $1.5 trillion budget, to guarantee that having to relinquish the Inclusion Program have not had a constructive day? Who we provide what is needed, not what we which has been so successful and return to sort of want to find to provide, but the traditional classroom setting. This will believes that? Why was it taken out in seriously disturb our school climate, ulti- the first place? Why are we struggling what the country desperately needs in mately reducing our students self-esteem to do that here at the last moment? order to be able to provide structure which we at the Gardner School have worked Well, maybe it ties everybody up and for these kids. We cannot just come to so hard to increase. This will also gravely af- it ties up the energy of the Senate. But the floor of the U.S. Senate and be fect the students in our Bilingual Program

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1805 because we are losing both a literacy and an As the budget reconciliation process goes the same cuts that we haven’t been English as a Second Language teacher. Not forward, please support the restoration of able to agree upon over the past year. only will the students suffer with the loss of the summer jobs program for 1996. Thank So the only way we could increase the program but this will also cause low mo- you for your efforts on behalf of the young money for education is by taking des- rale amongst the staff. Since my announce- people in our communities who need and de- perately needed funds away from ment of this tremendous loss of money, I can serve a chance to work and learn during the already see that there is an air of dismay summer. America’s most vulnerable citizens, the and anxiety in the building because a num- Sincerely, elderly and children. It is like robbing ber of staff members are wondering if they THOMAS M. MENINO, Peter to pay Paul and it is unaccept- are going to be displaced. This affects teach- Mayor of Boston. able. ing and learning because it breaks the spirit Mr. DODD. Mr. President, I rise This is the ultimate example of of the school community—the teachers, the today in strong support of this amend- smoke and mirrors. The Republicans go parents and the students. ment to increase real education fund- to the voters and say ‘‘We’re serious Our new computer system, which was fund- about education,’’ when in fact they ing for our Nation’s children. ed by Title I money, helped us accomplish a provide hardly any real money to fund very difficult task during the 1994/1995 school Over the past year, this Congress has eliminated billions of dollars for edu- Federal education programs. year. During that year there was a signifi- The Democratic amendment proposes cant rise in the Metropolitan Achievement cating America’s young people. And real offsets and real spending cuts that Reading/Math Percentile test scores. With this CR would continue that process by this success, we planned to move forward would allow Congress to maintain its slashing $3 billion from vital education commitment to education. with Title I money so that every classroom programs. This moves us toward the at the Gardner School would have Computer This is the real way to balance a Assisted Instruction next year. single largest cut in education spend- budget, by matching spending in- The teachers and parents of the Gardner ing in our Nation’s history. creases with real spending cuts. School and the other 22 Boston schools And, there are real children behind THE GOP BALANCED BUDGET STRATEGY which stand to lose a total of 3.5 million dol- these cuts: $137 million would be To be honest, I have given up trying lars in Title 1 funding next year, strongly slashed from Head Start, affecting to understand the rationale of the ma- protest the insensitive and unjustifiable cuts more than 20,000 3- and 4-year-olds; $679 in Title I funding proposed by Congress. We jority party’s budget cutting strategy. million would be cut from math and First, they shut the Government urge everyone who agrees that funding for reading programs, affecting 700,000 education is the most valuable investment down, costing the taxpayers over a bil- we can make today to join our protest. children; $266 million cut from the Safe lion dollars. CATALINA B. MONTES, Ed. D., and Drug-Free School Program; affect- Then they continue this dangerous Principal. ing 23 million kids. and chaotic policy of haphazardly pass- And all funding for summer youth ing CR after CR, all of which cut des- BOSTON CITY HALL, jobs would be cut, leaving half a mil- perately needed funds for education, Boston, MA, December 14, 1995. lion American teenagers with nothing technology and crime programs, the Hon. JOHN F. KERRY, to do this summer. environment, and the list goes on and Russell Senate Office Building, Washington, In my State of Connecticut, $9 mil- on. DC. DEAR SENATOR KERRY: I am writing to lion in Federal education funding will Now, realizing the folly of their alert you to an urgent situation facing eco- be lost. And most of those cuts come in ways, realizing that the American peo- nomically disadvantaged youth next sum- the title I program, which provides re- ple don’t want these draconian spend- mer—the elimination of the federally-funded medial education for thousands of Con- ing cuts, realizing that they cannot summer jobs program for 1996. necticut’s poorest and most disadvan- blackmail President Clinton into ac- As you may know, funding for the Summer taged children. cepting their demands, the majority Youth Employment & Training Program These cuts make it near impossible party proposes to restore a fraction of (JTPA-IIB) was eliminated in both the Sen- for schools and colleges across this education funding—that is conditional ate and House Appropriations Bills for 1996, on cutting money for essential pro- while the new workforce development legis- country to plan ahead. lation will go into effect at the earliest on School districts do not know how grams that serve America’s youngest June 1st, 1997. This situation leaves the sum- many new teachers or new aides to and oldest citizens. mer program unfunded in 1996. hire. Educators are faced with appall- This is a foolhardy and dangerous ap- Your strong support has helped counter ef- ing choices—which programs and what proach, particularly in the face of ear- forts to reduce and eliminate the summer children will receive meager Federal lier budget agreements, passed in a bi- youth program in the past, and again your benefits. partisan manner, to protect education help is needed to preserve this important op- And all this comes at a time when as a national priority. portunity for young people. All Americans can agree on the enor- In Boston, as across the nation, the JTPA public schools are making real progress in solving the myriad problems that mous importance of education for the IIB program provides constructive activities future of our children, our families, for young people and keeps them from idling face them; at a time when a good edu- in the streets during the hot summer cation is more essential than ever to and our country. In fact, a recent Gallup Poll showed months. Through the program, thousands of guarantee our children the ability to 75 percent of Americans support ex- young people gain work experience, build compete in the global economy. academic and employment skills, and earn panding Federal aid for education. But instead of increasing funding, or We must draw a line against these money through service at neighborhood- at the least, maintaining current lev- based community organizations and down- cuts in education and give our children town government agencies. els, this Congress is intent on pulling the educational opportunity they need The program also includes specialized the rug out from underneath America’s to succeed. units emphasizing life skills, academics and children. Mr. KERREY. Mr. President, I rise as the arts, and tailored efforts for young peo- This CR would wreak severe havoc on a cosponsor of the Daschle-Harkin ple with special needs, including employ- America’s schools, on America’s edu- amendment. This amendment adds ment for deaf/hard of hearing youth; English cation programs, and most of all on as A Second Language instruction for ref- back $3.1 billion for vital education America’s children. programs such as title I, Head Start, ugee-immigrant youth; and counseling for This is no way to run the Govern- court-involved youth. School-to-Work, and Education Tech- Operated by Action for Boston Community ment and this is no way to balance the nology. Development, Inc. over the past three dec- budget. I have often said that children will do ades, the program has provided thousands of CUTS ARE NOT BACKED UP WITH REAL MONEY as we do and not as we say. If we want low-income youth with their first work expe- To add insult to injury, while the our children to value learning and dis- riences and has strengthened hundreds of majority party claims they are adding covery, we just value them as well and community-based organizations throughout back funds for education, there is little demonstrate by our actions here in the our neighborhoods. Over the past few years, the integration of education into the pro- real money in these appropriations. Senate that we are willing to invest in gram has reinforced the connection between These add backs are conditional on their education and their futures by school and work that has been missing from the Congress and the President agree- providing the money necessary to en- the academic experience of so many of our ing on future cuts in Medicare and sure a quality learning experience for young people. Medicaid and other essential programs; all our children.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1806 CONGRESSIONAL RECORD — SENATE March 12, 1996 Recent polls show that education is a Mr. JEFFORDS addressed the Chair. we are considering. The simple way to national priority among all Americans. The PRESIDING OFFICER. The Sen- get out of the mess is to vote for clo- These polls reflect what I have been ator from Vermont is recognized. ture, and to get the DC bill out so we hearing from Nebraskans—that Ameri- Mr. JEFFORDS. Mr. President, I do not have to have the fight within cans want their tax dollars to go to a have listened very carefully to the very the comprehensive package which is strong education system—a system eloquent statements of my colleagues facing us today. that will work for all its citizens. They on the other side of the aisle with re- So, Mr. President, I again urge all of are willing to spend more if they get spect to education. There is nothing my colleagues to support the cloture more for their money. We must be will- that I disagree with. motion which we will be voting on as ing to invest in education and spear- I ask my colleagues on the other side soon as we come out of our weekly head a national commitment to of the aisle to remember that the first Tuesday luncheons. achieve results in every school, rich vote this afternoon will move us from Mr. President, I yield the floor. Mr. and poor. the macro responsibilities we have President, I suggest the absence of a As I examine the programs that will with respect to education to the micro quorum. receive additional funding under this responsibility we have for the District The PRESIDING OFFICER. The amendment, I am struck by the fact of Columbia. I hope when the fourth clerk will call the roll. that these dollars will be providing op- cloture vote comes up, on the D.C. ap- The legislative clerk proceeded to portunities for our young people to do propriations bill, that my colleagues call the roll. Mr. GREGG. Mr. President, I ask exactly what we all as parents admon- on the other side of the aisle will re- unanimous consent that the order for ish them to do—prepare themselves to member their responsibilities to the education of the children of Wash- the quorum call be rescinded. live meaningful and productive lives. The PRESIDING OFFICER. Without ington, DC, and will express that same Under this amendment, we add back objection, it is so ordered. money to Head Start to enable our compassion and vote for cloture so that Mr. GREGG. Mr. President, I want to youngest citizens to enter school pre- we can move that conference report, speak briefly—about 10 minutes—about pared to learn; to title I to allow our which will do so much for the children where we are on this piece of legisla- economically disadvantaged youth the of Washington, DC, on to the Presi- tion, and then later in the day I will be opportunities afforded more affluent dent. offering an amendment relative to the students; to vocational, school-to-work I want to remind everyone that we amendment offered by the Democratic and summer jobs for youth programs to are coming to a crisis point. First of all leader. train, and educate our young people for with respect to the budget of the Dis- We have heard a great deal of discus- the future workplace; and to tech- trict of Columbia as they are fast ap- sion from the other side of the aisle. nology programs such as STAR schools proaching the point of bankruptcy, and We have heard from both Senators to provide exciting resources for all our will reach it very quickly, if we do not from Massachusetts, from the Senator students regardless of geographical pass that bill. That bill is locked up be- from Minnesota, and I believe the Sen- limitations. cause we are arguing about a small ator from Michigan. There must be All of these programs are vital to my provision included in the conference something about States that start with State of Nebraska, as they are in agreement that deals with education the letter M. But we have heard a great States throughout our country. I hear on a very controversial issue. But one deal from the other side of the aisle daily from Nebraskans who are con- which has been worked out between the about how, if we do not proceed on this cerned about the cuts to education House and Senate conferees which al- course, if we do not add in this addi- being considered by Congress. They un- lows the District of Columbia, if they tional $3 billion-plus into—I guess it derstand the serious budget consider- so desire, to have a very small voucher may be more than that—education, ations with which we are faced. How- program for the purposes of allowing that all sorts of disaster and plague ever, they urge us to set our priorities kids to have an option of the school will occur with the educational system in much the same way they prioritize that they will attend. It is done in a of the United States. their own budgets, and to secure our way that is only a local decision. It is One must ask the question, how can future by investing in our youth. not anything which has been charac- that sort of representation be made in To those who argue that money will terized on the other side as shoving it light of the history of the educational not solve our schools’ problems, I will down the throats of the people of DC. experience over the last 15 to 20 years? counter that we should put real money So I urge you to keep in mind that We know, I think, as a country because on the line here, not just spare change. we have this responsibility and that we we have seen—and we have had enough It is past time for us to stop wishing are now over halfway through the experience with it now over the last 15 our schools get better and start doing school year. If we do not do something to 20 years—that putting more into something about it. We are losing too quickly, we will lose the whole school education is not necessarily the way to many of our young people of all eco- year. In fact, we will be into the next resolve the underlying problem in edu- nomic backgrounds to drugs, despair, school year as far as planning goes and cation. Yet, there is no question that and underachievement. We must be the inability to really enact anything more money in some instances signifi- willing to invest in education just as which will help those kids. cantly improves education. Take, for we have been willing to invest in our So I urge you to use compassion and example, title 94–142, the IDA accounts national defense when our Nation’s se- express it today in the vote for the Dis- for handicapped disability education. curity has been at stake, because in a trict of Columbia in order for those Yes, there is no question, to put more very real sense, our national security young people to get the tremendous ad- money into those accounts would cer- is at stake here. vantages that will occur by virtue of tainly assist us in helping those indi- Mr. President, as is so often the case the reform which is contained in that viduals to be educated. It would take when we are fighting for increased package. Do not deny the city the op- the pressure off our local school sys- funding for discretionary programs portunity to start its education reform tems. Later in the day maybe I will such as these, it is becoming more and over one issue which has become a na- even offer an amendment that will try more difficult to secure the dollars tional symbol, for what reason I do not to address that. necessary to make a difference. I am know because it has nothing to do with But the concept generally of putting convinced that unless we are willing to what would be a federally-imposed more dollars into education will im- commit to reforming our entitlement voucher system on a community, or a prove education is, I think, one that system, we will be unable to ade- State, or the country. has been fundamentally disproved. quately fund vital education programs I urge you, please, when that vote There is study after study. In fact, the such as these. comes up, vote for cloture today. Oth- University of Rochester reviewed some- I urge my colleagues to support the erwise, we are going to find ourselves thing like over 400 different studies and Daschle-Harkin amendment. By doing embroiled in even a greater conflict concluded after looking at those 400 so, we will demonstrate our commit- over the same DC appropriations bill in different studies that there is very lit- ment to our children and their future. the large omnibus appropriations bill tle correlation between the significant

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1807 increase in dollars spent on education age this country in a much more effi- problem and not being willing to ad- and the improvement in education. cient way, which begs the fundamental dress that problem or wishing to use If we look at the academic perform- question of, who is going to pay for all the politics of fear and scare tactics ance of our students over the last 10 to this that is being spent? Who is going against senior citizens in alleging that 15 years, where we have seen a signifi- to pay for all these additional dollars any proposal to address fundamentally cant decline in our students’ ability to that are being spent? the improvement in Medicare is a pro- score well in internationally evaluated I would be willing to consider the posal to undermine the quality of exams, especially in the math-science amendment brought forward by the Medicare. It is totally inappropriate area, while at the same time we have Senator from South Dakota, the Demo- for the administration and the other seen a significant increase in dollars in cratic leader, if he and his party and side of the aisle to say that. education, I think we must conclude his President at the same time had the So where are the proposals from the that there is very little direct correla- responsibility to come forward and say, other side which would bring under tion between the amount of money you well, we are going to pay for this by control that function of the Federal spend and the type of education you controlling those discretionary ac- Government which is going up at such get. Yes, there is a correlation, but it counts in the Federal Government a rate that it is leading the Nation into is not a formula that says 1 equals 1— which are driving us into these tight bankruptcy and is forcing us to have to for every new dollar you spend in edu- fiscal times. I would be willing to con- limit our capacity to put funds into cation you get an equal increase in sider it under those terms. But we hear those accounts which many of us feel quality. In fact, the formula for in- nothing from the other side. In fact, we we might like to do such as special creasing and improving education is have heard a rejection from the other education in the area of IDA, 94–142, or much more complex than that, and it side of any attempt to try to bring chapter 1, which is also a good pro- involves, I think, primarily maintain- under control those functions of the gram. Where is the other side in coming individual and parental involve- Federal Government, specifically the ing forward with proposals on the enti- ment in education, maintaining local entitlement programs, which are forc- tlement accounts, because until they control over education, especially at ing us to contract our ability to spend come forward with proposals on the en- the principal level and at the teacher moneys in the area of education that titlement accounts, they have no credi- level, with parent input, and allowing we might otherwise wish to spend. In bility on this issue. the school systems to have an activist fact, the irresponsibility of the other When they bring forward an amend- approach from the community rather side is so excessive now that you have ment which simply says spend the than have them told how to educate the President of the United States, money and uses some fallacious offsets, their children by either the State gov- having once agreed to welfare reform, when they bring forward such an ernment or the Federal Government. which is one of the core entitlements amendment and at the same time fail Buried within this amendment is the which we should be getting under con- consistently to address the underlying funding, of course, for Goals 2000, trol, now rejecting a plan which was problem which is driving the fact that which takes us in exactly the opposite passed out of this Congress, this House we do not have the resources necessary direction from local control, the basic of the Congress by 87 votes in favor of to address accounts which we think are theory of Goals 2000 being that there it. While the President at the same appropriate in the discretionary side of should be a national agenda, a national time has claimed that this was going the budget because of the rate of curriculum in fact designed to control to be the essence of his Presidency, or growth of entitlements, then they have the manner in which local education is an essence of his Presidency, that he no credibility. delivered and which as a practical mat- would reform welfare as we know it, That is what I find disingenuous in ter would probably be the most single change it fundamentally, now he has the arguments from the Senators from debilitating event in the panoply of de- rejected a plan which once he accepted Massachusetts, Minnesota, and Michi- bilitating events that have impacted and which the Senate accepted by an gan because there appears to be no pro- our education system were it carried to 87-vote majority. gram that they are not willing to spend its true goals and fruition, which is ba- Then we have the same administra- more money on, but there appears to sically to have a nationalization of the tion and the leadership on the other be no proposals to bring under control education curriculum in this country. side of the aisle rejecting a plan those programs which are bankrupting So not only do we not necessarily get brought forward by the Governors of this Government and our children’s fu- better education by spending more dol- the States, all 50 Governors in unison, ture, which is what it comes down to as lars in some instances, but in this in- saying let us use this as a way to bring the bottom line, of course. Passing on stance by spending more dollars we get under control this entitlement pro- to our children a finer education is worse education because what we are gram, welfare. They are rejecting that something we all wish to do. There are going to get is more Federal control program. And then when the Governors ways to improve our educational sys- over education and the loss of local came forward as a unified body, all 50 tem, and money does not happen to be control which is, I happen to think, the Governors, Democrats and Repub- the only way to do that. But there are essence of good education. licans, and said let us correct the enti- things we could do here at the Federal But the real core problem here is not tlement program, Medicaid, once again Government level that would obviously the application of these dollars. It is we hear from the other side of the improve our children’s educational sys- the illogic of putting forward the in- aisle, no, we cannot do that because we tem. But passing on to our children a crease in these dollars while at the will be giving up control here in Wash- better education system is going to do same time being unwilling to face up to ington; we will be giving it back to the very little good for them if at the same the underlying threat to our students Governors; we cannot afford to do that time we pass on to them a Nation that which far exceeds anything else that so we are not going to correct that. is bankrupt, where their opportunities they may be threatened by relative to When you have the trustees of the for prosperity are dramatically limited their future which is the deficit of this Medicare trust fund coming forward because their Government was irre- country and the fact that we are pass- and saying, if you continue to spend sponsible and unwilling to address the ing on to the next generation of Ameri- money the way you are spending core problems of expenditures growing cans who are today in school a Nation money today, the Medicare trust fund so fast that they were outstripping the which is fiscally bankrupt. is going to go bankrupt in the year country’s capacity to fund them, such We hear from the other side that, 2002—now it is going to be bankrupt in as the entitlement programs of Medi- well, if we will just put more money the year 2001—trustees who were ap- care, welfare, and Medicaid. into that program and more money, pointed by the President of the United So when the other side comes for- and give me another program and put States who serve in his Cabinet, you ward with these proposals, I think you more money into that program, and have the President of the United States have to take them with a grain of salt. give me another program and put more and the other side of the body walking You have to recognize that this is an money into that program, we will cor- away from that issue as if it does not election year; that they are going to rect all the ills of our society and man- exist, either turning a blind eye to that continue to propose ideas to spend

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1808 CONGRESSIONAL RECORD — SENATE March 12, 1996 money without being accountable until [Rollcall Vote No. 25 Leg.] Campbell Grassley Murkowski Chafee Gregg they feel that they have identified all YEAS—56 Nickles Coats Hatch Pressler constituencies necessary to build the Abraham Faircloth Lugar Cochran Hatfield Roth voting majority. But I hope the Amer- Ashcroft Frist Mack Cohen Helms Santorum ican people will be a little more sophis- Bennett Gorton McCain Coverdell Hutchison Shelby Bond Gramm Craig Inhofe ticated; that they will understand this McConnell Simpson Bradley Grams Murkowski D’Amato Jeffords Smith Breaux Grassley DeWine Kassebaum issue is about how you make the Fed- Nickles Snowe Brown Gregg Dole Kempthorne eral Government responsible, how you Pressler Specter Burns Hatch Domenici Kyl Roth Stevens pass on to our children not only excel- Byrd Hatfield Faircloth Lott Santorum lent education but a chance for a pros- Campbell Helms Frist Lugar Thomas Shelby perous and fulfilling lifestyle, and that Coats Hutchison Gorton Mack Thompson Simpson Thurmond that second part of the exercise in- Cochran Inhofe Gramm McCain Cohen Jeffords Smith Grams McConnell Warner volves addressing the issues of how this Coverdell Johnston Snowe Government spends its money in the Craig Kassebaum Stevens NAYS—47 entitlement accounts, something about D’Amato Kempthorne Thomas Akaka Feinstein Lieberman Thompson which, unfortunately, the other side of DeWine Kyl Baucus Ford Mikulski Dole Lieberman Thurmond Biden Glenn Moseley-Braun the aisle has decided to bury its head Domenici Lott Warner Bingaman Graham Moynihan in the sand and the President of the Boxer Harkin NAYS—44 Murray United States has decided to join them. Bradley Heflin Nunn I thank the Chair for his courtesy. I Akaka Ford Moseley-Braun Breaux Hollings Pell Baucus Glenn Moynihan Bryan Inouye Pryor note the absence of a quorum. Bumpers Johnston Biden Graham Murray Reid Byrd Kennedy The PRESIDING OFFICER. Will the Bingaman Harkin Nunn Robb Boxer Heflin Conrad Kerrey Senator withhold that suggestion? Pell Rockefeller Bryan Hollings Pryor Daschle Kerry Mr. GREGG. Yes. Dodd Kohl Sarbanes Bumpers Inouye Reid The PRESIDING OFFICER. Does the Dorgan Lautenberg Simon Chafee Kennedy Robb Conrad Kerrey Exon Leahy Wellstone Senator yield the floor? Rockefeller Daschle Kerry Feingold Levin Wyden Mr. GREGG. I withdraw my sugges- Sarbanes Dodd Kohl Simon The PRESIDING OFFICER. On this tion. Dorgan Lautenberg f Exon Leahy Specter vote, the yeas are 53 and the nays are Feingold Levin Wellstone 47. Three-fifths of the Senators duly RECESS Feinstein Mikulski Wyden chosen and sworn not having voted in The PRESIDING OFFICER. Under The PRESIDING OFFICER. On this the affirmative, the motion is rejected. the previous order, the hour of 12:30 vote, the yeas are 56, the nays are 44. Mr. D’AMATO addressed the Chair. having arrived, the Senate will now Three-fifths of the Senators not having The PRESIDING OFFICER. The Sen- stand in recess until 2:15 p.m. today. voted in the affirmative, the motion is ator from New York. Thereupon, at 12:29 p.m., the Senate rejected. Mr. D’AMATO. Mr. President, I ask recessed until 2:15 p.m.; whereupon, the unanimous consent that I might be Senate reassembled when called to f permitted to speak for up to 5 minutes. order by the Presiding Officer [Mr. The PRESIDING OFFICER. Without WHITEWATER DEVELOPMENT objection, it is so ordered. COATS). CORP. AND RELATED MATTERS— Mr. D’AMATO. Mr. President, today f MOTION TO PROCEED we have seen what is the first of prob- DISTRICT OF COLUMBIA APPRO- CLOTURE MOTION ably a number of votes to attempt to PRIATIONS ACT, 1996—CON- The PRESIDING OFFICER. Under curtail the filibuster against moving FERENCE REPORT rule XXII, the clerk will now report the forward with the Whitewater investigation. CLOTURE MOTION motion to invoke cloture on the motion to proceed to Senate Resolution Let us be clear and set the record The PRESIDING OFFICER. The straight. I have offered publicly, and I clerk will report the motion to invoke 227. The legislative clerk read as follows: offer again on the Senate floor, an op- cloture on the conference report to ac- portunity to answer the question of CLOTURE MOTION company H.R. 2546, the DC appropria- whether or not the committee is look- tions bill. We, the undersigned Senators, in according to continue the investigation into The legislative clerk read as follows: ance with the provisions of rule XXII of the the political season and to do so by in- CLOTURE MOTION Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- corporating an indefinite time agree- We, the undersigned Senators, in accord- tion to proceed to Senate Resolution 227, re- ment. I can state, we are willing to ance with the provisions of rule XXII of the garding the Whitewater extension: limit—not that I am happy about it— Standing Rules of the Senate, do hereby Alfonse D’Amato, Trent Lott, Jesse since the setting of arbitrary time lim- move to bring to a close debate on the con- Helms, Phil Gramm, Judd Gregg, Dirk ference report to accompany H.R. 2546, the its, as stated by the former Democratic Kempthorne, Strom Thurmond, Jim D.C. Appropriations bill: majority leader, Senator Mitchell, is a Jeffords, Olympia Snowe, Bob Smith, Bob Dole, Trent Lott, Jesse Helms, Phil mistake. Senator Mitchell came to this Dan Coats, Larry E. Craig, John Gramm, Judd Gregg, Dirk Kempthorne, conclusion to prevent the possibility of Ashcroft, Thad Cochran, Jon Kyl, R. F. Strom Thurmond, Olympia Snow, Bob Bennett. lawyers from stalling and keeping mat- Smith, Dan Coats, Larry E. Craig, John ters from coming forth. However, rec- Ashcroft, Thad Cochran, Jon Kyl, Mark The PRESIDING OFFICER. The ognizing that we are in a unique situa- Hatfield, Robert F. Bennett. question is, Is it the sense of the Sen- tion, this Senator has indicated before VOTE ate that debate be brought to a close? and I indicate publicly now that we The PRESIDING OFFICER. The The yeas and nays were ordered under would be willing to terminate the com- question is, Is it the sense of the Sen- rule XXII. mittee’s work, even if it is not finished, ate that debate on the conference re- The clerk will call the roll. within 4 months. It will take us, I be- port to accompany H.R. 2546 be brought The bill clerk called the roll. lieve, at least that period of time since to a close? The yeas and nays are or- The PRESIDING OFFICER. Are there there is a trial which is taking place dered under rule XXII, and the clerk any other Senators in the Chamber de- right now in Little Rock, AR. There will call the roll. siring to vote? are witnesses who are unavailable to us The legislative clerk called the roll. The yeas and nays resulted—yeas 53, who are testifying there. I believe that The PRESIDING OFFICER. Are there nays 47, as follows: their presence, at least the opportunity any other Senators in the Chamber de- [Rollcall Vote No. 26 Leg.] to attempt to bring them forward, is siring to vote? YEAS—53 important. The yeas and nays resulted—yeas 56, Abraham Bennett Brown Mr. President, let me quote some- nays 44, as follows: Ashcroft Bond Burns thing. Let me read it to you.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1809 No arguments about politics on either side or to either political party or to the just put forward, the 4-month proposal, can outweigh the fact that the White House process. is virtually the equivalent of an indefi- has yet to reveal the full facts about the Once again, I lay forth the oppor- nite time period. I think there needs to land venture, the Clintons’ relationship with tunity to settle this so that we do not be some reasonableness here, and I Mr. McDougal’s banking activities, Hillary Rodham Clinton’s work as a lawyer on have to have speeches and debates and think the reasonableness was reflected Whitewater matters, and the mysterious say that we can conclude the commit- in the proposal put forward by Senator movements of documents between the Rose tee’s work in 4 months. DASCHLE, the minority leader, which Law Firm, various basements and closets, Mr. President, I yield the floor. would have provided that the com- and the Executive Mansion. The committee, Mr. SPECTER addressed the Chair. mittee could continue its work into politics notwithstanding, has earned an in- The PRESIDING OFFICER. The ma- early April and have a month after definite extension. A Democratic filibuster jority manager of the bill is recog- that in order to do its report. against it would be silly stonewalling. nized. Now newspapers across the country That is what we have seen today. Mr. SPECTER. I thank the Chair. are beginning to editorialize about this Every single Democrat came in here Mr. President, I have sought recogni- matter. These are newspapers ‘‘outside and voted to stonewall at the direction tion to outline a second-degree amend- of the beltway’’ raising questions. For of the White House. ment which will be offered—— instance, the Tulsa paper says: Let us not make any mistakes about Mr. DODD. Will my colleague yield How far must taxpayers go? How much who is calling the shots here. It is the at this point? Can we get 5 minutes to must they pay to keep this charade going? White House. Now, that is not a state- respond, on this matter that has been The vote in the Senate to extend the inves- ment in terms of the stonewalling or raised for the purpose of debate, for the tigation probably will be along party lines. If being silly. That is a quote from the it does, the extra $650,000 should come from ranking minority member, appropriate the coffers of the Republican party, not from New York Times—the New York to give him a chance to respond to Sen- the taxpayers. It is the Republicans, not the Times. They are certainly not an organ ator D’AMATO? taxpayers, who stand to benefit. The White- or a mouthpiece of the Republican Mr. SPECTER. I would yield for that water probe is shaping up to be the longest, Party. purpose on a unanimous-consent re- most costly fishing trip in American history. Let me quote today’s Washington quest that when the response is con- These are not my words. I am now Post—today’s Washington Post: cluded I be recognized. quoting what is being said out across Lawmakers and the public have a legiti- The PRESIDING OFFICER. Without the country. Of course, what that does, mate interest in getting answers to the objection, it is so ordered. The Senator it substantiates the observation I made many questions that prompted the investiga- from Maryland is recognized for 5 min- that if this thing is prolonged through tion in the first place and those that have utes. the election year, it will be increas- been raised in the course of it by the conduct Mr. SARBANES. I thank the Chair. ingly perceived as a political endeavor of many administration witnesses . . . If Mr. President, I am going to be very and it will lose its credibility as a con- Democrats think that stalling or stonewalling will make Whitewater go away, brief. sequence, or even further lose its credi- they are badly mistaken. The probe is not It would be expected that the asser- bility. over, whether they try to call it off or not. tions would be made that have just The Milwaukee paper said: Now, that is the Washington Post been made. The fact is that Senator Last week, Senator Moseley-Braun asked a today, certainly not a mouthpiece of DASCHLE offered a perfectly reasonable good question of Senator D’Amato, chairman proposal with respect to this inquiry of the Senate committee that is inves- the Republican Party. tigating the Whitewater affair. Could these Let me read to you from the current dealing with Whitewater, and that was to provide an extension into early hearings, she asked wearily, go on into per- issue of Time magazine, just a small petuity? Although D’Amato was really at a April. The inquiry was supposed to end part. loss for words, he could not provide a satis- at the end of February. That was pro- The question of whether specific laws were factory answer to that question, but some- broken should not obscure the broader issue vided for in the resolution which the body should. that makes Whitewater an important story. Senate passed. The reason that was They then go on to make the point How Bill and Hillary Clinton handled what done was in order to keep this inquiry that this thing has been dragged on was their single largest investment says out of the election year so it would not long enough. much about their character and integrity. It be subject to a public perception that The Sacramento Bee headline said, shows how they reacted to power, both in it was being carried on for political ‘‘Enough of Whitewater.’’ their quest for it and their wielding of it. It reasons. Senator Alfonse D’Amato, the chairman of shows their willingness to hold themselves Now, that concern paralleled a con- the Senate Whitewater Committee and to the same standards everyone else must— cern that was expressed by the Repub- chairman of Senator Bob Dole’s Presidential whether in meeting a bank’s conditions for a campaign in New York, wants to extend his loan, taking responsibility for their savings, lican leader, Senator DOLE, in 1987, hearings indefinitely, at least one presumes investments and taxes, or cooperating with when the Iran-Contra inquiry was un- until after the November elections. In this Federal regulators. Perhaps most important, dertaken. That was in a Congress con- case, the Democrats have the best of the ar- it shows whether they have spoken the truth trolled by Democrats. It was an inquiry gument by a country mile. With every pass- on a subject of legitimate concern to the into the activities of a Republican ad- ing day, the hearings have looked more like American people. ministration. There were Democrats a fishing expedition in the Dead Sea. That was written by James Stewart, who wanted to carry it on indefinitely Now, Senator DASCHLE, I thought, a Pulitzer Prize winning journalist. Mr. through the election year. Senator made a very accommodating proposal. Stewart has just written a major book, DOLE, at that time the minority leader, There has been nothing back from the ‘‘Blood Sport,’’ about the Clintons’ in- was very insistent that it would have a other side to which one can attach the vestment in Whitewater. fixed timeframe that would keep it out rubric of reasonableness. It seems clear I come right back to the final ques- of the election period. The Democratic to me that as long as they continue to tion: What are my friends afraid of? Senate responded to that and, in effect, press for an indefinite period or some- What is the White House afraid of? agreed that the inquiry would be thing that is virtually equivalent to it, Why are they reluctant to allow the brought to an end in the latter part—in we ought to resist it because it simply committee to conclude its work? What fact, in the fall—of 1987, and later we makes it more transparent that this is are they hiding from the American peo- moved that date up in order to keep it a political exercise. ple? even more out of the election year. Mr. DODD. Will my colleague yield? I believe that the American people Now, Senate Resolution 120 provides Mr. SARBANES. Certainly. have a right to these answers. No that the two leaders should get to- The PRESIDING OFFICER. The Sen- amount of criticism as it relates to gether and discuss any proposal for ex- ator’s time—— what the committee has done to date tending the committee, and I think Mr. DODD. Mr. President, might I will obfuscate the fact that they are that ought to be done. ask unanimous consent for 2 additional continuing to stonewall. It is not silly. The proposal before us is for an in- minutes? It is incorrigible. It is wrong. And it definite time period. The proposal The PRESIDING OFFICER. Without does not bring credit to this institution which my colleague from New York has objection, it is so ordered.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1810 CONGRESSIONAL RECORD — SENATE March 12, 1996 Mr. DODD. Mr. President, I will seek and resolve this matter so we can get that they have to pay for—another the floor in my own right. I wish to the work done and not allow it to spill high priority also second to none. just make a comment here in respond- over into the campaign. These are very top priorities. ing to the suggestion of our colleague I thank my colleague from Pennsyl- What we are submitting is an amend- from New York that the Democrats vania for providing us some time. ment in the second degree which will here voted against an open-ended The PRESIDING OFFICER. Who provide additional funding for edu- $600,000 appropriation hearing process yields time? cation, Head Start and job-related because of the White House pulling Mr. SPECTER addressed the Chair. issues. strings. No one suggested that our Re- The PRESIDING OFFICER. The ma- We have heard from many, many publican friends who voted unani- jority manager of the bill is recog- mayors and many, many commis- mously to continue this were somehow nized. sioners in local government. A com- having strings pulled at all, nor would Mr. SPECTER. I thank the Chair. ment was made this morning about I make that suggestion. Mr. President, as I had started to say summer jobs being a very important But certainly the fact that at this earlier before yielding to my distin- anticrime program, which is widely juncture we find ourselves in a stale- guished friend from Connecticut, I did recognized, not really disputed at all. mate ought to suggest, particularly not know he was going to mention This amendment would add $635 mil- when you consider it was only a few Ruby Ridge, or I might not have yield- lion for Summer Youth Employment short months ago that this body voted ed to him. What is wrong with Ruby Programs in the Department of Labor, almost unanimously for these hearings Ridge? a high priority item. to be conducted—this was not a par- Mr. DODD. I just say to my col- We are adding $333 million in addi- tisan issue. As in most cases, it was bi- league, I think there is a value in hav- tional funds for the Dislocated Worker partisan to get this underway. It was ing those hearings. My colleague did a Retraining Program, which brings the almost unanimous, I believe. good job. My point is, if you do it to total to $1.2 billion, a very, very impor- Mr. SARBANES. Ninety-six to three. the exclusion of other hearings, then it tant item in an era where there is so Mr. DODD. Ninety-six to three, in seems to me we are off on the wrong much downsizing, where we have seen fact, for the resolution to terminate track. My colleague did a good job. so many layoffs, we have seen so much the hearings, to call for the termi- Mr. SPECTER. I thank my colleague anxiety in America, and people in the nation on February 29. It is unfortu- for that comment. prime of their working lives losing their jobs which they have held for 10, nate we have come to this where you f have a request unprecedented in the 15, 20, 30 years but still with many good BALANCED BUDGET annals of Congress—unprecedented, Mr. years ahead of them. So the Dislocated DOWNPAYMENT ACT, II President—for an open-ended hearing Worker Retraining Program will have with an additional $600,000. That brings The Senate continued with the con- that additional funding which also im- the pricetag of this investigation to in sideration of the bill. pacts upon base closures, something excess of $30 million in this country. Mr. SPECTER. Mr. President, as I which is very important to my State That is the reason people are upset, said, I had sought recognition to talk and very important all over the coun- frankly, that kind of open-ended appro- about a second-degree amendment, try. We are adding $182 million in addi- priation, no end in sight and, of course, which shortly will be offered on behalf tional funds for the School-to-Work no substantiation of any unethical or of myself and Senator HARKIN, which Program jointly administered by the illegal behavior. When you add that to has been crafted very carefully after Departments of Labor and Education. the fact that we have had virtually no very, very extensive discussions among This brings the School-to-Work Pro- hearings occurring on major issues af- many parties. I thank the distinguished chairman of the committee, gram to a total of $372 million. fecting people’s lives in this country, We are adding $137 million to restore and I thank the distinguished chair- like Medicare, Medicaid—we are going fully the Head Start Program for the man of the Budget Committee, Senator to have an extensive debate on edu- 1995 level. We will be adding $60 million DOMENICI, for his cooperation. I cation today; we are going to be cut- in additional funds for the Goals 2000 thought we might save some time by ting $3 billion in education programs— program, bringing the total in the bill talking about the amendment for a few there were hardly three or four hear- to $350 million. This is a matter which minutes while some final language ings on all of education, as the Pre- has produced some controversy, but I change is being incorporated to accom- siding Officer knows. think that ultimately we may be in a Yet, we had 50 hearings on White modate some concerns which have aris- position to eliminate strings so that we water and 10 or 12 hearings on Waco en. do not have the objection of too much and Ruby Ridge and almost none on There had been extensive discussion Federal intervention and too much education, none on Medicare, none on yesterday and today—I did not hear it Federal control. health, and you want to know why peo- yesterday because I was traveling in I personally believe that education ple are angry? That is why they are my home State of Pennsylvania—but I ought to be left to the local level, but angry in this country. heard the discussion this morning the idea of standards and goals is one We spoke up and said, ‘‘Look, 5 about the need for education. I think which has great merit. Those standards weeks, $185,000.’’ That is plenty of time there is a consensus in America about and goals can be figured out at the to complete this process. We are not the importance of education, about the local level; they do not need to come saying stop it today. We are saying priority of education and about our from Washington. take another 5 weeks and wrap up the doing everything we possibly can to The Secretary of Education has testi- business of this committee. That is a stretch Federal dollars as far as we can fied of his willingness on behalf of the reasonable, reasonable proposal, and I along the education line. I know that is administration to give up some of the think it is regrettable we have a posi- something the distinguished Presiding bureaucracy and some of the councils. tion taken of 4 months now which Officer, the Senator from Vermont, Last September, the subcommittee had takes us virtually into September— feels very strongly about. a hearing on Goals 2000, where we lis- when we eliminate the August recess— What we have done is structured an tened to people who were opposed to September, October, a handful of days amendment with offsets, where we pre- the program and might even be able to before the election. serve the balanced budget so that we strike an accommodation of the dis- It is patently political. It is so trans- do not encumber future generations parate points of view by eliminating parently political that an infant can with more deficit spending. The some of the Federal strings. Perhaps if see through it, and most of the Amer- amendment, while raising funds for the States do not wish to take Goals ican people have. That is why we object education, job training, and head start, 2000 money, as some have so stated, to this request of an open-ended pro- which is a very high priority, obvi- that the funds might go directly to the posal with $600,000. I hope that the ma- ously, second to none—but it also is local level. jority Members, at least some of them, offset so as not to encumber future We will be adding $814.5 billion in ad- will step forward and offer to sit down generations with our spending money ditional funds for title I Compensatory

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1811 Education for the Disadvantaged Pro- AMENDMENT NO. 3473 TO AMENDMENT NO. 3467 got to see. I missed the last game be- gram, bringing the total to $7.3 billion. (Purpose: To revise provisions with respect cause I was not there for it, but it is This is a very, very healthy, substan- to the Departments of Labor, Health and my alma mater, West Des Moines tial contribution to that very impor- Human Services, and Education) Dowling girls, who won the State tant program. Mr. SPECTER. Mr. President, on be- championship in class 4A. half of Senator HARKIN and myself, I We will add $200 million to the Drug So I just want to say to all the teams send this second-degree amendment to Free Schools Program, bringing the that competed in the tournament, con- the desk. total in the bill to $400 million. We gratulations on your accomplishments, The PRESIDING OFFICER. The would have liked more, but that is a and to the winners, congratulations on clerk will report. very substantial increase. winning. The bill clerk read as follows: I might add, this week the best high And $10 million in additional funds The Senator from Pennsylvania [Mr. SPEC- school boys basketball teams make has been added for the educational TER] for himself and Mr. HARKIN, proposes their annual trek to Des Moines for the technology program, bringing the total amendment numbered 3473 to Amendment final winner tournaments for the boys in the bill to $35 million; $82.5 million No. 3467. basketball games. So, again, there is a in additional funds for vocational edu- Mr. SPECTER. Mr. President, I ask lot of anxiety in the State right now cational basic grants, bringing the unanimous consent that further read- about who is going to win and who is total in back to last year’s level. ing of the amendment be dispensed going to lose. If the Chair will indulge me for one with. But I must say, Mr. President, the moment, I have an additional item The PRESIDING OFFICER. Without anxiety extends well beyond the gym- which I would like to comment upon. objection, it is so ordered. nasium. In school after school in Iowa (The text of the amendment is print- We have added an additional $32 mil- and across this country, school admin- ed in today’s RECORD under ‘‘Amend- lion in State student incentive grants istrators and school boards are wor- ments Submitted.’’) rying about which teachers will lose program and with respect to the Per- Mr. SPECTER. A summary has been kins loans, an additional $58 million their jobs and which students will not given. I now yield to my distinguished get title I reading assistance. They are has been added, bringing the total to colleague from Iowa. $158 million. We have worked this out contemplating what vocational edu- Mr. HARKIN addressed the Chair. cation activities will go by the wayside as we have proceeded to try to get all The PRESIDING OFFICER. The mi- of these items in order, Mr. President. and how to deal with the cuts for the nority manager is recognized. safe and drug-free schools program. We have offsets which we have Mr. HARKIN. I again want to express The list goes on. In January, I worked out for some $1.3 billion in the my appreciation to Senator SPECTER worked as a title I teacher at Johnson sale of the U.S. Enrichment Corpora- for his leadership in this area and for Elementary School in Cedar Rapids. I tion, and $92 million from the sale of working not only with me personally learned firsthand the value of title I, oil from the strategic petroleum re- but our staffs working very closely to- and my concern about the cuts were serve oil, $616 million from the FAA re- gether to craft this amendment. heightened. scission, $159 million from unobligated This really does bring us to the Late last month this article appeared balances in the Pell grant program, point—maybe it is not all of what in the Cedar Rapids Gazette: ‘‘6 $166 million of unused budget authority every one of us wants. I mean, we never Schools to Lose Remedial Reading: in left in the committee allocation, get that around here, but at least it Cedar Rapids District Sites Expected $200 million in year-round youth train- fills the need for getting the money out $350,000 Cut in Federal Funds.’’ ing, and $25 million in the unemployed now to the school districts so that they Mr. President, if we do not pass this trust fund, AFDC jobs rescissions. know what to do next year. amendment to that Senator SPECTER I want to thank my distinguished For summer youth, there are all the and I have joined on, if we do not pass colleague, Senator HARKIN, for his co- things that Senator SPECTER spoke this, nine teachers in Cedar Rapids will operation, and thanks especially to the about that we have to get through. We lose their jobs; 350 students who need staff who worked around the clock last have the offsets to pay for it. extra help with reading at six elemen- night, and counsel, for drafting, pro- Again, I want to thank Senator SPEC- tary schools in Cedar Rapids will not ducing this bill, really, at the very last TER for all of his diligent work in this. get it next year. minute. I want to again join Senator SPECTER In Council Bluffs on the other side of in thanking our staffs. I know they the State, five teachers will lose their I think I am in the position now with worked long hours in putting these jobs, 113 fewer students will be helped. the final additions having been made, numbers together and working with Of equal concern is the fact that the Mr. President, to send this bill to the Senator DOMENICI and Senator HAT- district will lose the investment they desk—before doing so, I want to add FIELD and Senator BYRD on our side. So made to train three teachers in reading one addendum. That is that Senator I think it is a well-crafted amendment, recovery, a short-term, intensive, one- HARKIN and I have discussed our agree- and I agree with Senator SPECTER that on-one teaching technique that is ment, having crafted this as carefully it deserves the support from both sides showing great promise of quickly as we have, to try to accommodate of the aisle. bringing first graders up to grade level education, that this accommodates the Mr. President, let me just in way of in reading. total program and if there are any talking about this amendment talk a The Iowa Department of Education other amendments—any Senator can little bit about the past weekend in estimates that across the State 7,300 offer any amendment at any time— Iowa. Right now all of the basketball fewer students will get title I assist- that Senator HARKIN and I are unified tournaments are taking place in the ance and 200 teachers will be laid off if in opposing any additional amend- State. There is a lot of anxiety about this amendment is not adopted. ments. who is going to win and who is going to This scenario will be repeated in It is always easy to add money, lose. I would like to deviate a little bit, every State and school district across which we would all like to do, but if I could, from the debate on this the country. Secretary Riley estimates without offsets it is impossible to do. amendment, just for a moment, Mr. that 40,000 teachers will be laid off na- And we have added as much as we President, to recognize the newly tionwide as a result of the $1.1 billion think can be done. So that our agree- crowned State champions in what we cut in title I. ment is that this is an excellent appro- call the premier high school tour- Mr. President, the sixth national priations bill for education, and we are nament in Iowa, the annual Girls State education goal calls upon us to ensure going to stand behind it. And that is it. Basketball Championships. Winfield- that by the turn of the century every If any additional amendments are of- Mount Union in class 1A, Sibley- adult American will be literate and fered, Senator HARKIN and I are unified Ocheyedan in class 2A—I saw that; it will possess the knowledge and skills in our determination to reject them be- was a great game—Carroll in class 3A, necessary to compete in the global cause this is a comprehensive bill. and that was also a great game that I economy. But the deep cuts in job

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1812 CONGRESSIONAL RECORD — SENATE March 12, 1996 training programs will not lead us to- teresting letter here from a business future and your future that you are playing ward this goal. It signals a fast retreat. owner in Carroll, IA, Mr. Tom Farner, with. Thank you for your consideration. Next year, without this amendment, of the Farner-Bocken Co. It is inter- Sincerely, funding for dislocated worker training esting what he said: MARY ANN BRINCKS. will be cut by 29 percent, and summer It has come to our attention that the Fed- KATHY BEHRENS jobs for youth is totally eliminated. eral Government is planning to cut title I Carroll, IA, February 20, 1996. These cuts could not come at a worse Reading Program by 17 percent. We feel this DEAR SENATOR HARKIN: I am writing to you time. You can hardly pick up a news- will hurt the quality of our labor force not in regards to the proposed funding cuts to paper or turn on the evening news only for the State of Iowa but in the Carroll the Title 1 Program. As a Title 1 teacher, I without seeing yet another story about region. Our business does not require a lot of personally witness the value of this program worker dislocations caused by skill but it does demand for our employees to and I encourage you to vote against the probe able to read picking labels and invoices. downsizing. posed cuts. Mr. President, I ask unanimous con- In our Title 1 program students are given Last year, Federal JTPA funds as- individual, small-group instruction. These sisted 105 workers who lost their jobs sent this letter from Mr. Tom Farner are the kinds that would fall through the at Tyson Foods in LeMars, IA, and 85 be printed in the RECORD, along with cracks if not given the extra reading instruc- individuals formerly employed by MCI other pertinent correspondence from tion with a reading specialist. So many of in Sergeant Bluff, IA. The planned cuts Iowa constituents. these kids’ parents are ‘‘too busy’’ to spend in retraining for dislocated workers There being no objection, the mate- the extra time at home. means next year 300 fewer Iowans will rial was ordered to be printed in the I realize that Title 1 funds are under question as to whether or not the funds are being RECORD, as follows: benefit from such assistance. used properly. I can tell you that in our However, the number of worker dis- FARNER-BOCKEN CO., school district the Title 1 program is using locations has not abated in my State. Carroll, IA. the funds very wisely. We have six teachers FDL Foods has announced layoffs in SENATOR HARKIN, who serve approximately 190 students at 5 Dubuque and Eveready Battery is clos- U.S. Senate, buildings. If the proposed cuts were to take ing its plant in Red Oak, IA. Unfortu- Washington, DC. effect, 60 students would not receive the help nately, with cuts of this magnitude in DEAR SENATOR HARKIN: It has come to our they need. job training, many of these people will attention that the Federal Government is I sincerely believe that this proposed cut planning to cut the Title I Reading Program not get the assistance they need. would turn a nation of readers into a society 17%. We feel this will hurt the quality of our of illiterate children. Please vote ‘‘no’’ for Mr. President, the bill before the Labor Force not only for the State of Iowa the proposed budget cuts! Senate restores many of these cuts, but but in the Carroll region. Our business does Sincerely, only if we pass some other bill in the not require a lot of skill but it does demand KATHY BEHRENS. future to pay for them. That is the unfor our employees to be able to read picking derlying bill. That is a mistake. labels and invoices. LINDA WETTER, Schools cannot budget based on a con- Our company is a part of a food buying Floyd, IA, February 26, 1996. tingency. School districts need to group called Pocahontas Foods with compa- TOM HARKIN, know now what they will receive next nies all over the United States. I just at- Hart Senate Office Building, Washington, DC. fall. In Iowa, the final deadline for tended a show in Colorado Springs where the owners of the companies got together to dis- DEAR MR. HARKIN: I am writing in regard making decisions on teacher hires is cuss issues and problems that we face in our to the government plan to cut funding for April 30, but many districts are already industry. One of the main problems talked the Title 1 program for our schools. making those decisions. Without a firm about was the percentage of errors on orders As a parent of a son with a learning dis- commitment now, across the country that are delivered to customers. They were ability, I have learned over the past five thousands of teachers will get the pink discussing that their percentage rate was years how important this program is. My slip for next year. around 70–75% and that 80% was great. Our son, with the help of this program is finally Mr. President, we should pay for this companies percentage rate is between 80– gaining the confidence to reach out and set his goals high—not to accept this disability up front, not based on some contin- 85%. This demands the skills of people to read labels, invoices, etc. as a life sentence, but to overcome it. gency that might happen, but pay for Reading is a very essential tool for people I have spent years telling my son that this it now. That is what this compromise to survive in today’s fast growing world and learning disability is not his fault—that ev- bipartisan amendment does that Sen- economy. Let’s not jeopardize our children’s eryone learns differently and that the extra ator SPECTER and I are introducing. future by cutting back on Title I. help he needs is available to him. Please do not let him or his future or our Again, Senator SPECTER and our staffs Please vote no to cutting back Title I. countries future down. There MUST be an- have worked long and hard to craft this Sincerely, other place to make a cut back. TOM FARNER. compromise. It is certainly not every- Remember—a learning disability does not thing that I would like or anyone else discriminate—it could affect your family would like, but it is a giant leap from CARROLL, IA too—a son, a daughter or maybe a grand- where we are. The offsets were difficult February 26, 1996. child. to come by this late in the fiscal year, Senator Tom Harkin, Please reconsider and keep my son’s future U.S. Senate, bright. Do not add to his burden. His future but we did it. I wish we could do more, Washington, DC. but I believe this is an honest and rea- is in your hands. DEAR SENATOR HARKIN: It has come to our Thank you for your time. Your help in this sonable effort to avoid devastating cuts attention that the Federal Government is matter is greatly appreciated. in education and job training. I urge all planning to cut the Title I reading program Sincerely, of my colleagues to support it. by 17%. This will mean drastic cuts in our LINDA WETTER. Mr. President, Iowa’s schools stand local program. This also means a reduction to lose almost $12 million in education of teachers, not as many students in need of CLINTON, IA, funds next year. Title I will fall by $8.6 reading assistance will be served. To me, this February 25, 1996. million. These cuts would be dev- makes no sense. Why cut back on education Senator TOM HARKIN, when Title I has a proven track record? What astating to my State. Those are not Des Moines, IA. will this mean for our students? I am a sec- DEAR SENATOR HARKIN: I am writing this my words. In a February 27 news arti- ond grade teacher in a Catholic School near letter as a concerned parent and teacher, re- cle announcing the plan to cut title I Carroll. I also have a son in the Title I pro- garding the cuts in Title I funding. I cannot from Cedar Rapids’ Van Buren School, gram. I see the benefits on both sides, as a believe that the government would even con- this is what the school’s principal, parent and a teacher. These teachers are so sider cutting the funds of such a beneficial Mary Lehner, had to say: ‘‘It’s just very good at what they do; each student is program. going to be devastating for kids. I am made to feel a success! Why make these chil- As a Reading Recovery Title I Teacher, I very concerned about those students dren pay for these cutbacks? Because, ulti- believe that many disadvantaged children mately, that is what will happen. If they do would not make it in the regular classroom who need the extra help with those not get the help they need when they’re without the support of the Title I teacher. I reading skills.’’ young, you will be investing in them in the can think of one family in particular that I These concerns are not only being ex- future in welfare and other government pro- have dealt with personally. One brother is in pressed by school officials but by busi- grams. Please, save yourself the money now third grade and did not receive the benefits ness owners. Mr. President, I got an in- and do not cut back on education. It is our of Title I in the early grades. Now as a third

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1813 grader, he is being tested for special edu- of students we have in the past. It will be un- anced budget principle. As Senator cation. I am serving his first grade brother fortunate if some students in need of reading HARKIN has pointed out, people now in in my Reading Recovery program and can assistance could not be served due to lack of school districts know what they can do see that he is making tremendous gains— funding. We, as educators, are very aware of by way of planning if this finally be- he’s reading. I believe that the Title I pro- the importance of having employees in your gram has saved him from special education, business with good reading skills. We believe comes law. and will help him to live a better life. How our program can help accomplish that. I ask for the yeas and nays on the many other lives has Title I changed? As a business person in this community, amendment. I know I speak for many parents and we are asking you to send a short note to the The PRESIDING OFFICER. Is there a teachers when I say that we would really ap- legislators who represent you. You might sufficient second? preciate your support in seeing that the want to mention how Title I can benefit your There is a sufficient second. funding is not cut for the Title I program. business and your concern about what will The yeas and nays were ordered. Sincerely, happen if such drastic funding cuts occur. Ms. MOSELEY-BRAUN. Mr. Presi- The legislators and their addresses are: CYNTHIA S. CRAMER, dent, the need to balance the Federal Title I Teacher. Senator Harkin, U.S. Senate, Washington, budget must be driven by more than D.C. 20515 Senator HARKIN, just numbers; it must also reflect Senator Grassley, U.S. Senate, Washington U.S. Senate, Washington, DC. sound priorities. Our budget must not D.C. 20515 DEAR SENATOR HARKIN: It has come to my only be fiscally responsible; it must attention that the Federal Government is Rep. Tom Latham, House of Representatives, also reflect the priorities of the Amer- Washington, D.C. 20515 planning to reduce the Title I reading pro- ican people. gram funds. As a mother of a student who Thank you for your efforts in this matter. A survey conducted in January found has participated in this program in 1995, I am Unless we voice our opinions, this funding asking you to please reconsider this action. cut will be passed. We are sure that you feel that 82 percent of Americans oppose This intervention program in 1st grade has as we do—Our children and their futures are cutting education spending. helped my child considerably with his read- very important! A different poll in January found ing capabilities. Because of the program, he Sincerely, that 67 percent of voters rank the qual- is able to keep up in his current class with- TITLE I STAFF. ity of education in public schools as out continued help. I know the program gave Mr. HARKIN. Mr. President, it is not their top priority. him a positive attitude toward school and Last year, 75 percent of Americans has helped his self esteem. With a good start just the teachers who are saying this, in the early years, all children will benefit but business people say they need peo- polled said that aid to education should tremendously in the future. Our children are ple who can read. Although they may be expanded. the future! not need highly skilled people, at least Unfortunately, the omnibus appro- Please reconsider the cut in funds for the they have to be able to read and under- priations bill before us today does not Title I reading program. It has been a valu- stand. reflect these priorities. It makes more able asset to our son and to our school. Mr. President, our amendment will than $3 billion in Federal education Sincerely, provide the offsets to pay for the in- and job-training programs—programs LOIS M. BEHRENS, that provide opportunities for Amer- Mother. creases in education and training pro- JOHN E. BEHRENS, grams recommended by title IV of this ica’s children and students—contingent Father. legislation. Again, we believe we have on a future budget agreement. The bill to provide for these now, not at some essentially says to our children and RENEE GENTER, possible point in the future, as is in the students: Your education will be a pri- Carroll, IA, February 21, 1996. underlying bill. The last thing we need ority later—maybe. DEAR SENATOR HARKIN: My name is Renee to do is get mired down in the same old The Daschle-Harkin amendment Genter and I am the mother of a title one doesn’t wait—because today’s children reading student. Recently I was informed the stuff that has already shut down the Federal Government is planning to cut back Government twice before. will grow up regardless of whether or 17% of our local schools reading program, I urge my colleagues to support this not there is a budget agreement, and which is very upsetting to my husband and I. amendment, to match the desire to tomorrow’s economy will not be any We are the parents of four wonderful little avert the education cuts with the re- kinder to them if there is not. boys who unfortunately have problems with sources to make sure the cuts will not It is easy to understand why so many reading. Our oldest child who is eight years happen. We need to make sure that the Americans make the quality of edu- old has struggled with reading since he start- add-ons are paid for now so that teach- cation one of their top priorities. Edu- ed school. About two years ago we were in- cation is related in a positive way to troduced to the title one reading program ers will not lose their jobs, children and it has been a life saver to our son. At one will continue to get title I services, and almost every index of domestic and so- point he was feeling different from the other workers will get the training assist- cial well-being. children in his class and now he is able to ance they need to remain competitive. The average earnings of a college read in the same level as his classmates, In closing, Mr. President, I want to graduate are 75 percent higher than which has done wonders for his self-esteem. thank Senator SPECTER for his work in those of someone with only a high Knowing that some of our other children will this area and thank our staffs for put- school education, and 150 percent high- have the same problems and knowing that ting this together. No one likes to er than the earnings of a high school the program may be canceled makes me make cuts, but we have made these off- dropout. wonder what are we to do about extra help for them. I am writing in hopes that the Gov- sets, and I believe the offsets are good Sixty-two percent of small children ernment will change its plans for cutting and the money will go to all of the whose parents have not completed high back on such a great program. I know I am things that Senator SPECTER men- school live in poverty. By contrast, not alone on these feelings. Parents and our tioned: Summer youth employment only 4 percent who have at least one school programs are our only help for our program, dislocated workers, school to parent with a high school diploma live children and their children. Thank you for work, Head Start, Goals 2000, of course in poverty. taking the time to read my letter. I hope we title I, which I talked a lot about, More than 80 percent of prison in- can make a difference. Our children are de- drug-free schools, educational tech- mates are high school dropouts. pending on us. The American people place such a Sincerely, nology, Perkins loan and SSIG for RENEE GENTER. higher education. high priority on education because edu- Mr. President, I ask unanimous con- cation is an essential investment in CARROLL COMMUNITY SCHOOL DISTRICT, sent that Senator WELLSTONE be added our future. A quality education has al- Carroll, IA, February 13, 1996. as a cosponsor of this amendment. ways opened the door to the American DEAR BUSINESS LEADER(S): It has come to The PRESIDING OFFICER. Without dream—the chance to achieve as much our attention that the Federal Government objection, it is so ordered. as your ability, talent, and brains will is planning to cut the Title I reading pro- Mr. SPECTER. Mr. President, I take you. gram 17%. This will mean drastic cutbacks in our local program, both in the public and thank my distinguished colleague from Education is much more than a pri- parochial schools. The equivalent of two Iowa for his comments. I believe this is vate benefit to individual students. teachers may need to be cut, which will a well-crafted bill that accommodates Education funding is an investment in mean we will not be able to serve the number education while maintaining the bal- America. Quality education affects the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1814 CONGRESSIONAL RECORD — SENATE March 12, 1996 entire community, and it is as much a publican addbacks, do not depend on the global economy, improving our part of our national defense as any future contingencies at an unspecified education performance and investing in missile system. As Laura Tyson said, a time in the future of a congressional- education should be top U.S. priorities. country’s people are its most precious Presidential agreement on an overall Unfortunately this amendment does resource. budget. This will allow schools, now in not increase funding for education. But Yet, under this bill, if the contin- the process of planning their budgets it does provide at least level funding gency funds do not become available, for next year, to know the funding for education. the bill: level for which they can budget. Mrs. MURRAY. Mr. President, I rise Cuts the Safe and Drug-Free Schools The amendment represents addbacks in support of the Daschle-Harkin Program—which helps to provide a safe that both parties agree to: $151 million amendment restoring funds cut from environment conducive to learning—by for education reform; $1,279 million for education. This amendment stands for almost 60 percent; title 1; $208 million for school improve- something; it stands for a continuing Cuts the Title I Program—which pro- ment programs; $82 million for adult commitment to learning for all Ameri- vides basic assistance to low-income and vocational education; and $10 mil- cans. children and school districts—by 10 lion for education research and statis- One program the amendment would percent; tics. This will provide funds for Goals restore is the School-to-Work Program. Cuts Goals 2000—which helps fund in- 2000; title 1; safe and drug-free schools; I would like to tell you how this pro- novative, locally driven efforts to raise charter schools; vocational and adult gram has helped one student in my the quality of education—by 22 per- education; education technology; Head State to turn her life around and avoid cent. Start; dislocated workers; adult train- the effects of violence. The bill also targets programs that ing; school-to-work; summer jobs for Mr. President, we all hear about the make it possible for more Americans to youth; and one-stop career centers. epidemic of violence in America. The afford a higher education. Without the The Harkin amendment would main- people most affected by this epidemic, contingency funds, the bill cuts the tain the fiscal year 1995 level of $18.4 and the people who sometimes end up Pell Grant Program by 6 percent, the billion for Department of Education contributing to the problem, are our Perkins loans by 37 percent, and the funding except Pell grants, and funds young people. Too frequently, a young State student incentive grants by 50 for Pell grants, including the fiscal American’s world of love, tenderness, percent. year 1995 surplus carried forward to fis- and growth is replaced by a world of The cost of college has risen more cal year 1996, would also remain level. hate, abuse, and death. than 230 percent in the last 15 years. This amendment maintains fiscal The homicide death rate in Wash- ington State has more than doubled Yet, according to the Department of year 1995 levels of funding for edu- since 1970, for children between 15 and Labor by the year 2000, 52 percent of all cation by identifying offsets, not by 19 years old. Significant numbers of new jobs will require more than a high adding anything to the deficit. school education. Diminishing access These addbacks support programs younger children are also becoming victims of homicide in recent years. to higher education is not one of the needed by everyone, and especially Juvenile drug and alcohol offenses priorities of the American people, and those in New Mexico. Title 1 supports have declined in my State since 1991, teaching basic reading and math skills it should not be one of the priorities of but were too high to start with. Vio- to disadvantaged students. Every this Congress. lent crimes are on the rise among This bill also cuts billions from pro- school district in New Mexico would be youth, and more young people are grams that provide young people with hurt if these funds are not restored. Al- being incarcerated than ever before. summer employment and job training, buquerque public schools alone would Mr. President, I want to make sure and that help prepare dislocated work- lose almost $2 million if House cuts are we do not misplace the blame for this ers for new careers. Without the con- not restored. epidemic, however. Adults are the ones tingency funds, this bill cuts the JTPA Education reforms funds support capable of making the changes that Program by 25 percent, training for dis- school-industry cooperation in devel- will prevent adult violence and child located workers by 29 percent, and the oping programs that teach students abuse. summer jobs program by 100 percent. going directly to work from school Adults are also capable of preventing Education and job training programs those skills they need to perform a job; youth violence. Young people tell me: are about knowledge, about competi- and Goals 2000 supports professional de- Adults don’t seem to care about them; tiveness, and about being able to adapt velopment and raising standards of lit- they don’t have access to youth activi- to a changing economy. I am reminded eracy to internationally competitive ties; they can’t get summer jobs; of a quote from one American philoso- levels. The grant awards in New Mexico adults don’t set a good example for pher, who wrote: ‘‘In times of change, for these programs have provided great kids; adults don’t encourage positive learners inherit the Earth, while the local control and pride and initial signs behaviors—so young people get atten- learned find themselves beautifully of success. Vivian LaValley of tion by exhibiting bad behavior. equipped to deal with a world that no Bernalillo High School was here last This should not be allowed to happen, longer exists.’’ Thursday describing her School-to- because it has an immediate effect on The Daschle/Harkin amendment re- Work Program and it was very impres- the lives and psyches of our young peo- flects that philosophy by truly putting sive. ple, and a longer term effect on the the $3.1 billion for education and job The need for such Federal support is economy and social fabric of our Na- training back into the budget. sorely felt both by my constituents and tion. Thirty-five percent of the American other leaders across the country. In 2 The good news is: Adults can do people believe that education funding weeks Lou Gerstner of IBM and Gov. something about these problems, and should be Congress’ No. 1 legislative Tommy Thompson of Wisconsin will adults set good examples every day. priority. Let us not let them down—or host the Nation’s Governors and busi- Just being willing to talk with, and lis- the 82 percent who oppose education ness leaders in an education summit to ten to, young people is a great start. cuts period—by failing to enact this discuss the need for education stand- Last week, as part of his ongoing re- amendment. ards and technology. The addbacks pro- sponse to this problem for young peo- Mr. BINGAMAN. Mr. President, I rise vided in this amendment provide ple, the President hosted a White in support of the Harkin education States and communities the resources House Leadership Conference on amendment. This amendment aims to they need to pursue these efforts as Youth, Drug Use, and Violence. He restore funding for the Department of they see fit. brought together people from around Education, and for all education and For the last 6 years the Federal Gov- the country to talk about problems and training to fiscal year 1995 levels. ernment, on a bipartisan basis, has in- solutions for today’s youth. This amendment is fully paid for. It creased funding for education each Mr. President, one of the people in adds back funds to the fiscal year 1996 year. Congress was right to do so. As attendance at the conference was a appropriations with offsets scored by our future depends increasingly on the former high school dropout from Wash- CBO. This amendment, unlike the Re- competitiveness of our work force in ington State, who has turned her life

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1815 around through a program in voca- Vancouver, Spokane, and Tacoma. In ries, and raised dubious questions of tional skills training. every one of these meetings, adults and privilege in order to withhold poten- This young woman is named Jessica young people came out in the winter tially damaging evidence. All for the Shillander. She spent her young life in weather to confirm that all schools purposes of downplaying the signifi- a two-parent family, but later experi- need to be more relevant, and that cance of Whitewater and running out enced a difficult family breakup. After School-to-Career programs are exactly the clock on this investigation. this happened, this soon got very dif- the kind of thing this country needs Let us review the facts. Nine people ficult for Jessica, and she had to prove more of. have been convicted for crimes relating how capable and resilient she really But, instead, we are here today de- to Whitewater, and seven more—in- is—a thing we shouldn’t ask from any bating an amendment to restore these cluding Arkansas Governor Jim Guy child in America. funds after they have been cut. This is Tucker and the Clintons’ business part- Jessica was kicked out of her moth- folly. We must invest in our future, not ners, Jim and Susan McDougal whose er’s home as a seventh grader. Not sur- bankrupt it. The Daschle-Harkin trial has begun in Little Rock—are prisingly, she almost immediately got amendment will restore School-to- currently under indictment. involved with gangs, drugs, and an abu- Work funds for programs like the one The President and the First Lady sive boyfriend almost twice her age. that helped Jessica. have both been compelled to testify Jessica dropped out of school, and if I believe, as did President Franklin separately before grand juries on the it were not for the help of caring Roosevelt, that ‘‘The only real capital subject of Whitewater. Yet, the White House still refuses to adults, and a special program funded of a nation is its natural resources and make full, prompt disclosures in re- with Federal School-to-Work funds, she its human beings.’’ America cannot sponse to our requests. And in those re- would not be the success story she is continue to act like a business having fusals rest the real Whitewater scan- today. a fire sale, we must continue the in- dal. However, due to a dropout retrieval vestments which will give our country Just as important as the actual and program run by the New Market Voca- a future. Education is paramount alleged crimes committed in Arkansas tional Skills Center in Tumwater, WA, among these. I want my colleagues to during the 1980’s is the potentially Jessica started having success in support the Daschle-Harkin amend- criminal coverup going on in the White school. ment in this light. House today. At New Market, Jessica felt the sup- Mr. GRAMS. Mr. President, I wish to Our chief frustration centers around port from adults which allowed her to speak as in morning business for up to the stark difference between the claims improve her academic and job skills. 10 minutes. the First Family makes in front of the Thanks to the program, Jessica has al- The PRESIDING OFFICER. Without cameras and the actions taken by the most graduated. She has turned away objection, it is so ordered. White House behind closed doors. from violence. f The President and the First Lady She is now working a paying job as a have repeatedly pledged full coopera- student advocate, and looks forward to EXTENSION OF SPECIAL COM- tion with this investigation, but as a a career helping young people. Last MITTEE TO INVESTIGATE WHITE- Washington Post editorial puts it, week she spoke to applause at the WATER ‘‘they have a weird way of showing’’ White House Conference, letting adults Mr. GRAMS. Mr. President, I wanted that cooperation. and youth learn from her story. to say how disappointed I am that the It has been clear from day one that a This dropout retrieval program Senate failed in a vote a few minutes concerted and coordinated effort has would not be possible without Federal ago to end the filibuster of our resolu- been made on the part of the White School-to-Work funds. Run through the tion to continue the Whitewater hear- House, associates of the President, and vocational skills centers in Washington ings. Clinton appointees to thwart the work State, the program is unique in the The question before the Senate today of the special committee. country. High school dropouts—kids should have been whether or not we You can think of Whitewater as a jig- from lower- and middle-class working would authorize additional funding for saw puzzle with a timeclock—a puzzle families—get special assistance to get the continued investigation into that did not come in a box or with a them involved in instruction which is Whitewater. Unfortunately, the cur- picture to work from. You begin assem- relevant to their lives. rent filibuster that is underway pre- bling the scattered pieces, but when If they need help with transpor- vents us from even considering this you think you are done, something tation, or child care, or just need some- question or voting on either the resolu- does not seem quite right. one to care enough those first few days tion or the Democratic alternative. Maybe it is the holes at the edges of the puzzle or the extra pieces you are back at school to give them a wakeup I recognize that some of our col- holding that don’t seem to fit any- call or see that they get an alarm clock leagues who have not closely followed where. With time ticking away, you or work clothes—the help is there. the course of this investigation could look around to see if anything is miss- And, like most Americans, these reasonably believe that enough time ing, when you find them in someone young people respond well to high ex- and money has been spent on the mat- else’s hands. pectations and a caring attitude—they ter, and under ordinary circumstances, And as all the pieces begin to fit to- need less help as they become more they might be right. gether, you still have no idea what confident in their own abilities. These Should we not have the opportunity you’ll end up with, but you realize that programs have an average placement to openly and honestly debate—and the puzzle is bigger than you had ever rate of 90 percent—either in jobs, high- vote—on this issue? We may have dis- imagined. er education, or the military. agreements over the need to continue It sounds incredible but look at the At a time when our world is more the Whitewater investigations, but obstacles we have had to face. complex than ever, when all employ- shouldn’t those disagreements be ar- Withheld records. Last summer, the ees, young or old, are finding the work- gued and resolved in the light of full committee requested the phone records ing world more difficult, when all public scrutiny? I believe they should. of Margaret Williams and Susan schools need to be more relevant, Con- Unfortunately, that is not the situa- Thomases for the time period imme- gress is about to cut the very School- tion we face today. But that should not diately following the death of Vince to-Work funds that make Washington’s come as any surprise; after all this fili- Foster. By December, we had received School-to-Career program possible. buster simply follows the course of ac- them, but only after making four sepa- Here’s Jessica’s reaction: ‘‘School-to- tion directed by the White House. rate requests and issuing a subpoena. work transition needs to begin as early Whatever its motivation, the White The records detail a phone tree be- as kindergarten, to help all students House has refused to fully cooperate tween Williams, Thomases, and the find value and self-worth. I want all with this investigation. For months, First Lady on the night of Foster’s students to have this opportunity.’’ they have delayed the production of death, leading to the removal of docu- Mr. President, I just held four chil- documents, presented witnesses who ments from Foster’s office. But it took dren’s forums in my State, in Yakima, exhibit suspiciously selective memo- months to get them.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1816 CONGRESSIONAL RECORD — SENATE March 12, 1996 Last minute surprises. On November It is these findings and unresolved BALANCED BUDGET 3, Deputy White House Counsel Bruce questions which lead me to wonder why DOWNPAYMENT ACT, II Lindsey was deposed by the special our Democratic colleagues have chosen The Senate continued with the con- committee. Not until the eve of his to filibuster this investigation, rather sideration of the bill. deposition did Lindsey supply the com- than let us gather the facts and com- Mr. DASCHLE. Mr. President, I ask mittee with Whitewater documents, plete our job. unanimous consent that the order for and then, 12 days later, discovered an- There has already been a great deal the quorum call be rescinded. other 80 pages of information. of speculation in the public’s eye over The PRESIDING OFFICER. Without with this new information, the spe- issues related to Whitewater and the objection, it is so ordered. cial committee decided to depose Mr. death of Vince Foster. We cannot af- AMENDMENT NO. 3473 Lindsey again, when, surprise, he once ford to leave these questions—or to Mr. DASCHLE. Mr. President, I com- again provided additional documents give the American people reason to mend the distinguished Senator from on the eve of a deposition. doubt the integrity of our efforts. Iowa and the distinguished Senator And just a few weeks ago, when we Mr. President, we have a choice. We from Pennsylvania for their work in least expected it, boom—more docu- can either continue our investigation bringing us to this point on one of the ments from Bruce Lindsey. and get to the bottom of this whole af- most important aspects of this omni- Missing and redacted notes. On Feb- fair or we can give up. We can begin bus appropriations bill, the education ruary 7 of this year, the White House dismantling the White House’s stone amendment. Yesterday we offered an released a redacted version of notes wall piece by piece or we can throw our amendment with an expectation that taken by then-White House Commu- hands up in the air and allow the Sen- we could restore full funding to the nications Director Mark Gearan from ate to become just another part of a 1995 level. This legislation does that. Whitewater response team meetings potential Whitewater coverup. There was some miscalculation as to led in 1994 by White House Deputy Mr. President, we cannot allow that the funding level required to bring us Chief of Staff Harold Ickes. to happen. to fiscal 1995 levels for title I. As I un- But only on the day of Gearans’ depo- We have a responsibility to uncover derstand it, the question relating to sition was the unredacted version re- the truth to every taxpayer whose how much funding would be required to leased—3 days before Gearan was hard-earned dollars bailed out Madison do just that has been resolved. scheduled to testify. When questioned, Guaranty, to every citizen who ques- I am satisfied that this does restore Gearan gave little explanation for why tions the honesty and integrity of their the fiscal 1995 level for title I, as well these, shall we say, colorful notes were Government, to every American who as for the other educational priorities not turned over in response to a com- believes in the saying, long forgotten identified in the underlying amend- mittee subpoena for Whitewhater docu- in Washington, about ‘‘the truth, the ment. So, clearly, this agreement is a ments issued over 3 months ago. whole truth, and nothing but the very significant development. It ought Overlooked documents. Upon receiv- truth.’’ to enjoy the support of both sides of ing confirmation from the Gearan If it takes us days, weeks, or months the aisle. I hope we can get unanimous notes about Ickes’ role in Whitewater, to wipe the Government clean from the support for it. It removes what I con- the committee requested any addi- tarnish of Whitewater, then that is sider to be one of the most important tional notes that might have been what we must do. The Senate cannot impediments to bringing us to a point taken by Ickes. continue to wash its hands of this re- where we can get broad bipartisan sup- Sure enough, less than 48 hours be- sponsibility. The investigation must port for final passage of this bill. fore Ickes was scheduled to testify, continue. If it takes us days, weeks, or So, again, I thank the leadership of over 100 pages of notes and documents months to wipe the Government clean the Senator from Iowa, and certainly appeared on our doorstep, accompanied from the tarnished Whitewater, then the Senator from Pennsylvania. I hope by the dubious explanation that the that is what we must do. The Senate that all of our colleagues can support documents were mistakenly over- cannot continue to wash its hands of it. I hope we can work together on a bi- looked. this responsibility. The investigation partisan basis to reach similar agree- To top if off, how can one forget the must continue. ments on other outstanding differences long delayed discovery of Mrs. Clin- Now, I know my colleagues argue related to this legislation, including ton’s billing records in the White funding levels for the environment, House book room. Coincidences? many points, but I believe they ignore the merits. They argue time and crime, and technology. We also need to Hardley. remove the contentious riders the The White House knows exactly what money, but they ignore the facts. They say, ‘‘What is the big deal about White- House included in their version of the it is doing, Make no mistake about it. bill. I believe that if we did that this Publicly, they claim to be the most water?’’ But, again, they ignore the fact that nearly two dozen friends and afternoon, we could put this bill on the forthcoming administration in history. President’s desk before the end of the And they point to the tens of thou- associates of the Clintons have become casualties of Whitewater being sent week and, at long last, resolve the sands of pages of documents they have many problems we have had with these turned over as evidence. back home in disgrace, charged or convicted of crimes related to Whitewater, appropriations bills. Only after you leaf through the piles, I yield the floor, and I suggest the ab- and see first hand the fragments, the or even worse. And, also, they charge that the inves- sence of a quorum. redactions, and the irrelevant informa- The PRESIDING OFFICER. The tion the White House has provided do tigation is political, but they ignore the fact that it would be more political clerk will call the roll. the pieces of the puzzle begin to fit to- The assistant legislative clerk pro- to end this investigation without get- gether in the image of a stone wall. ceeded to call the roll. I’ve often compared it to looking for ting the answers. It is political, but the Mr. HARKIN. Mr. President, I ask a needle in a haystack—the trouble is, politics are being played by the White unanimous consent that the order for when we ask for the needle, the White House and our Democratic colleagues the quorum call be rescinded. House gives us the haystack. And now, in not allowing this investigation to The PRESIDING OFFICER. Without they want to say ‘‘Times up. We win.’’ continue. If there is nothing to fear, objection, it is so ordered. Mr. President, when we started this why not get the job done and put it be- The question is on agreeing to the investigation, our purpose was to ex- hind us? amendment of the Senator from Penn- amine the reasons for the taxpayer-fi- Thank you very much, Mr. President. sylvania. On this question, the yeas nanced $60 million failure of one Ar- I yield the floor and suggest the ab- and nays have been ordered, and the kansas savings and loan. But what we sence of a quorum. clerk will call the roll. have uncovered, in Washington and in The PRESIDING OFFICER. The The assistant legislative clerk called Arkansas, is enough to make any eth- clerk will call the roll. the roll. ical person cringe—and still, many The assistant legislative clerk pro- The result was announced—yeas 84, questions remain. ceeded to call the roll. nays 16, as follows:

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1817 [Rollcall Vote No. 27 Leg.] consequence a result contrary to their averted if access to voluntary family-plan- YEAS—84 purported purpose of trying to mini- ning services had been maintained,’’ Sen. Mark Hatfield (R) of Oregon told his Senate Abraham Exon Mack mize abortions. The restrictions do not Akaka Feingold McConnell decrease abortions, they increase them. colleagues this week. ‘‘These numbers are as disturbing as they are astounding, particu- Baucus Feinstein Mikulski Other statistics speak for themselves. Bennett Ford Moseley-Braun larly to those of us who are faithfully and as- Biden Frist Moynihan In Russia, a lack of family planning sertively pro-life.’’ Bingaman Glenn Murray services has made abortion the chief The US has been barred from funding abor- Bond Gorton Nickles method of birth control. The average tion services overseas since 1973. But anti- Boxer Graham Nunn abortion activists in the US urged Congress Bradley Grassley Pell Russian woman has four abortions over Breaux Harkin Pressler her lifetime. In countries with effective to cut support for family-planning programs Brown Hatfield Pryor family planning, though, such as Hun- concerned that such programs indirectly promote abortion. Bryan Heflin Reid gary, abortion rates have dropped dra- Bumpers Hollings Robb ‘‘Population control that has to do with Burns Hutchison Rockefeller matically. education and the use of contraceptives was Byrd Inouye Roth But this debate is not just about not the issue,’’ says Rep. Sonny Callahan (R) Campbell Jeffords Santorum abortion. A lack of adequate family of Alabama, chairman of the House Appro- Chafee Johnston Sarbanes priations subcommittee that deals with for- Cochran Kassebaum Shelby planning and population efforts leads Cohen Kennedy Simon directly to a severe degradation of the eign aid. ‘‘The issue is trying to stop the US Conrad Kerrey Simpson lives and health of mothers and chil- from providing any money that might be Coverdell Kerry Snowe dren. U.S.-funded programs, rather used for abortions.’’ D’Amato Kohl Specter ‘‘Our concern is that services for abortion Daschle Lautenberg Stevens than promote abortion, seek to pro- are being provided by family-planning agen- DeWine Leahy Thomas mote safe contraception, thus allowing cies,’’ adds a spokesman for the Christian Dodd Levin Thurmond women to space their pregnancies, a Coalition, based in Chesapeake, Va. Dole Lieberman Warner Lawmakers trimmed funding for popu- Domenici Lott Wellstone step crucial to the health of the moth- Dorgan Lugar Wyden er and the survival of the child. If the lation assistance by 35 percent in a foreign- aid bill that was incorporated into a ‘‘con- NAYS—16 CR funding restrictions are left in place, 8,000 more women will die in tinuing resolution’’ to keep the federal gov- Ashcroft Gregg McCain ernment running until mid-March. Coats Hatch Murkowski pregnancy and childbirth, including In addition to budget cuts, the legislation Craig Helms Smith from unsafe abortions, and 134,000 more imposes unprecedented restrictions on fam- Faircloth Inhofe Thompson infant deaths will occur. Inadequate ily-planning programs funded by the US Gramm Kempthorne Agency for International Development Grams Kyl family planning also contributes to dangerous strains on already heavily (AID), AID is now barred from obligating any So, the amendment (No. 3473) was taxed environments, while unbridled money before July 1 and only small monthly agreed to. population growth has a serious impact parcels thereafter process that leaves only 14 percent of the amount appropriated in 1995 AMENDMENT NO. 3467 on education efforts in countries where The PRESIDING OFFICER. The available for use in fiscal year 1996, and money for such programs is scarce. which, AID officials complain, will confound question is on agreeing to the Daschle Such a strain on education is an indi- the process of long-term planning. amendment No. 3467, as amended. rect cost of these restrictions, but one Republican sources on Capitol Hill say cuts So the amendment (No. 3467), as with dire long-term consequences. in family-planning funds are part of an amended, was agreed to. It is worth emphasizing that prohibi- across-the-board drive to reduce federal Mr. SPECTER. Mr. President, I move tions on U.S. funding for abortions spending. As for restrictions on how the to reconsider the vote by which the have been on the books since 1973. money is spent, says one House source, they reflect the new balance of power in the 104th amendment was agreed to. USAID has consistently sought to Mr. HATFIELD. I move to lay that Congress in favor of those who believe that prevent abortions by offering viable al- family-planning agencies promote abortion— motion on the table. ternatives, alternatives available only a charge family planning advocates hotly The motion to lay on the table was through adequate education. AID’s pro- deny. agreed to. grams are widely recognized as the Family-planning advocates cite evidence Mr. JEFFORDS addressed the Chair. most efficient and effective population indicating that cuts in family-planning serv- The PRESIDING OFFICER. The Sen- planning programs in the world. ices will lead to sharp increases in abortion. They point to Russia, where the absence of ator from Vermont. These shortsighted restrictions en- Mr. JEFFORDS. Mr. President, I rise family-planning services has made abortion danger the long-term goals of improv- the chief method of birth control. The aver- today in support of Senator HATFIELD’s ing the lot of women and children in proposal in the omnibus bill before us age Russian woman has at least four abor- the developing world, with potentially tions over a lifetime. to remove restrictions on U.S. funding catastrophic results. ‘‘The framers of the family-planning lan- of international family planning. These Mr. President, I ask unanimous con- guage in [the continuing resolution] ensured, restrictions are part of the foreign op- sent to have printed in the RECORD an perhaps unintentionally, that the gruesome erations bill which was folded into the article from the Christian Science experience of Russian women and families last CR. Senator HATFIELD’s initiative will be replicated throughout the world, Monitor of February 9, 1996. starting now,’’ Senator Hatfield says. is a necessary and welcome step: nec- There being no objection, the article essary because the restrictions risk the Conversely, where family-planning services was ordered to be printed in the have been introduced, as in Hungary, the lives and health of women and children RECORD, as follows: abortion rate has dropped dramatically. in the developing world; welcome be- Some 50 million couples around the world CONGRESSIONAL EFFORT TO CURB GLOBAL cause the United States should not be now use family-planning services paid for by ABORTION MAY BACKFIRE forced by these ill-conceived restric- US government funds. The one-third budget tions to abdicate its proven leadership (By George Moffett) cut could mean one-third that number, or 17 in international family planning. WASHINGTON.—A CONGRESSIONAL move to million couples, will lose access to family Voluntary efforts to limit population limit abortion and family planning may have planning. If funds are not found from other a dramatic unintended consequence: It could growth must remain a principal pri- sources, according to projections by Popu- actually cause the global abortion rate to lation Action International, a Washington- ority of U.S. foreign assistance. The rise. based advocacy group. failure to fund adequately inter- Encouraged by the Christian Coalition and ‘‘More than 10 million unintended preg- national family planning efforts in the anti-abortion groups, Congress last month nancies could result annually,’’ says Sally developing world has dire con- made deep cuts in United States funds for Ethelston, a spokeswoman for the group. sequences. The restrictions currently family-planning programs abroad. But de- ‘‘That could mean at least 3 million abor- on the books will result in 4 million mographers, and even some anti-abortion actions, at least half a million infant and child unwanted pregnancies in developing tivists, are warning that the cuts for family deaths, and tens of thousands of maternal planning will lead to more unintended preg- deaths.’’ countries. Of these unwanted pregnancies—and that more, not fewer, abortions Without family-planning services, more nancies, an estimated 1.6 million will are likely to result. pregnancies will occur among younger end in abortions. Thus, these restric- ‘‘We embraced the probability of at least 4 women, older women, and women who have tions have as a direct and alarming million more abortions that could have been not spaced pregnancies by at least two years,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1818 CONGRESSIONAL RECORD — SENATE March 12, 1996 which is considered the minimum time need- Mr. HOLLINGS. I have been informed puts the squeeze on deadbeats who ed to protect the health of mother and child. by the Parliamentarian, since the have not repaid money owed to the The US has taken the lead since the 1960s Daschle education amendment has Federal Government. The Congres- in funding family-planning programs in poor passed, that the present amendment on sional Budget Office has scored this nations. Since then, global contraceptive use provision as raising $440 million in fis- has risen fivefold; fertility (the average num- technology needs to be conformed. I ber of children born to a woman during her ask unanimous consent the Parliamen- cal year 1996—more than enough to reproductive years) has dropped by one- tarian conform it in accordance with cover the add-backs. third; and the rate of global population the Daschle amendment in the bill as it Mr. President, I want to turn first to growth has begun to slow. now appears. investment in new job-creating tech- Even so, the world grows by 1 million peo- The PRESIDING OFFICER. Without nologies. I particularly want to focus ple every 96 hours, and the populations of objection, it is so ordered. on the Advanced Technology Program most poor nations are projected to double Mr. HOLLINGS. Mr. President, this at the Department of Commerce. The within 20 to 30 years. AID officials say the amendment restores funding for five Advanced Technology Program con- cuts will retard the incipient family-plan- important technology programs that tracts with companies on a cost-shared ning movement in Africa, where population basis to speed the development of new growth is fastest. ‘‘If this proves to be some- are significant investments in our thing that does increase abortion, we’d take country’s future. They focus on three breakthrough technologies that offer another look at our position,’’ says the critical areas: Economic growth, edu- great promise for the Nation but are Christian Coalition spokesman. cation, and cost-effective environ- too untested for the regular market- Mr. JEFFORDS. I urge my colleagues mental protection. The spending we place to fully fund. Just as other Fed- to support lifting these restrictions on propose in this amendment is fully off- eral research and development pro- programs with vital U.S. interests. I set, and the Congressional Budget Of- grams work through companies to de- yield to the Senator from South Caro- fice has scored that offset at providing velop the technologies needed for Gov- lina. more than is needed for the programs ernment missions such as defense and Mr. HOLLINGS addressed the Chair. we restore. space, the Advanced Technology Pro- The PRESIDING OFFICER. The Sen- The distinguished Senator from Iowa gram works with companies in support ator from South Carolina. has been the principal sponsor also of of the critical Federal mission of pro- AMENDMENT NO. 3474 TO AMENDMENT NO. 3466 the offset, which deals with accelerated moting long-term economic growth and job creation. (Purpose: To provide funding for important collection by the Federal Government. technology initiatives with an offset) We, as cosponsors, are indebted to him The amendment now before the Sen- ate provides $300 million for the ATP. Mr. HOLLINGS. Mr. President, I for his leadership. Otherwise, the dis- The $300 million level is significantly have an amendment at the desk and tinguished Senator from Maryland, below the $341 million available for the ask, on behalf of myself, Senator Senator MIKULSKI, has really led the program just last year in 1995. Cur- DASCHLE, Senator KERRY, Senator way for our Environmental Protection rently, H.R. 3019 provides no 1996 funds LIEBERMAN, Senator BINGAMAN, Sen- Technology Program. for this important program, although ator ROCKEFELLER, Senator LEAHY, Specifically, the amendment invests five important technology programs. It the committee amendment’s unfunded Senator LAUTENBERG and Senator title IV would provide $235 million to KERREY, the clerk to please report it. restores funding for four of them: A $300 million add-back for the Depart- support existing awards. The PRESIDING OFFICER. The Mr. President, I want to talk about ment of Commerce’s Advance Tech- clerk will report. several points in this important pro- nology Program, which contracts with The legislative clerk read as follows: gram. The Senator from South Carolina [Mr. industry to speed the development of First, we are talking here about jobs. HOLLINGS] for himself, Mr. DASCHLE, Mr. new breakthrough technologies; $32 The Advanced Technology Program KERRY, Mr. LIEBERMAN, Mr. BINGAMAN, Mr. million more for the Telecommuni- supports a vital mission of Govern- LEAHY, Mr. ROCKEFELLER, and Mr. KERREY cations and Information Infrastructure ment—promoting long-term economic proposes an amendment numbered 3474 to Assistance Program at the National amendment No. 3466. growth. The voters know that America Telecommunication and Information faces tough economic times. Foreign Mr. HOLLINGS. Mr. President, I ask Administration; an additional $4.5 mil- competition remains fierce, American unanimous consent that further read- lion for the Technology Administration companies continue with never-ending ing of the amendment be dispensed at the Department of Commerce, in- downsizing, and voters are understand- with. cluding $2.5 million to honor commit- ably anxious and upset. It is ironic in- The PRESIDING OFFICER. Without ments under the United States-Israel deed that the Government spends bil- objection, it is so ordered. Science and Technology Commission; lions in research and development dol- (The text of the amendment is print- and a $62 million addition for the Envi- lars each year for defense security, but ed in today’s RECORD under ‘‘Amend- ronmental Technology Initiative at the we are still debating the R&D efforts to ments Submitted.’’) Environmental Protection Agency, an promote economic security. Mr. HOLLINGS. Mr. President, this important effort to develop innovative Increasingly, new industries, jobs, is the technology amendment. I ask and cost-effective ways to protect the and wealth will go to those who are unanimous consent that I be able to environment. These add-backs total fastest at developing and then applying yield to the distinguished Senator from $398.5 million. new technologies. And if we are to save California, who wishes to make a brief In addition, the amendment specifies as many jobs as possible in existing in- statement as in morning business. that $23 million that is already in title dustries, they too need to be techno- Mrs. FEINSTEIN addressed the I of the committee amendment is to go logically competitive. The ATP works Chair. to the Education Department’s Tech- to turn promising laboratory ideas into The PRESIDING OFFICER. The Sen- nology Learning Challenge Program. practical breakthrough technologies— ator from California. These five programs promote innova- technologies that the private sector Mrs. FEINSTEIN. I thank the Chair, tive new technologies—technologies, itself will develop into new products and I particularly thank Senator HOL- Mr. President, that can improve and processes. And, we hope, tech- LINGS. schools, protect the environment at nologies that American companies and Mr. President, I ask unanimous con- lower cost, and create new industries American workers will turn into prod- sent that I be permitted to speak as in and jobs to replace employment lost ucts before our overseas competitors do morning business for up to 10 minutes. through never-ending downsizing and so. The PRESIDING OFFICER. Without layoffs. We must invest now to benefit The Federal Government has long objection, it is so ordered. from those new technologies tomorrow. worked with industry to speed the de- (The remarks of Mrs. FEINSTEIN per- This amendment does that job. velopment of important new tech- taining to the introduction of S. 1607 The amendment fully offsets these nologies. Industry-government partner- are located in today’s RECORD under add-backs through a provision that ships helped start entire U.S. indus- ‘‘Statements on Introduced Bills and would significantly improve the collec- tries—from the telegraph and agri- Joint Resolutions.’’) tion of delinquent Federal debts. It culture to aircraft and biotechnology

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1819 to computers and the Internet. These Bush himself requested budget in- encouraging research joint ventures, government investments paid off enor- creases, and in 1992 14 Republican Sen- one of its purposes; that ATP winners mously for the Nation and its workers. ators on a defense conversion task did indeed often have trouble getting We won the race to develop those force endorsed it. See ‘‘Report of the private funding because the research technologies. But will we win others? I Senate Republican Task Force on Ad- was too far from immediate market re- started the ATP because I saw our justing the Defense Based,’’ June 22, sults; and even those companies that competitors overseas moving to de- 1992. would have continued their research velop and commercialize American Unfortunately, in 1994 politics without ATP awards would have done ideas before we could, in areas such as intruded because some Senators wor- so much more slowly or at a lower superconductivity. ried that ATP grants might be made in level of effort. And the race continues. Numerous a political fashion. But this is the A January 1996 report conducted by small ATP winners tell us that their purest program you will find. Expert Silber and Associates provided further foreign competitors are often no more panels make the decisions—not the positive comments from industry. Of than 12 to 18 months behind them. This Secretary of Commerce, not the White the companies surveyed, many main- is not surprising. While American firms House, not any Member of Congress. tain that the ATP has been the life- have difficulty getting private capital Several States that have no Demo- blood of their company’s innovative re- for long-term research that will not cratic Senators or Governor do very search efforts, permitting them to ven- pay off quickly, other governments in- well under the ATP, including Texas ture into arenas new to U.S. industry. vest heavily in programs to support ci- and Pennsylvania. The ATP now sup- Sixth, while the ATP is still new, it vilian technology. This year, the Japa- ports 276 research projects around the already has generated some real tech- nese will spend $1.4 billion on national country, involving 757 research partici- nical successes—successes that in the technology research programs for in- pants in 41 States. The ATP is not years ahead will create jobs and broad dustry. The European Union is invest- porked, has never been porked, and is benefits for our Nation. Later, I will ing $14.4 billion over 5 years in 20 spe- not used for partisan purposes. submit for the RECORD a detailed list of cific areas of research and technology, Fourth, the ATP is not corporate accomplishments, but for now I want and individual European governments welfare. This program is not a handout to mention three particular cases. are investing additional R&D amounts to deadbeats. The purpose of the ATP With help from ATP, Aastrom Bio- to help their economies. is not to subsidize companies but to sciences of Ann Arbor, MI, has devel- With the fall of the Berlin Wall and contract with the best companies to oped a prototype bioreactor that can the explosive growth of foreign tech- develop technologies important to the grow blood cells from a patient’s own nology programs, we need not only De- Nation as a whole. Companies also pay bone marrow cells. In 12 days, the bio- fense Department research programs half the costs, hardly welfare. More- reactor will produce billions of red and but also economic growth programs over, no ATP funds are ever used to white cells identical to the patient’s such as the ATP. And given the eco- subsidize product development in com- own—cells that then can be injected nomic insecurity facing the country, panies; it supports only development into the patient to boost the immune we should increase the ATP, not cut it. work up to basic prototypes. More than system. The benefits from this system We need to help American industry ac- half the awards go to small firms or will be astounding. Now that the basic celerate the development of new tech- joint ventures led by small firms. technology has been proven and pat- nologies, new industries, and new jobs. Fifth, both the ATP itself and the ented, Aastrom has received $20 million If you want to let other countries win larger principle of industry-govern- in private funds to turn the prototype the technology race, then kill the ATP. ment technology partnerships enjoy into a commercial product. Second, Congress has a serious obli- solid support and excellent evalua- With ATP help, the Auto Body Con- gation to honor our commitments to tions. In terms of industry’s views, I sortium—consisting of eight auto sup- companies and workers in ongoing ATP want to quote first an important July pliers, with support from Chrysler, projects. The pending bill acknowl- 1995 policy statement by the National General Motors, and the University of edged this when it included $235 million Association of Manufacturers (NAM) Michigan—have developed a new meas- in the unfunded title IV of the bill. I about technology partnership programs urement technology to make assembly- commend Chairman HATFIELD for in- in general: line manufacturing more precise. The cluding that provision. He put that in The NAM believes that the disproportion- result will be better fit-and-finish in so that if Congress can find the money, ately large cuts proposed in newer R&D pro- car production, resulting in lower man- then fiscal year 1996 commitments to grams are a mistake. R&D programs of more ufacturing costs and lower car mainte- some 200 current multiyear projects recent vintage enjoy considerable industry nance costs. The new system is now will be kept. Our amendment has an support for one simple fact: They are more being tested. actual offset for that $235 million, as relevant to today’s technology chal- Diamond Semiconductor of Glouces- well as enough additional money to lenges.... In particular, partnership and ter, MA, used its ATP award to develop bridge programs should not be singled out have a small new ATP competition in for elimination, but should receive a rel- a new, risky technology for helping to fiscal year 1996. Not passing our atively greater share of what federal R&D reliably use much larger semicon- amendment will, in fact, abruptly re- spending remains. These programs currently ductor wafers—the slices of silicon on duce the ATP from its fiscal year 1995 account for approximately 5 percent of fed- which computer chips are built. Dia- level of $341 million to a fiscal year 1996 eral R&D spending. The NAM suggests that mond Semiconductor’s equipment can level of zero—a draconian move that 15 percent may be a more appropriate level. be used to make 12-inch wafers, holding will hurt companies across the coun- Groups explicitly endorsing the ATP many more chips than the old 8-inch try. It will particularly hurt the 100 include the Coalition for Technology wafers. Now that the technology is companies in 25 States that won Partnerships, a group of over 100 com- proven, a much larger company, Varian awards in fiscal year 1995 and now need panies and other research organiza- Associates, has invested in turning this fiscal year 1996 funding to continue tions, and the Science and Technology system into a commercial product. their multi-year projects. These com- Working Group, representing over two Finally, there is one other key point. panies have hired staff and committed dozen scientific and engineering soci- The President supports this program their own matching funds. eties and other organizations. These and opposes any effort to abruptly ter- Third, I want to emphasize that over groups see the ATP as an important in- minate it. It is a fact that when he ve- the years the ATP has actually enjoyed vestment in America’s future pros- toed the earlier fiscal year 1996 Com- strong bipartisan support. The law cre- perity and strength. merce, Justice, State conference report ating the program passed during Presi- In addition, the General Accounting he cited two main reasons—cuts in the dent Reagan’s second term, and the Office [GAO] has conducted two re- COPS Program and elimination of the ATP received its first funds during the views of the ATP in the past year. De- ATP. ATP funding is needed in order to Bush administration. Mr. Bush’s Com- spite some assertions to the contrary, get the President’s signature and get merce Department wrote the rules for they speak highly of the program. GAO on with finishing appropriations bills the ATP, and did a good job. President found that the ATP had succeeded in for this current fiscal year. The sooner

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1820 CONGRESSIONAL RECORD — SENATE March 12, 1996 we resolve the ATP issue, the sooner vironmental technology and edu- The Government estimates that the we get on with solving this protracted cational technology. But I want to total amount owed to the Govern- budget impasse. mention them briefly here. ment—including both nontax debt and Mr. President, the ATP is one of our The amendment contains a $62 mil- tax debt—in 1995 was a staggering $125 most investments in long-term eco- lion add-back to support activities billion. The Internal Revenue Service nomic growth and jobs. For that rea- under the EPA’s environmental tech- already has authority under law to son, we need to pass the pending nology initiative [ETI]. The program withhold Federal tax returns for delin- amendment and fund the ATP. has two main purposes—to help accel- quent Federal debts, and the Treasury INFORMATION INFRASTRUCTURE ASSISTANCE erate the development, verification, Department’s Financial Management Mr. President, this amendment also and dissemination of new cleaner and Service may hold back certain nontax adds $32 million to the current bill’s $22 cheaper technologies, and to accelerate Federal benefits for delinquent Federal million for fiscal year 1996 funding for efforts by EPA and state environ- debts. NTIA’s Telecommunications and Infor- mental agencies to rewrite regulations So far, the Treasury Department has mation Infrastructure Assistance Pro- so that they do not lock in old tech- collected over $5 billion in bad debt gram [TIIAP]. The fiscal year 1995 fig- nologies. Innovative environmental through reductions—offsets—in Fed- ure was $42 million. technologies offer a win-win oppor- eral tax credits. But there is a larger TIIAP is a highly competitive, merit- tunity—high levels of protection at problem. Many other Federal agencies based grant program that provides seed lower costs for industry. In the process, do not have the resources to invest in money for innovative, practical infor- we also can help a growing U.S. indus- debt collection, or their mission does mation technology projects throughout try that exports environmental protec- not include debt collection, or they the United States. TIIAP helps to con- tion technology and creates jobs here face too many restrictions in using the nect schools, libraries, hospitals, and at home. The $62 million will help with available tools. On March 22, 1995, the community centers to new tele- these important activities. President’s Council on Integrity and In the case of educational tech- communications systems. Examples in- Efficiency, which is composed of agen- nology, title I of the committee clude connecting schools to the vast re- cy inspectors general, reported on the amendment to H.R. 3019 already pro- sources of the Internet, improved need for a Governmentwide system of vides additional funds for educational health care communications for elderly reducing Federal payments to research and technology, and I com- patients in their homes, and extending delinquents. mend members of the Appropriations emergency telephone service in rural Based on this problem, legislation Committee for that step. Our amend- areas. Projects are cost shared, and has been proposed by a bipartisan ment would simply clarify that of have yielded nearly $2 of non-Federal group of legislators, acting with the those funds now in title I of the bill, support for every Federal dollar spent. support of the administration. In the $23 million is for the highly regarded Many of the awards go to underserved House, the main bill is H.R. 2234, the technology learning challenge grants. rural and inner-city areas. Debt Collection Improvement Act, in- This is a competitive, peer-reviewed In fiscal year 1995, NTIA received troduced by Congressman HORN, Con- program. Under this program, schools 1,811 applications, with proposals from gresswoman MALONEY, and others. The work with computer companies, soft- all 50 States, and was able to fund 117 Senate companion bill is S. 1234, intro- ware companies, universities, and oth- awards. duced by our distinguished colleague ers to develop innovative software and With the recent enactment of the from Iowa, Senator HARKIN. Finally, a computer tools for improving basic Telecommunications Act of 1996, more version of this proposal was included in classroom curricula. The challenge communities that ever will be faced the House version of last year’s budget grants are seed money for alliances of with both new information infrastruc- reconciliation legislation, H.R. 2517. So educators and industrial partners to ture challenges and opportunities. this idea of improving Federal debt col- develop new computer applications in Schools, hospitals, and libraries all lection enjoys strong bipartisan sup- reading, writing, geometry and other need help hooking up and applying this port. math, and vocational education. In As included in our amendment, the technology to their needs. The money short, we are developing new ways to debt-collection proposal has several this amendment would provide for fis- use computers to improve learning. key provisions. First, the Treasury will cal year 1996 will enable dozens of addi- In the first competition, held last be able to reduce certain Federal pay- tional communities to connect to, and year, the Education Department re- ments to individuals who owe the Gov- benefit from, the new telecommuni- ceived 500 proposals and was able to ernment money. Veterans Affairs bene- cations revolution. make only 19 awards. Clearly, there are fits would be exempt from this offset TECHNOLOGY ADMINISTRATION many more outstanding, valuable pro- process. Other benefit payments such Our amendment also would add $4.5 posals out there. The $23 million of fis- as social security, railroad retirement, million to the $5 million that H.R. cal year 1996 funding would allow more and black lung payments will reduce 3019’s title I provides to DOC’s Tech- of these important projects. after a $10,000 combined annual exemp- nology Administration [TA] appropria- THE OFFSET: IMPROVED DEBT COLLECTION tion. Other agencies can cooperate in tions account. Of that additional Before concluding, Mr. President, I this process by giving information to amount, $2 million will help TA and its want to mention briefly the offset that the Treasury regarding delinquent Office of Technology Policy [OTP] this amendment provides to pay for debt, although steps will be taken to maintain its role in coordinating the these technology program add-backs. protect the legitimate privacy of indi- new-generation vehicle project, orga- As mentioned, CBO has scored this pro- viduals. nizing industry benchmarking studies, posal as providing $440 million in fiscal Second, Federal agencies will have and serving as the secretariat for the year 1996 funds, more than enough to access to the computerized information United States-Israel Science and Tech- offset the $389.5 million in add-backs and can dock the pay of Federal em- nology Commission. The other $2.5 mil- included in the amendment. ployees who owe the Government lion is for a new activity endorsed by The offsetting funds come from a up- money. the Committee amendment’s title IV— graded Federal process, created in this Third, people who have delinquent actual joint projects between the amendment, for improving the collec- Federal debts will be barred from ob- United States and Israel in technology tion of money owed to the Government taining Federal loans or loan guaran- and in harmonizing technical regula- and for denying certain Federal pay- tees. tions so as to promote high-technology ments to individuals who owe such Fourth, the Social Security Adminis- trade between the countries. money to the Government. In short, we tration, the Customs Service, and the ENVIRONMENTAL TECHNOLOGY AND will not give certain Federal payments legislative and judicial branches of the EDUCATIONAL TECHNOLOGY to people who are delinquent in paying Federal Government will be authorized Mr. President, I will let others speak their debts to the Government, and we to use debt collection tools, such as in greater detail about two of the pro- will give Federal agencies new author- credit bureaus and private collection grams covered in this amendment—en- ity to collect such debts. agencies.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1821 Mr. President, this is a sound pro- become fractured over the past 45 years the appropriations bill, have turned posal for collecting money from dead- in the cold war—intentionally, if you back efforts on the other side of the beats and docking their Federal pay- please, because we sacrificed to keep Capitol to try to write in these par- ments until they pay the funds they the allies together in the cold war. So ticular projects. owe. It is fair, and it simply improves we willingly gave up market share try- So we have protected the authen- the process for carrying out debt-col- ing to develop capitalism not just in ticity of the program as being nonpork. lection authorities agencies already Europe, but particularly in the Pacific Thereupon, having passed peer review, have. rim, and it has worked. The Marshall highly ranked proposals have to go to a CONCLUSION Plan has worked. With the fall of the source selection board. The source se- Mr. President, America’s success at Berlin Wall, however, now is the time lection board are civil servants, as we home and abroad is like a stool that to rebuild the strength of our economy. all know, of no political affiliation. On rests on three legs. First, our strength Our problem is, right to the point, a competitive basis, they make the de- that you can willingly—for national and success depend on our military cision, not Secretary BROWN, not Presi- defense, military security—conduct re- power, which is now undisputed in an dent Clinton, not Senator HOLLINGS, or age where we are the world’s only su- search without any matching funds any other Senator or Congressman, perpower. Second are our values, of whatever. You can go right to the but, rather, that is the way these family and country. They are strong heart of it and give out the money. But awards have been made. There have and can be stronger still. The third leg, all of a sudden, Mr. President, when we been no violations of it. We are proud though, is our economic strength. And come to the matter of economic secu- of its record. That is why it has the here we face serious challenges. As the rity—which is really the competition confidence of the National Association New York Times has recently docu- now in global affairs—we hear criti- of Manufacturers. That is why it re- mented, too many Americans live with cism even though the ATP requires ceives the endorsement of the Council growing economic insecurity. Layoffs matching funds, a dollar of private on Competitiveness, and every par- abound, and many of the jobs that once money for every dollar of Government ticular industry group you can possibly went to Americans have gone overseas. money we expend. The law requires 50 imagine have come forward and said Accelerating the development of new percent from industry. The track this is the way to do it. That has to do high-technology industries and jobs is record is 60 percent of the money by in- with the pork part. The other part with not a complete solution. We also need a dustry itself. Yet when they come with respect to the long-range financing for vigorous trade policy to pry open for- it, all of a sudden we hear talk about long-term technologies has to be un- eign markets and reduce unfair dump- pork. derstood. ing of foreign products. We need better Let me take up the matter of pork education and training for all Ameri- because that is the reason we are into Back at that particular time, when cans. We need to make real progress, this particular dilemma. The program we were writing the legislation years not phony progress, on the Federal def- at hand is working in most of the 50 ago, Newsweek reported an analysis icit, so that interest rates can fall fur- States with hundreds of different con- predicting that maintaining the cur- ther. tracts awarded. They are awarded over rent hands-off policies toward industry But technology policy is one key step for 3- and 5-year periods, and they have and research, namely, the matter of in national economic recovery and led into commercialization, which we commercialization of our technology, strength, and the four programs this will soon touch upon. could cause the United States to be amendment supports are key parts of Senator DANFORTH and I set this up locked into a technological decline. an effective, nonporked national tech- in the late 1980’s. I was chairman of the They said, and I quote, that it would nology policy. We know that earlier Commerce Committee at that par- add $225 billion to the annual trade def- technology cooperation between indus- ticular time. We wanted to make sure, icit by the year 2010 and put 2 million try and Government has helped create back in 1988—the Trade Act of 1988 is Americans out of work. entire American industries—from agri- where it was added—we wanted to There are various other articles we culture to aircraft to computers and make sure that it would not be exactly had at that particular time, and wit- biotechnology. Much of Government’s what is it accused of being today, nesses. I quote particularly from Alan support came through the Defense De- namely, pork. So we set down various Wolff: partment, which was appropriate dur- guidelines in the particular measure In 1990, a Wall Street analyst commented ing World War II and the cold war. But itself, and it was implemented in a to a group of U.S. semiconductor executives now the Berlin Wall has fallen, and very, very successful way by, I should that the goal of people investing in stocks is now our Nation’s greatest challenge is say, President Bush’s administration. to make money. That is what capitalism is economic, not military. We therefore No. 1, the industry has to come and all about. It is not a charity. I can’t tell my need to strengthen civilian programs make the request. It is not the Govern- brokers, ‘‘Gee, I am sorry about your client, to stimulate technologies important to ment picking winners or losers. It is but investing in the semiconductor industry the industry picking the winner. They is good for the country.’’ While the indi- the civilian economy and civilian jobs. vidual was stating a truth, obviously, he was To do less is to condemn our Nation have to come with at least 50 percent touching on a fundamental dilemma con- and its workers in the long run to sec- of the money. fronting U.S. industry today in light of the ond-rate status and more, not less, eco- Thereupon, the experts in technology investor sentiment expressed above. How is a nomic insecurity. and business, including retired execu- company to maintain the level of investment For these reasons, I urge our col- tives selected by the Industrial Re- needed to remain competitive over the long leagues to pass this important amend- search Institute, have to peer review term, particularly if there is no prospect of ment. the particular proposals. Mr. President, a short-term or short-run payoff, or foreign Mr. President, at this point I want to they have to look it over and make competition has destroyed the prospect of make a few additional points about the sure that the submission would really earning a return on that investment? importance of technology and the Ad- pass muster. I know it particularly That is the points that answers a vanced Technology Program in par- well because my textile industry came charge sometimes made with respect to ticular. To begin with, we must re- with a request for computerization two recent GAO reports. Critics of the member that our strength as a Nation that they thought was unique. But it Advanced Technology Program quote is like a three-legged stool. We have did not pass muster and was not given GAO’s statement where it said that the one leg—the values of the Nation— the award. They do not have an Ad- half of those who had been given which is unquestionably strong. We vanced Technology Program award. In- awards, when asked if they would have have sacrificed for the hungry in Soma- cidentally, I guess they heard ahead of continued their research without the lia, for democracy in Haiti, for peace in time about my discipline of not mak- awards, said they would have contin- Bosnia. We have the second leg, Mr. ing any calls. I never made a call to the ued. But by way of emphasis, these President, of military strength, which White House or anybody in the Com- critics do not mention the next GAO is also unquestioned. But the third merce Department in favor of any pro- finding, namely, that none of them said leg—that of economic strength—has posal. I would rather, at the markup of they would have ever continued as

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1822 CONGRESSIONAL RECORD — SENATE March 12, 1996 quickly or with the same degree of in- The figure we have in the particular Craig Fields, President and CEO, MCC. vestment. With Government assist- amendment is $41 million less than the Edward B. Fort, Chancellor, North Caro- ance, they are able to expedite their re- fiscal year 1995 level—$131 million less lina Agricultural and Technical State Uni- search and therefore have been able to than the original 1995 level that existed versity. meet the foreign competition. But note before rescissions. We propose that John S. Foster, Consultant, TRW, Inc., and Chairman, Defense Science Board. that GAO reported that half the win- there be a cut, not even a freeze. Of our $300 million, we are trying to bring up William Happer, Director, Office of Energy ners said they would not have contin- Research, U.S. Department of Energy. some $235 million to honor commit- ued their research without Government Joseph S. Hezir, Principal, EOP Group, and assistance. They would have abandoned ments to projects that have already re- former Deputy Assistant Director, Energy it. ceived their awards and now need to and Science Division, OMB. We would have lost valid, good re- complete them. We do not want to cut Richard K. Lester, Director, Industrial search projects without this Advanced them off in half completion. Performance Center, MIT. Technology Program. I think the em- Let me commend the distinguished John W. Lyons, Director, National Insti- phasis should be made at this par- chairman of our Appropriations Com- tute for Standards and Technology. ticular time that GAO has made a fa- mittee, Senator HATFIELD of Oregon, in Daniel P. McCurdy, Manager, Technology vorable report, and that the program is realizing and confronting this problem. Policy, IBM. doing exactly what was intended to do. He did not have the money. He put the Joseph G. Morone, Professor, Rensselaer $235 million in title IV, but he said, Polytechnic Institute, School of Manage- It confronts exactly the particular di- ‘‘Look, if we can possibly find the ment. lemma we find ourselves in with re- money in offsets in title IV, then this Al Narath, President, Sandia National spect to the operation of the stock should be completed.’’ It is not a way Laboratories. market. It can go up 171 points one day for the Government to do business and Richard R. Nelson, Professor, Columbia and come back 110 points the next day. University. build up the confidence that is so much They look for short-term turnarounds William D. Phillips, Former Associate Di- besieged this day and age. The Govern- and everything else of that kind, and rector of Industrial Technology, Office of ment is trying to build up these part- does not focus on the long-term, in- Science & Technology Policy. nerships and work together in research cluding long-term technologies. That is Lois Rice, Guest Scholar, Brookings Insti- with industry and with the college tution. why the working group headed by the campuses. It is wrong to take valid distinguished Senator from New Mex- Nathan Rosenberg, Director of Program for programs that have no objection to Technology & Economic Growth, Stanford ico, Senator BINGAMAN, calls for the them, no pork, no waste, fraud, and University. various securities law reforms. So we abuse, and only tremendous success, Howard D. Samuel, President, Industrial can do away, perhaps, with the quar- and then come with a fetish against Union Department, AFL–CIO. terly report and actually meet the them because they appear as pork to Hubert J.P. Schoemaker, President and long-term investment competition that some on the other side of the Capitol, CEO, Centocor, Inc. we confront, particularly in the Pacific and then to walk lockstep like it is Charles Shanley, Director of Technology Planning, Motorola Inc. rim. part of a contract. Again, I want to emphasize that ex- Richard H. van Atta, Research Staff Mem- We had, in qualifying this program, ber, Institute for Defense Analyses. pert panels make the decisions, not the by way of emphasis, a series of hear- Secretary of Commerce. Several States Robert M. White, Under Secretary for ings back in the 1980’s. We also had Technology, U.S. Department of Commerce. that have no Democratic Senators or soon after that particular time the Eugene Wong, Associate Director of Indus- Governor do very well in the ATP, in- Competitiveness Policy Council, with trial Technology, Office of Science & Tech- cluding Texas and Pennsylvania. The many members appointed by President nology Policy. Advanced Technology Program now in- Reagan. He appointed the former head Mr. HOLLINGS. Mr. President, in volves some 760 research participants. of the National Science Foundation, August 1992, we also had the National It supports 280 projects around the Erich Bloch, who was designated chair- Science Board itself. I will read a cou- country and in some 41 States. man of the Council’s Critical Tech- ple of things and not put it in its en- The Advanced Technology Program nologies Subcouncil. They endorsed the tirety into the RECORD, which we would is not corporate welfare. It is not a ATP. be glad to do. But the National Science handout to deadbeats. The purpose of I ask unanimous consent that the Board concluded: the Advanced Technology Program is critical technology subcouncil listing Stronger Federal leadership is needed in not to subsidize companies but to con- of these outstanding individuals be setting the course for U.S. technological tract with the best companies to de- printed in the RECORD. competitiveness. Implementation of a na- velop technologies important to the There being no objection, the mate- tional technology policy, including estab- Nation as a whole. Companies must rial was ordered to be printed in the lishment of a rationale and guidelines for pay, as I pointed out, at least half of RECORD, as follows: Federal action, should receive the highest the amount when they come and may COMPETITIVENESS POLICY COUNCIL priority. The start of such a policy was set apply to the Advanced Technology Pro- CRITICAL TECHNOLOGIES SUBCOUNCIL, 1993 forth 2 years ago by the President’s Office of Science and Technology Policy, but more gram. The ATP itself is the larger prin- Chairman Erich Bloch, Distinguished Fel- forceful action is needed by the President cipal of industry-Government tech- low, Council on Competitiveness. David Cheney, Staff Director. and Congress before there is further erosion nology partnerships which enjoy solid in the United States technological position. support and excellent evaluations. MEMBERSHIP They made the recommendation to In terms of industry’s views, I want Eleanor Baum, Dean, Albert Nerken expand and strengthen the Manufac- to quote first an important July 1995 School of Engineering, Cooper Union. Frederick M. Bernthal, Deputy Director, turing Technology Centers Program, policy statement by the National Asso- National Science Foundation. the State Technology Extension Pro- ciation of Manufacturers: Sherwood L. Boehlert, U.S. House of Rep- gram, the National Institute of Stand- resentatives. The National Association of Manufacturers ards and Technology, and I quote, believes that the disproportionately large Michael G. Borrus, Co-director, Berkeley cuts proposed in newer R&D programs are a Roundtable on International Economics. ‘‘Further expand NIST’s Advanced mistake. R&D programs of more recent vin- Rick Boucher, U.S. House of Representa- Technology Program.’’ That was very tage enjoy considerable industry support for tives. important, therefore, the National Lewis M. Branscomb, Professor, Harvard one simple fact: They are more relevant to Science Board and its findings at that University. today’s technology challenges. In particular, Daniel Burton, Executive Vice President, particular time. partnership and bridge programs should not Council on Competitiveness. Going back to 1987 for a moment, Mr. be singled out for elimination, but should re- Dennis Chamot, Executive Assistant to the President, we led off our original series ceive a relatively greater share of what Fed- President, Department of Professional Em- of technology hearings that year with eral R&D spending remains. These programs ployees, AFL–CIO. the distinguished entrepreneur, tech- currently account for approximately 5 per- John Deutch, Professor, MIT. cent of Federal R&D spending. The National John W. Diggs, Deputy Director for Extra- nologist, professor, industrial leader, Association of Manufacturers suggest that 15 mural Research, Department of Health and dean at the University of Texas Busi- percent may be a more appropriate level. Human Services. ness School, Dr. George Kosmetsky,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1823 who had helped create the Microelec- class products, services and industrial proc- GenCorp. tronics Technology and Computer Cor- esses. ATP research priorities are set by in- GeneTrace Systems Inc. poration down in Austin, TX. We fol- dustry. The selection process is fair, and Hercules, Inc. lowed his testimony with the Council based entirely on technical and business Higher Education Manufacturing Process merit. Half of all ATP awards and joint ven- Applications Consortium. on Competitiveness. tures go to small business directed partner- Honeywell Inc. I will read just part of a Council on ships. Today, as indication of the success of IBM Corporation. Competitiveness statement written not this program, quality proposals in pursuit of I-Kinetics. long after that particular time. ATP funds far outstrips available funds. Institute for Interconnecting & Packaging The United States is already losing badly The real payoff of the ATP is the long- of Electronic Circuits (IPC). in many critical technologies. Unless the Na- term economic growth potential for the com- Intermagnetics General Corporation. tion acts today to promote the development panies involved with the program, and the Intermetrics, Inc. of generic industrial technology, its techno- creation of new jobs. The ATP is a model of Intervac, Vacuum Systems Division. logical position will erode further, with dis- industry/government partnerships which ISCO, Inc. astrous consequences for American jobs, eco- benefits the nation as a whole, again by Joint Ventures Silicon Valley. nomic growth, and national security. The leveraging industrial capital to pursue new Kaman Electromagnetic Corporation. Federal Government should view support for technologies. Without ATP, these techno- Kopin Corporation. generic industrial technology as a priority logical opportunities would be slowed, or ul- Light Age, Inc. mission. It is important to note that this timately forfeited to foreign competitors Material Sciences Corp. mission would not require major new Federal more able to make key investments in Matrix Construction & Engineering. funding. Additional funds for generic tech- longer-term, higher risk research, such as is Maxoptix Corporation. nology programs are required. Other Federal the focus of ATP. Merchant Gasses-Praxair, Inc. R&D programs, such as national prestige We urge you to adequately fund the Ad- Merix Corporation. projects, should be redirected or phased in vanced Technology Program as you begin Mocropolis Corporation. Milwaukee School of Engineering. more slowly to allow more resources to be mark-up of the authorization bill. The ATP Molecular Tool. focused on generic technology. is essential, cost effective and timely for the economic growth of our country. Please con- Moog, Inc. Of course, Mr. President, these tact either Taffy Kingscott at 202/515–5193 or MRS Technologies, Inc. themes were included and touched Tom Sellers at 202/728–3606 if you have any MultiLythics, Inc. upon in our hearings and legislation, questions or if we can be of any assistance. Murray, Scher, & Montgomery. and we have been more or less off and Nanophase. COALITION FOR TECHNOLOGY PARTNERSHIPS National Coalition for Advanced Manufac- running since then. The Coalition for Technology Partnerships We have, finally, by way of endorse- turing. has been formed by a group of small, medium National Semiconductor. ment, the Coalition for Technology and large businesses, trade associations and National Storage Industry Consortrium Partnerships. It has over 130 members, technical societies on the principle that (NSIC). a combination of companies, trade as- technology partnerships between govern- National Tooling & Machining Association. sociations, different companies them- ment and industry reflect the realities of to- Nelco International Corporation. selves, such as the American Elec- day’s budget climate and technology devel- New Mexico Technology Enterprises Divi- tronic Association, and several univer- opment mechanisms. sion. Advance Circuits, Inc. sities that work with industry on ATP Norfolk Shipbuilding & Drydock Corpora- Advanced Machining Dynamics. tion. projects. Aerospace Industries Association. North Carolina Industrial Extension Serv- Mr. President, I ask unanimous con- Air Conditioning & Refrigeration Institute. ice. sent to have printed in the RECORD at Alaska Technology Transfer Assistance Ohio Aerospace Institute. this particular point a letter from the Center. Optex Corporation. Coalition for Technology Partnership American Electronics Association. The Pennsylvania State University. along with the listing of membership. American Concrete Institute. Philadelphia College of Textiles & Science. There being no objection, the mate- Amoco Performance Products, Inc. Photonics Imaging. Andersen Consulting. rial was ordered to be printed in the Physical Optics Corporation. Aphios Corporation. Planar Systems. RECORD, as follows: Apple Computer. Praxair, Inc. COALITION FOR Applied Medical Informatics (AMI). PS Enterprises. TECHNOLOGY PARTNERSHIPS (CTP), Arizona State Univ.-College of Engineering Real-Rite Corporation. Washington, DC, July 6, 1995. & Applied Science. Rensselaer Polytechnic Institute. HON. ERNEST F. HOLLINGS, Armstrong World Industries, Inc. Rosemount Aerospace, Inc. Russell Senate Office Bldg., Array Comm., Inc. Sagent Corporation. Washington, DC. Atlantic Research Corporation. Semiconductor Equipment and Materials DEAR SENATOR HOLLINGS: The undersigned Babcock & Wilcox. International. members of the Coalition for Technology BioHybrid Technologies Inc. SI. Diamond Technology, Inc. Partnerships respectfully ask for your sup- Biotechnology Industry Organization. Silicon Valley Group. port of the Advanced Technology Program Brunswick Composites. Silicon Video Corporation. (ATP). We understand that the Senate Com- CALMAC Manufacturing Corporation. Society of the Plastics Industry, Inc. merce, Science, and Transportation Commit- The Carborundum Company. Solar Engineering Applications, Corp. tees will be marking up the FY Department Clean Air Now. Solarex. of Commerce Authorization bill in late July. CNA Consulting Engineers. South Bay Business Environmental Coali- We are concerned by the House Science Com- Coal Technology Corporation. tion. mittee and the House Appropriations Com- Columbia Bay Company. Spectrian, Inc. merce, Justice, State, the Judiciary, and Re- Council on Superconductivity. Suppliers of Advanced Composite. lated Agencies Subcommittee vote to elimi- Cubicon. Materials Association. nate the ATP and are writing to outline our Cybo Robots, Inc. System Management Arts. views on this essential program. Dakota Technologies, Inc. TCOM LP. The Coalition for Technology Partnerships Dell Computer. Technology Service Corporation. applauds your efforts to cut the federal budg- Diamond Semiconductor Group. 3M. et deficit and to streamline the federal gov- Dow Chemical Company. Tektronix, Inc. ernment, but we caution against sacrificing Dow-United Technologies Composite Prod- Texas Instruments. technology partnerships, such as the ATP, ucts, Inc. Third Wave Technologies, Inc. that are essential to our international com- Dragon Systems, Inc. Thomas Electronics. petitiveness. DuPont. Tissue Engineering, Inc. The ATP has enjoyed wide-spread industry Edison Materials Technology Center. Touchstone Technologies. support and participation. The basic mission The Electorlyser Corporation. Trans Science Corp. of the ATP is to fund research programs with Energy BioSystems Corporation. Trellis Software & Controls, Inc. a significant potential for stimulating eco- Erie County Technical Institute. TULIP Memory Systems, Inc. nomic growth and improving the long-term Fairfield University-Center for Global United States Advanced Ceramics Associa- competitiveness of U.S. industry. The ATP is Competitiveness. tion. already achieving this goal, by cost-sharing FED Corporation. University of Pittsburgh. research to foster new innovative tech- Foster-Miller, Inc. University of South Florida. nologies that create opportunities for world- FSI Corporation, Inc. UES, Inc.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1824 CONGRESSIONAL RECORD — SENATE March 12, 1996 United Technology Corporation. would add to the deficit this year. In using a short wavelength laser; adapt- Vysis, Inc. order to avoid a point of order, he has ive video coding for information net- Watkins-Johnson, Inc. claimed it as an emergency. works; and the list goes on and on and West Virginia High Tech Consortium. I know, as many people know, that on—real-time micro-PCR analysis sys- West Virginia University. technology is an important part of our XXsys. tems. Is it an emergency that we fund economy and that it creates a lot of real-time micro-PCR analysis systems? Mr. HOLLINGS. Mr. President, I jobs, especially in my part of the coun- Has this Government come to the point think I have covered some of the high- try, but I do not think that the Federal where that is defined as an emergency? lights. The real problem that we have Government going out and picking I really have to say that, on the face of here is, in essence, that now everyone winners and losers in the field of tech- it, this is a bit hard to talk about with is on the hustings out on the campaign nology represents an emergency under a straight face. trail talking technology, jobs, talk, any definition of what an emergency is. AMENDMENT NO. 3475 TO AMENDMENT NO. 3474 talk. What we would hope is that the Even if you could agree with this pro- Mr. GREGG. So, I am going to send President would want to walk here this gram, the program itself has some very afternoon and that we could get an an amendment in the second degree severe, fundamental flaws because it is which strikes chapter 3, which is the agreement not to increase ATP funding a picking of winners and losers by the this year, not even have a freeze, but emergency language of this amend- Government, for which the Govern- ment, to the desk and ask for its imme- let us continue with these particular ment has never been very good at pick- projects now ongoing and now starting diate consideration. ing winners and losers in the area of The PRESIDING OFFICER. The to pay off, with the companies having technology. And I point out a large clerk will report the amendment. done their fair share. The program has number of very significant failures of The bill clerk read as follows: seen a substantial cut, but let us not the Government in deciding where the have total elimination—where we have The Senator from New Hampshire [Mr. appropriate technology of the time GREGG] proposes an amendment numbered good industries working in partnership should be, such as the Synfuels Pro- 3475 to amendment No. 3474. with the Federal Government success- gram, such as the Clinch River breeder Mr. GREGG. Mr. President, I ask fully—and not cut them off halfway reactor. And the list goes on and on. unanimous consent that reading of the through a particular endeavor. But, even if you were to give the amendment be dispensed with. I yield the floor. Government some credibility and the The PRESIDING OFFICER. Without Mr. GREGG addressed the Chair. ability to go into the marketplace and objection, it is so ordered. The PRESIDING OFFICER. The Sen- pick winners and losers, which I hap- The amendment is as follows: ator from New Hampshire. pen to think is foolish on its face, but Strike chapter 3 of the pending amendment Mr. GREGG. Mr. President, I appre- even if you were to give it that credi- in its entirety. ciate the long and tireless commitment bility, you could under no cir- Mr. GREGG. I ask for the yeas and of the Senator from South Carolina to cumstances—under no circumstances— nays. this issue, certainly items such as the conceive of that as an emergency. That The PRESIDING OFFICER. Is there a Hollings Centers for Excellence, which is like saying whether we lay out a sufficient second? involves working with industry and the four-lane highway or a two-lane high- There is a sufficient second. Government in attempting to dissemi- way determines an emergency. This is The yeas and nays were ordered. nate knowledge on how to better man- the business of the Government. This is Mr. KERRY addressed the Chair. ufacture, and on which he has, appro- the ordinary and common business of The PRESIDING OFFICER (Mr. priately, his name. But this proposal the Government. And to claim it as an ABRAHAM). The Senator from Massa- which he has brought forth today has a emergency is, on its face, farfetched chusetts. number of fundamental flaws. and hard to accept. Mr. KERRY. Mr. President, the man- The first flaw is that it has not been So just on the technical grounds that ager is rising. I do not want to be—— scored by CBO, so we really do not this clearly is not an emergency and Mr. HOLLINGS. Mr. President, I ask know how much it costs. The second therefore should not be raised to the the Senator to let me answer two or flaw is that it does not seem to be off- level of an emergency—if we are going three points that I think should be set. The third flaw is to the extent it is to do that, we might as well fund all clarified. offset, the offset has not been scored. functions of Government as an emer- The PRESIDING OFFICER. The Sen- To the extent it is offset by the terms gency and just ignore the concept of ator from South Carolina. of the amendment itself, no offset oc- the deficit, ignore the concept of fiscal Mr. HOLLINGS. With respect to curs with this coming fiscal year. responsibility as put upon us by the emergency, I thought, Mr. President, So to the extent that this amend- Budget Act. On those grounds, I am that coming out of New Hampshire, my ment generates costs this coming year, going to strongly oppose this amend- distinguished colleague would under- there is no offset. So it adds to the def- ment. stand small business. I traveled that icit. I also happen to oppose it on sub- State extensively. If you have 20 or 30 In order to get around that, the Sen- stantive grounds in that I think this employees and you have received a ator from South Carolina has invoked program is of questionable value. Let grant and you put up half the money the emergency clause. The emergency me list a few things here that have and you are halfway through the par- clause was not, I do not think, ever been funded under this program. I sus- ticular project still soliciting finance conceived of to be used for the purposes pect they are good programs, but I on the open market and you have every of funding what amounts to corporate want you to ask, are these emer- promising indication that that is going welfare. That is what this is. You gencies? These are almost all experi- to happen, and then all of a sudden the know, a lot of people are walking mental undertakings. We do not know Government cuts it off and you know around here saying ‘‘corporate welfare, if they have any commercial use at all. already from the very beginning that corporate welfare,’’ looking for the We do not know if anybody is going to you had a need that could not be an- face of corporate welfare. This is the benefit from them at all except people swered by normal banking sources, you face of corporate welfare. The emer- who happen to be doing the work and are under an emergency. gency clause is for floods and other cri- get paid. It is like going down to your It is not an emergency because of any ses of significant proportions which are local technology company and saying, particular technology. It is an emer- inordinate and which are unusual and ‘‘Hey, we will hire a few folks for you gency because of the situation facing which we need to respond to because to do this project.’’ these small companies. The Senator there is an emergency. Is that an emergency? I hardly think addresses his comments with respect to But what we have here is a desire by so. Let me list some of these things: a the technology. I am talking about $235 the Senator to fund an undertaking Nobel x ray source for CT scanners; a million needed to maintain contracts which the committee decided not to flexible, low-cost laser machine for that have already been awarded after fund, and in so doing he would be vio- motor vehicle manufacturing; an ultra- going through all of this, getting the lating the budgetary rules because it high-performance optical tape drive financing, setting up the operation,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1825 getting half way through and then fac- There being no objection, the letter of the Debt Collection Improvement Act of ing a cutoff. That is an emergency. But was ordered to be printed in the 1996, a chapter within a proposed amendment the emergency designation in my RECORD, as follows: to H.R. 3019, as provided to CBO on March 8, amendment is not necessary, in a U.S. CONGRESS, 1996. I estimate that the proposed legislation CONGRESSIONAL BUDGET OFFICE, sense, because we do have a favorable would reduce direct spending by about $525 Washington, DC, March 12, 1996. million over the 1996–2002 period and would offset and scoring, Mr. President. When MEMORANDUM increase revenues by about $24 million over the Senator says it is not scored, let To: Patrick Windham, Senate Committee on the same period. The following table pro- me say that on March 12, today, we Commerce, Science, and Transportation. vides my year-by-year estimates. have a memorandum from John Right- From: John Righter, Congressional Budget er of the Congressional Budget Office, Office. on: ‘‘The scoring of the Debt Collection Subject: Preliminary scoring of the ‘‘Debt Collection Improvement Act of 1996,’’ Improvement Act of 1996, chapter 2, of Chapter 2 of a proposed amendment to H.R. a proposed amendment to H.R. 3019.’’ I 3019. ask unanimous consent it be printed in As you requested, I have prepared a pre- the RECORD. liminary estimate of the budgetary impact IMPACT OF DEBT COLLECTION IMPROVEMENT ACT OF 1996 ON DIRECT SPENDING AND REVENUES [By fiscal year, in millions of dollars]

1996 1997 1998 1999 2000 2001 2002

Changes in direct spending:1 Estimated budget authority ...... ¥440 ¥20 ¥10 ¥10 ¥15 ¥15 ¥15 Estimated outlays ...... ¥440 ¥20 ¥10 ¥10 ¥15 ¥15 ¥15 Additional revenues: Estimated revenues ...... 0 3 3 3 3 6 6 Under the Federal Credit Reform Act of 1990, the budgetary impact of a modification that alters the subsidy cost of existing direct loans or loan guarantee is calculated as the estimated present value of the change in cash flows from the modification. This amount is recorded in the budget in the year in which the legislation is enacted. Consequently, savings in direct spending for the existing loans and guarantees under federal credit programs affected by this proposal are shown in fiscal year 1996. In addition, the legislation would affect direct spending in future years by reducing the subsidiaries for mandatory loan programs by use of new collection authorities present in the proposal.

Changes in Direct Spending. The seven- in the President’s Balanced Budget Act of I read from page 24: year totals in estimated savings in direct 1995 is closest to the proposed amendment to The task force endorses two programs of spending include about $475 million for new H.R. 3019. the National Institute of Standards and For the President’s plan, CBO prelimi- and enhanced offset authorities, including Technology as important to the effort to narily estimated that the debt collection the authority to offset a portion of Social promote technology transfer to allow indus- provisions would reduce direct spending by Security Administration, Railroad Retire- tries to convert to civilian activities. These about $550 million over the 1996–2002 period, ment Board, and Black Lung payments for programs are the Manufacturing Technology recipients who are delinquent on a debt owed or about $65 million more than this estimate. The reduced savings result from the use of Program and the Advanced Technology Pro- to the federal government and who are gram. scheduled to receive more than $10,000 in fed- different sets of economic assumptions. For eral benefit payments over a 12-month pe- the President’s plan, CBO was directed to re- Now, Mr. President, the distin- riod. For example, assume an individual cur- vise and update its economic assumptions, guished leadership over on my chair- rently is delinquent on an education loan which yielded a higher present value for the man’s side of the aisle did not get into and is also expected to receive $12,000 in So- increase in collections of credit debt. For the that litany then about picking winners cial Security and other federal payments proposed amendment to H.R. 3019, I have used the economic assumptions that underlie and losers. Making that claim is poll- over the next 12 months. Under the proposed ster politics and pap. That is nonsense. language, Treasury could offset as much as the Budget Resolution for Fiscal Year 1996, $166 of each monthly Social Security pay- as required by law. Because the projected It is not picking winners and losers. ment and transfer this money to Education rate for marketable Treasury securities is When we had the semiconductor prob- in partial satisfaction of the recipient’s de- higher in the economic assumptions used for lems and put in Sematech, it was not linquent loan. (The $166 results from dividing the budget resolution, the present value of winners and losers. Industry came back 12 into $2,000, which is the amount the recipi- the collections is lower. in there. Then we get to the aircraft in- Please do not hesitate to contact me at 6– ent’s total federal benefits exceeds the 2860 if you have any questions. dustry; we get to agricultural tech- $10,000 exemption.) nology; we have the telecommuni- Mr. HOLLINGS. I thank the distin- The seven-year totals also include about cations technology. We can go right on $15 million for the removal of limitation on guished Chair. the collection of delinquent debts by the So- Mr. President, they have: ‘‘Changes down the list where Government has cial Security Administration and the U.S. in direct spending, estimated budget worked successfully in partnership, and Customs Service, as well as about $5 million authority, minus $440 million; esti- we do not hear about picking winners for the expanded use of nonjudicial fore- mated outlays, minus $440 million.’’ So and losers. And now here in the Ad- closure of federal mortgages. The Rural it has been scored, and the offset does vanced Technology Program comes the Housing and Community Development Serv- industry itself working with the Gov- ice at the Department of Agriculture and the produce real savings. Now, we are back to the old wag, Mr. ernment, and using political state- Small Business Administration could use the ments to the effect of winners and los- latter authority to shorten their foreclosure President, of winners and losers and process by about 6 to 12 months, thus de- winners and losers and winners and losers and pork they just present symbols creasing their holding costs. ers in the Government. Earlier, I tried and labels and hope to kill the program In addition, I estimate that the bill would to emphasize this issue in the most that way. That is not debating it on its reduce the projected subsidy cost for manda- courteous fashion, but I will have to do merits. The task force of my distin- tory loan or loan guarantees that would be it in the most direct fashion. Let me guished friends on the other side of the made in future years by about $30 million for refer specifically to a key report, and I aisle, a dozen of them, found it was the 1997–2002 period. read this and quote it exactly, Mr. very, very important, including the Additional Revenues. Additional revenues majority leader. And it has not would result from adjusting the value of ex- President: ‘‘Report of the Senate Re- isting civil monetary penalties for changes publican Task Force on Adjusting the changed a bit. It is being administered in inflation. The bill would provide for an Defense Base, June 25, 1992,’’ by Sen- properly, and no one contests that. No initial adjustment of no more than 10 per- ator WARREN RUDMAN, Senator HANK one wants to talk of the merit of the cent within six months of enactment, with BROWN, Senator WILLIAM COHEN, Sen- program or something that ask wheth- subsequent adjustments to occur at least ator JOHN DANFORTH, Senator PETE er anything may have gone awry. They once every four years. DOMENICI, Senator ORRIN HATCH, Sen- still want to use the symbols. Previous Estimate. As part of the Presi- ator NANCY KASSEBAUM, Senator TRENT I yield the floor. dent’s plan to balance the budget, CBO provided an estimate of the Debt Collection Im- LOTT, Senator RICHARD LUGAR, Senator Mr. KERRY. Mr. President, I wish to provement Act of 1995 on December 13, 1995. JOHN MCCAIN, Senator JOHN SEYMOUR, join my colleague from South Carolina CBO has provided estimates of other debt SENATOR TED STEVENS, and Senator in supporting his amendment, and I re- collection initiatives; however, the language JOHN WARNER. gret the characterizations of my friend

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1826 CONGRESSIONAL RECORD — SENATE March 12, 1996 from New Hampshire, the southern por- deeply committed to energy and cer- Mr. President, the Council on Com- tion of which certainly has a signifi- tain kinds of environmental research. petitiveness finds that a 10-percent in- cant amount of technology companies We actually went so far—we, I was not crease in workers’ education levels that are in partnership with the Fed- in the Senate then—but the Senate yields almost a 9-percent gain in work- eral Government. went so far and we as a Nation went so place productivity, more than twice It seems to me the arguments that far as to create the Energy Institute in the rate of run for the same investment are made by the Senator from New Colorado. Professors literally gave up in tools or in machinery. Every year of Hampshire fundamentally avoid the re- tenure at certain universities and went postsecondary education or training ality that we confront in the market- out to Colorado and invested in the no- boosts the lifetime earnings of an indi- place and that our companies are con- tion that the United States of America vidual by 6 to 12 percent. fronting in the marketplace today. It was committed to major energy re- So here we are wrestling in this would be nice if we could just sit here search. country with the problem of dimin- and say the Government should not be What happened? Along came Ronald ished earnings of 80 percent of Amer- involved in this or that and proceed Reagan and a different attitude about ica—80 percent of America—that has along. But the reality is that the gov- Government involvement in energy. So not had an increase in their take-home ernments of every country against we pulled the plug on the research in- household income in the last 13 years. which we compete are deeply involved stitute. People were thrown back out We know you can have a 6 to 12-percent in major commitments to science, to into the street, and, lo and behold, increase by investing in their skill lev- technology, to research, to develop- what happened? The Japanese and the els in the transfer of technology to ment, and even carry those commit- Germans picked up the leadership in human beings. That is what the Sen- ments way out into the marketplace in photovoltaics and renewable energy re- ator from South Carolina and I and order to effect pricing and the mar- sources, and all of a sudden, in the others are trying to do here. keting of the products that come out of post-cold-war era, as the prior Com- In Massachusetts, we have been able their companies. We are not living in a munist bloc countries suddenly wake to have about one-third of our work sort of pure Adam Smith world where up to what they have done to the Dan- force employed in these kinds of en- everybody can sit around and say, gee, ube River or to the region around Kijev deavors, and we find that they are al- the Government should not be doing where you can pick up ashes in your ways more productive and they always this, should not be doing that. hand and there is not a living bush pay higher wages. Every government of every industri- within a mile of their powerplants, Let me give you an example, perhaps, alized country in the world is engaged they suddenly said, ‘‘We have to do Mr. President. The ATP, the Advanced in what most of us would consider to be something about this.’’ Technology Program, and the NTIA unfair trade practices in subsidizing Where do they go? Not to the United grants and the EPA envirotech and their companies’ efforts to penetrate States, because the United States had educational technology programs that the market of one country or another. lost the technology lead. So they go to would get an add-back under this make We know that our own marketplace, Germany and they go to Japan and a direct difference in the lives of our as efficient as it is—and it is efficient, they buy from them. Whose workers citizens. it is brilliant—but even in its bril- wind up benefiting? The Advanced Technology Program, liance, our marketplace does not al- That is a clear lesson, Mr. President. for instance, helped Dr. Richard What I am suggesting is this is not ways respond in the ways that we Yohannis of Data Medic in Waltham, an enormous boondoggle or giveaway. would like it to or as rapidly as we MA, to create an automated medical This is a program that is set up with might like it to in the development of data gathering and processing system peer review. It is a highly competitive new products. In fact, from the great that will improve the quality of care at grant structure. It is one where there expenditures on defense of the late Boston Children’s Hospital and reduce has to be some likelihood of a frontier 1950’s and on, we have seen a remark- at least $560,000 of administrative that is going to provide new jobs under able number of purely Government-cre- costs. the definition of the critical tech- ated markets emerge, Government-cre- Private banks and venture capital nologies that most countries have rec- groups would not finance this idea. So ated products emerge: Teflon, Gortex, ognized as critical technologies. digitalization, the Internet. Lester Thurow, one of the eminent without the ATP’s matching support, Here we are with the Internet itself, scholars and thinkers of Massachusetts Dr. Yohannis’ idea simply would not the fastest growing market in the at MIT, recently noted that we are liv- have become a reality. With it, we save United States today. Some 30 million ing in an age where industrialized na- $560,000 and we create jobs and provide people have access to it, and it is grow- tions like the United States are not better health care. ing at 300,000 people a month. Who cre- going to achieve economic growth by Another example: The National Tele- ated it? The Government. The Govern- conquering new lands or amassing communications and Infrastructure As- ment was able to create it because the greater natural resources, or even sistance Program is helping Massachu- Government was able to leverage in- through further revolutions in tech- setts Information Infrastructure to vestment or make a fundamental pri- nology necessarily, which are the tra- begin to wire schools and libraries and mary investment that no private dollar ditional pathways that countries have local government entities to the infor- was willing to do because of the risk taken to greatness. He said we are mation superhighway. NTIA now has level. going to have to do it by investing in more than 80 matching grant requests Every one of us knows that in the human capital. pending from equally deserving groups capital markets of the United States, American business has demonstrated in the State of Massachusetts. Without we have a relatively small amount of an impressive ability to develop new the NTIA’s support, the 352 MII sites money that goes into pure venture cap- products and to invest in the tech- around Massachusetts would simply ital. The last time I looked, which was nology that is needed to give us those still be on the waiting ramp on the in- some time ago, it was somewhere in new products. But the record of invest- formation highway. the vicinity of $30 billion or so. That ing in workers has fallen far short of Now I ask a simple question. We just venture capital pool often does not go what is necessary to maintain the lead- overwhelmingly adopted an amend- for some of the job-creating efforts ership position in today’s global envi- ment to raise the level of education in that are critical on the cutting edge of ronment. this country. Here is a grant that links technology. Mr. President, if we look at these those schools and our students in their Mr. President, I think we have add-backs, what we see is a combina- math and science capabilities to the in- learned enough in the last few years tion of the best of both worlds: An ef- formation highway, to the future, to about our need to try to build the part- fort to try to invest in technology and jobs and to the world. I think that is an nership, if you will, to guarantee that an effort to try to invest in human cap- emergency. we are on the cutting edge of certain ital. The only reason it is required to be technologies. We saw that in the early Let me just quickly underscore a treated as an emergency is because our 1980’s. I can remember when we were couple of those areas, if I may. friends on the other side of the aisle,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1827 most of them, do not think it is an I urge my colleagues to increase our could have profound effects on future emergency and do not want it at all. investment in the ATP because that is R&D. The studies also agree that ATP And instead of having a 50-vote deci- what it is, an investment. And it is an has speeded up research, cutting sion on the floor of the Senate, which investment that will yield a high re- months off of the R&D cycle. Global is what you get by defining it as an turn in high-wage jobs and in long- competition in high technology moves emergency, they want it to be 60 votes, term economic growth. at a fast pace. And months can be crit- so the hurdle is harder to get over. We need a well-balanced Federal ical sometimes. This is not a fight over defining an R&D budget. We need a Federal R&D Let us be clear on one thing—this is emergency. It is not a fight over pork. budget that, of course, is strong in de- not just a Government program. ATP It is a fight over the priorities of this fense research, but not just defense, is industry-led. Industry picks the country and whether or not we ought which seemed to dominate research for technologies. Industry puts up 50 per- to be making a more significant com- many years. We need strength also in cent or more of the resources. Industry mitment to science and to technology. civilian research, in basic research, and takes the biggest risk. And to call this The Hollings amendment, gratefully, in applied research. And applied re- corporate welfare or picking winners would secure a critical commitment to search includes the development of and losers is just know-nothing non- technology. high-risk, high-payoff civilian tech- sense. People who have claimed that Let me give one last example. There nologies. have not looked at the program, or do are global demands for pollution con- We know that new technology ac- not know what they are talking about, trol, for waste disposal and remedial counts for one-half of long-term eco- or have some other agenda, because cleanup goods and services ranges from nomic growth. I repeat that. We know this is not corporate welfare or picking about $200 to $300 billion. Here is a $200 that new technology accounts for one- winners and losers. to $300 billion market waiting for us. half of the long-term economic growth ATP helps fund precompetitive re- In Massachusetts alone, the environ- of this country. search—research that lies in the gap mental industry is more than 1,500 We know that workers in high-tech- between basic research and commercial companies employing about 55,000 peo- nology industry are better paid than development. ATP focuses on high-risk ple, and it generates more than $5.5 bil- the average worker, in fact, on the av- potential breakthroughs, technical lion in sales. erage, 60 percent better paid. We know know-how that will benefit industry But some of their efforts simply can- that past public investment, in semi- across the board, that will boost na- not be engaged in without the leverage tional competitiveness and that will of these dollars, either from a basic conductors, in computers, in advanced materials, and in other technologies improve our lives. venture capital basis or banking basis ATP partners with companies in 31 have paid for themselves many, many or from fundamental risk taking in the States. That shows how widespread it times over. marketplace. is, 31 States. The companies are work- These technologies have been at the It seems to me, Mr. President, that it ing on quicker and easier genetic diag- heart of our economic expansion. We is extraordinarily valuable for this nostic tests, for instance, much smaller know that the private sector is cutting country to encourage and leverage the computer chips, better materials for back on long-term R&D in favor of transition of our workplace. When fiber optics and more. You say, are shorter term, more product-oriented 40,000 workers are downsized from these things important? Of course they work. AT&T, and those workers find it dif- are. And they can be multiplied over In 1989, I proposed legislation to cre- ficult to find the same level of paying and over. We could have a whole list ate what I called the ACTA, Advanced jobs and they wind up driving taxicabs here today. Those are just three exam- Civilian Technology Agency. It was or doing things at a whole different ples. level than they were trained for, we do going to be a counterpart to DARPA, In my State of Ohio, for example, not just lose their technical skill, we the Defense Advanced Research Project companies with ATP help are working lose their commitment, we lose their Agency. on 15 different projects ranging from morale, we lose the fabric of our com- The purpose of ACTA was to help put high-temperature, high-pressure toler- munities. U.S. industry on an even footing with ant enzymes for the chemical food and It seems to me that nothing should competitors who had the benefit of diagnostic industries to gene therapy gain a greater focus from the U.S. Sen- teaming with their Governments. for the treatment of cardiovascular dis- ate except for education as a whole Team Japan and Team Germany, for ease. than the effort to transfer science from example, ensure that their companies Most of the projects are geared to the laboratory to the marketplace, to quickly develop, produce, and market moving U.S. manufacturing well into take it from laboratory to shelf as rap- new products. They use tools ranging the 21st century. There are projects on idly as possible. from R&D tax credits and low-interest ceramics, composites, long optical This effort has proven its ability to loans to research consortiums. There is polymers, metal powders, superabra- do that. It is not pork. It is a funda- no single, magic silver bullet. sives and extremely precise measuring mental commitment of this country to Congress decided against a new agen- technologies—all in the areas of break- science and to technology itself. And I cy and instead created the Advanced throughs that would have an enormous hope colleagues will join together in Technology Program, ATP, within an impact on our society and on our in- adding back this critical funding. existing agency. NIST has managed the dustry. Mr. GLENN addressed the Chair. ATP, I think by any measure, in an ex- Let me take as an example the first The PRESIDING OFFICER. The Sen- emplary fashion. But now, after 6 of these—ceramics. People say, ‘‘ce- ator from Ohio. years, some of my colleagues want to ramics.’’ They think of dishes and Mr. GLENN. Mr. President, I rise in kill this promising young program, things that you hold water in, vases, strong support for this amendment. I without, I think, even understanding things like that. But if we make a listened carefully to my colleague from what it is they are killing. major breakthrough in high-tempera- Massachusetts and I agree with him I think it would be very short-sighted ture ceramics, so that we could coat completely. I will confine my remarks to kill a program just as it is starting turbine blades, or the inside of high- to the Advanced Technology Program, to have an impact. We have two recent temperature engine chambers, we could the ATP. studies of the ATP program. And they raise operating pressures and tempera- I have risen on this floor many times agree that the program has stimulated tures. That would let us make far more to talk about the importance of re- companies to join together, to collabo- efficient use of fuel. We could have search and the importance of moving rate, to form strategic alliances. smaller turbines and engines. We could research into industry and then into These partnerships are not easy for make electric cars much more prac- use—that is, the importance of devel- companies because they fear the loss of tical than they are now, when we have opment, and the importance of Govern- intellectual property rights, the loss of to store energy in lead acid batteries. ment’s role in areas where private cap- trade secrets, and the loss of control If we made a breakthrough in ceram- ital is not available even though maybe overall. But ATP has catalyzed ics, we make a whole new industry posit should be. changes in corporate behavior that sible. Breakthroughs in ceramics make

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1828 CONGRESSIONAL RECORD — SENATE March 12, 1996 breakthroughs possible in engines and Mr. HOLLINGS. There are various Let me describe just a few of these electric cars and a whole host of Senators that wanted to be heard. I innovative partnerships from around things. Each one of the technologies have agreed with the distinguished the country that have gotten off the that I mentioned can have that kind of chairman, Senator GREGG, we ought to ground because of TIIAP’s help: serendipitous effect on new industries move as expeditiously as possible to a Youth service organizations in New and new research in our country. vote. Haven, CT and East Palo, CA are work- These and other technologies that in- I suggest the absence of a quorum. ing together to link teenagers in the dustry is developing with the help of The PRESIDING OFFICER. The two cities to keep them off their ATP—not directly, but with the help of clerk will call the roll. streets and in their schools; ATP—will not only create jobs and en- The assistant legislative clerk pro- Physicians from big city medical hance productivity, but will make life ceeded to call the roll. centers in North Carolina are working healthier and the environment cleaner Mr. GREGG. Mr. President, I ask together with rural hospitals to pro- at much lower cost. We are just start- unanimous consent that the order for vide video teleconsultations and diag- ing to see the benefits of the ATP in the quorum call be rescinded. nostic images for emergency care; jobs and technologies coming to mar- The PRESIDING OFFICER. Without And in my home State, Castleton ket. objection, it is so ordered. State College has led a consortium of Mr. LEAHY. Mr. President, I rise in Some of our friends on the other side representatives from the private sec- strong support of the Senator from speak of the need to tear programs out tor, local government and education to South Carolina’s amendment to restore by their roots. That was one of the develop a telecommunications plan for funding for high-technology programs. statements I heard the other day. For west-central Vermont. I am proud to cosponsor this amend- programs like ATP and for programs to An TIIAP planning grant will bring ment to restore about $400 million to bring educational technology to our these Vermonters together to develop a these critical investments. This students, that is a prescription for an high-capacity telecommunications in- amendment is fully offset and will not economic wasteland. It will be an eco- frastructure to overcome the problems nomic disaster if we start tearing pro- add to the deficit. Unfortunately, the current bill cuts caused by their 15 local dialing areas. grams like this out by their roots. We TIIAP is about finding new ways to programs like the Advanced Tech- should, instead, be nurturing these pro- learn, to practice better medicine, and nology Program that invest in our fu- grams so that we and our children and to share information. It spurs the ture. Some in this Congress are trying our grandchildren can enjoy their growth of networks and infrastructure to abolish these high technology pro- fruits. in many different fields of tele- grams to claim they have ended a un- Mr. President, the United States has communications with only a small necessary, big-Government bureauc- grown to what it is today mainly be- Federal investment. It is essential and racy. Nothing could be further from cause we have been a research-oriented innovative. nation and a curious people, a people the truth. These high technology programs are This amendment also restores $62 willing to put money into inquiring million to the Environmental Protec- into the unknown. We have moved into more than necessary in today’s world. They are essential. tion Agency’s Environmental Tech- leadership in the world because of that nology Initiative. This initiative sup- type of curiosity, curiosity that has The world has shrunk because of advances in technology and tele- ports private sector research and devel- been exhibited by our companies, by opment that protects our environment our colleges, by our universities, in- communications. Today, Americans do not just com- and generates innovative products for deed, by the Federal Government, in pete with each other, they compete the emerging environmental tech- taking the lead in these areas. with Japanese, Germans, New Zea- nology marketplace. This technology If there is one thing this Nation has the potential to create thousands should have learned throughout its his- landers, and the other citizens of our global economy. To meet the demands of jobs by developing new ways to clean tory, and I think we have learned, it is up polluted areas across the country. that money spent on research almost of this new world, we must develop and improve our expertise and infrastruc- For example, an EPA-supported tech- always pays off beyond anything we see nology was recently developed in at the outset. ture in advanced technology. Moreover, these high-technology pro- Vermont for the ecological treatment How can we not approve ATP? By my of wastewater. Living Technologies and reckoning we should be expanding it grams are not big Government. Because these technology programs Gardiner’s Supply in South Burlington, further rather than considering cutting provide Federal seed money, private Vermont are on the forefront of a new it out. technology that treats wastewater In closing, Mr. President, I urge my companies and public players have through a series of biological processes. colleagues to support this amendment. come together to form community- The Environmental Protection Agency I hope it passes for the good of this based projects. Many of these projects has played a fundamental role in join- country and for the future of this coun- must have matching funds from the ing quality environmental policy with try. private sector. This requirement had led to innovative networks with groups good economics. AMENDMENT NO. 3475 WITHDRAWN Mr. President, advanced technology Mr. GREGG. I ask unanimous con- that have never worked together before. There is no Government redtape will be the key to our educational and sent that the yeas and nays be vitiated economic and economic success in the and that my amendment to strike be restricting these partnerships. Instead, Government seed money is making remainder of this decade and into the withdrawn. next millennium. We must keep our The PRESIDING OFFICER. Without these partnerships happen. commitment to master technology or objection, it is so ordered. We should be promoting programs So the amendment (No. 3475) was that foster these advanced technology we will be mastered by it. I urge my withdrawn. initiatives. And that is exactly what colleagues to support this amendment Mr. GREGG. Mr. President, I ask this amendment does. For instance, to restore vital funding for advanced that the yeas and nays be ordered on this amendment adds $32 million in technology programs. the underlying amendment of the Sen- funding for the Telecommunications Mr. LIEBERMAN. Mr. President, I ator from South Carolina. Information and Infrastructure Admin- rise in support of my friend Senator The PRESIDING OFFICER. Is there a istration Program [TIIAP]. HOLLINGS and praise him for proposing sufficient second? In today’s world of innovative tele- this technology amendent which I have There is a sufficient second. communications, this program helps us cosponsored along with my colleagues The yeas and nays were ordered. keep up with this constant change. minority leader DASCHLE, Senators Mr. GREGG. I continue my opposi- TIIAP develops partnerships with local KERREY, BINGAMAN, ROCKEFELLER, and tion to this amendment. I do not think governments, schools, hospitals, librar- KERREY. This amendment strives to ATP is a program we can fund at this ies and the business community to in- preserve research programs in tech- time. I think we should go with the ini- crease access to advanced information nology, education and the environment tial proposal. and communications. which are investments in our future.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1829 Cuts in research and development, What are our foreign competitors in wider varieties—and the product R&D are bad for America’s future. Now doing? You guessed it. Japan has an- must be delivered ‘‘just-in-time’’. ATP is not the time to pull out of federal in- nounced plans to double its R&D spend- funding is not a substitute for research vestments in these programs, including ing by 2000; it will actually pass the investments that industry would have the Advanced Technology Program United States in nondefense R&D in otherwise used for R&D. [ATP] and Technology Administration total dollars not just share of GDP. This program has attracted top- [TA], National Telecommunications This is an historic reversal. Germany, notch small-to-medium size companies and Information Administration Singapore, Taiwan, China, South who have lauded ATP. In an inde- [NTIA] which have a significant impact Korea, India are aggressively pro- pendent study, Semiconductor Equip- on high-wage jobs and maintaining moting R&D investment. Our lead in ment and Materials International U.S. leadership in the global economy. R&D has been our historic competitive [SEMI], an association comprised of Now is the time to protect our invest- advantage. If these trends continue, 1,400 small companies that manufac- ments, maintain our strong base, and that lead will shrink. Competing ad- ture materials and equipment for the build upon technology infrastructure vanced economies will be the winners if semiconductor manufacturers, found so that America will remain an eco- we cut technology programs that im- that 100 percent of the companies who nomic world leader. prove Government’s efficiency and the participated in ATP rated it very fa- Commerce’s Office of Technology taxpayer’s return on investment. vorably. Nearly two-thirds of the com- Policy recently issued a report which To keep building and renewing our panies surveyed by Industrial Research states: economy, we have to keep investing in Institute, an association of over 260 re- Although the federal Advanced Technology it. The numbers here are so bad they search companies who account for 80 programs represent only a small fraction of should be giving us fits: percent of industrially-performed R&D the federal R&D budget, they leverage We have a 20-year downward trend in in the U.S., only a small number of money in the public and private sectors, investment as a share of gross domes- which have received ATP awards rated causing an economic impact far larger than tic product—we’re at 11.2 percent for ATP with very high marks. that suggested by the program budgets 1995, behind 47 competitor nations. The impact of the partnership activi- alone. Moreover, they are the only mecha- The net national savings rate, which ties amongst Government, industry, nisms focused specifically on providing a factors in government deficits, aver- and academia is significant and far- bridge between the federal R&D investment reaching, according to a Silber and As- and the efforts of the private sector to re- aged 2.07 percent as a percent of GDP main globally competitive. These relatively from 1990 to 1994, compared to the 8.11 sociates study which interviewed every small investments in federal partnerships percent average in the 1960’s. The ATP industrial participant. I would play a central role in increasing the effi- household savings rate last year, which like to share with you some of the ciency of government mission research and doesn’t include the Government deficit, company responses: safeguarding the country’s prosperity.’’ is down to 4.6 percent; Japan’s is 14.8 We would not have done this research An essential part of improving eco- percent, France’s is 14.1 percent, and without the award. It absolutely enabled us. nomic growth is technological change. ... Germany’s is 12.3 percent. Obviously, We consider ATP a multiplier—by invest- A recent Council of Economic Advisors our overall investment rates are re- ing $3 million we gain access to $15 million report tells us that half or more of the lated to our R&D investment rate. worth of technology. . . . Nation’s productivity growth in the If you divide Government spending We particularly like that it wasn’t a grant, past half century has been from tech- into investment and consumption cat- but a match. This eliminated companies who nological innovation. Looking at a 15- egories, Government investments— just wanted a government subsidy . . . pro- year curve, the U.S. had growth in pri- items like education, R&D, and infra- motes putting your money where your mouth is. We’re seriously committed and vate sector R&D every year until the structure—are increasingly dwarfed by have already invested $2 million. 1990’s. That growth wasn’t huge—we major increases each year in entitle- ATP money encouraged us that a little were way behind the rate of growth of ment consumption spending. Federal company like us can be taken seriously. . . . competitor nations, but we had such a non-defense investment in the 1960’s in Leverage reduces cost and risk. . . . big lead after WW II that we could tol- these three categories was 23 percent of Collaborations, cooperation, and learning erate lower growth for awhile. But to operate in a consortium with competitors its outlays; it is now less than half were key outcomes. . . . since 1991, the private sector has annu- that. These numbers tell us that we’re ATP has clearly acted as a catalyst ally been cutting R&D spending. This slowly disinvesting in our economy. to develop new technologies and to fos- year, the American Association for the They tell us we may be starving our ter ongoing joint ventures within the Advancement of Science estimates long term growth. industrial R&D. Clearly, we should that Congress is implementing a 30-per- I would like to focus on the programs continue to support this program and cent cut in government non-defense that are victims under the proposed restore $300 million for it as proposed R&D. For the second year in a row the Appropriations bill we seek to amend, in this amendment. United States placed first in the World the Advanced Technology Program TA—Cuts in Commerce’s Technology Competitiveness Report in 1995, Japan, [ATP] and the Technology Administra- Administration will severely handicap top-ranked in 1993, fell to fourth and tion [TA], the National Telecommuni- our government’s ability to assess and Germany to sixth. But when you look cations and Informations Administra- strengthen the technology efforts of into the fine print of the report, it isn’t tion [NTIA], education technology and the American industry. How can we ex- so rosy. environmental technology. pect to improve U.S. economic com- The United States ranks only 9th in ATP—Investments in technology are petitiveness if we squeeze the ring- the people category because of its 30th investments in our future. ATP was en- master who oversees and assesses an place showing on adequacy of its edu- acted during the Bush administration important part of the U.S. R&D invest- cation system. The report also found to address technical challenges facing ment? TA requires an additional $2 the United States 40th in vulnerability the American industry. Industry has million above the $5 million slated in to imports, was 40th in gross domestic already begun to benefit from this pub- the Conference report to peer review savings, and it deteriorated to 29th in lic-private partnership which aims to critical programs such as The clean car public funding of nondefense R&D. accelerate development of high-risk, initiative, also known as the partner- We clearly lead the world in the long-term technologies. The nature of ship for the new generation of vehicles, mixed blessing of downsizing and have the marketplace has changed, and and to perform comprehensive com- garnered major productivity gains as a technological advances are a crucial petitive studies for many industrial result. But disturbing long-term eco- component in maintaining our stature sectors such as the chemical, semicon- nomic warning signals remain despite in the new world marketplace. Product ductor, banking and textile industry. all the profit-taking of the past 5 life cycles are getting more and more NTIA—The National Telecommuni- years. This is particularly true when compressed, so that the development of cations and Information Administra- you look at one of the basic long term new products must occur at a more and tion’s Telecommunication’s and Infor- building blocks of economic growth: re- more rapid pace. The market demands mation Infrastructure Assistance Pro- search and development. products faster, at higher quality and gram [TIIAP] serves a very important

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1830 CONGRESSIONAL RECORD — SENATE March 12, 1996 purpose in connecting public libraries, Mr. President, what the environ- South Carolina had designed the ATP schools and hospitals to state of the mental technology program has Program with the help of Republican art telecommunications services and amounted to is corporate pork. Mr. Senators like Warren Rudman. He had the Internet through its highly com- President, we cannot afford this sort of ensured that awards would be made on petitive cost-shared grant program. corporate subsidy. the basis of merit pursuant to competi- Last year, only 117 awards for 1800 ap- These sort of activities are not tion and that industry would play a plicants were given—that is fewer than geared to ensuring the U.S. gains a major role in selecting areas for com- 1 out of 15. To cut these programs that strong foothold in the market for envi- petition. He had ensured that there are in very high demand and essential ronmental technology, as the adminis- would be cost sharing from industry, so in promoting education, reducing tration has claimed. it was not just Government saying health care costs and providing more I should also add that the budget re- these technologies were worthy of fur- jobs is very short-sighted. The amend- quest for this program has quadrupled ther development. The firms them- ment restores $32 million which will from $30 million in fiscal year 1994 to selves were putting their money at enable TIIAP to provide 100–150 new $127 million in fiscal year 1996. Much of risk. Out of these Government-industry awards. TIIAP programs are not a free that funding has been passed through partnerships the Senator from South ride and demand high community in- from EPA to other agencies—NIST, Carolina expected to see real innova- volvement to be successful. DOE, agencies which have their own tion. He expected these partnerships to I strongly support investments in budgets for technology activities. This, bridge the gap between basic research education technology which will in- at a time when the administration at which we excel as a nation and prod- spire our children to enhance their cre- claims it cannot find funds to set uct development which the private sec- ativity and reading and math skills drinking water standards for tor should fully fund. All the reports using the innovative tools of Internet. cryptosporidium or control toxic water we have received tell us the program is The Environmental Technology Initia- pollutants. doing just that. And yet it is on the Given the importance of ensuring tive will secure a cleaner and brighter chopping block. America for our children and grand- that EPA’s limited resources are spent The same could be said for the other children with lighter, more fuel effi- on those activities resulting in the programs supported by the Hollings cient cars and innovative pollution most direct and significant gains to en- amendment. All had bipartisan origins. control technologies. vironmental protection, additional To summarize, continued U.S. gov- funding for this program above the $10 All are designed to provide real lever- ernment investment in R&D is critical million available in this bill is not ac- age for Federal funds by fostering part- at a time when our competition is in- ceptable. nerships and requiring cost sharing. creasing its R&D support. The cuts in Mr. BINGAMAN. Mr. President, I rise They are precisely the sort of programs ATP, NTIA, TA and education and en- in support of the Hollings technology we should be expanding as we approach vironment technology are unfounded programs amendment. I want to com- the 21st century. Instead, we are forced and simply serve to starve our long- mend the Senator from South Carolina into a debate on terminating them. term prospects of developing high-wage for his consistent advocacy of these Mr. President, I am going to close by jobs and maintaining U.S. leadership in programs for the entire 13 years I have displaying two charts which I have the global economy. had the honor to serve in this body. It used before over the past year on the Now is not the time to drop out of is disheartening for some of us to find Senate floor. The first shows Federal the global R&D race and shift toward a all of these programs so out of favor civilian research as a percentage of path toward technology bankruptcy. with many of our majority colleagues. gross domestic product. In the next few As I stated before, the American Acad- Mr. President, as we prepare for the years that spending is headed toward a emy for the Advancement of Science challenges and opportunities of the 21st half-century low. Is that how we should has estimated that if current congres- century, these technology programs be building a future for our children sional spending trends continue, our are among the last programs we should and grandchildren? Government will be cutting this R&D be sacrificing to balance the budget. I The second chart compares our Fed- investments by almost one-third over have given many speeches over the last eral civilian research spending with the next few years. Defense R&D will year about how misplaced our prior- that of the Japanese Government. Very be cut deeper than that. Our amend- ities are when we prepare to slash our soon, if not this year then in the next ment attempts to correct that error in civilian research and development pro- few years, Japanese Government re- some critical program areas. I urge my grams by one-third by 2002. And we are search and development investments colleagues to support this amendment. doing this at the same time the Pen- will exceed our own. That is a nation Mr. BOND. Mr. President, I rise in tagon is planning to slash research and with half our population and half our opposition to the Hollings amendment. development spending by 20 to 25 per- wealth. How long will we as a nation be The amendment includes $62 million cent in real terms in the same time pe- able to live off our previous research for EPA’s environmental technology riod. These next few years will be the investments? first time since World War II that this initiative, a program which the con- Mr. President, study after study has Nation will simultaneously cut both ci- ference agreement on the VA–HUD bill shown that Federal civilian research vilian and defense research. sought to reduce funding for, in order investments since World War II have to fund higher priority EPA programs. Four years ago this body knew that paid for themselves many times over. During consideration of the fiscal that was the wrong thing to do. We ex- We need to sustain that investment as year 1996 VA–HUD bill last fall, not a pected cuts in defense research spend- single member raised concerns about ing as a result of the end of the cold we head into the 21st century, particu- the reduction to this program in the war. But both the Rudman and Pryor larly since we will continue to cut de- committee markup, on the floor, or in task forces and the Bush administra- fense research investments in light of conference on the legislation. tion in 1992 advocated increases in ci- the end of the cold war. The Pentagon This program was initiated by Presi- vilian research spending to compensate is planning to make greater use of our dent Clinton 3 years ago, and a total of for the declines in defense research and civilian research programs to meet its $100 million has been appropriated for to keep pace with the investments needs at the same time we are cutting the first 2 years. What has the program other nations were making in civilian civilian research. accomplished? Not a whole lot as far as research. There was a consensus then The Senator from South Carolina is I can tell. that the Advanced Technology Pro- making a stand for some of our best ci- We have funded energy efficient gram was a program that needed to be vilian research investments. He stands housing conferences, lighting research expanded to provide opportunities for in a bipartisan tradition of supporting centers’ education of electric utilities firms to do precompetitive research, a civilian research that goes back to about the benefits of energy efficient term that President Bush coined, in a Presidents Truman and Eisenhower lighting, and marketing programs to cost-effective manner. and clearly included President Bush. increase the purchase of energy effi- The reason that we had that con- He stands against what one columnist, cient lighting products. sensus then was that the Senator from E.J. Dionne, Jr., in today’s Washington

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1831 Post called the ‘‘smash-the-state’’ rev- have access to computers and the technology programs that provide olutionaries, who want to demolish es- Internet. high-wage jobs for American workers. sentially all Government programs. Currently, however, many commu- This appropriations bill would make Government can work and has the nities do not have access to advanced short-sighted cuts to programs that capacity to make investments that do information or communications either build American industry, increase ex- great good for this country. Our re- at home, in the local school, or the ports, and promote American jobs. In search investments have been in that local library. I receive numerous let- the final analysis, these cuts would category for decades. They are Govern- ters and telephone calls from Nebras- damage the long-term economic pros- ment at its best, building a better fu- kans, particularly from educators and pects of American families. ture for our children. I urge my col- health care practitioners, who want af- The cuts I am talking about target leagues to stand with the Senator from fordable access to Internet and other the Department of Commerce, which South Carolina in support of these re- advanced telecommunications re- opponents label as unimportant to the search programs. Please vote for the sources. According to NTIA, this lack country. In fact, the Department of Hollings amendment. of access is most pronounced in rural Commerce is a Federal agency that Mr. KERREY. Mr. President, I sup- and inner city communities, which works day in and day out to help keep port the Hollings-Daschle technology could spell disaster for the future of American businesses one step ahead of amendment, which I am pleased to co- many youths. foreign rivals in an era of increasing sponsor. In particular, this amendment TIIAP is specifically designed to con- competition. It is the agency that sup- adds $32 million for the Telecommuni- nect these communities to the kinds of ports the kind of cutting-edge tech- cations Information and Infrastructure information they need to find edu- nologies crucial to U.S. businesses win- Assistance Program [TIIAP] under the cational opportunities, job training, ning the international trade wars and National Telecommunications and In- new employment, and better medical capturing markets for U.S. manufac- formation Administration [NTIA], care. tured goods at the dawn of the 21st cen- which I strongly support. TIIAP grants are bridging informa- tury. When TIIAP was slated for elimi- tion gaps for children from farming If we abandon our support for re- nation in the fiscal year 1996 Com- communities, who are downloading im- search and development in this time of merce-Justice-State-Judiciary appro- ages of the planets and exchanging e- expanding global markets, we will find priations bill (H.R. 2076), I offered an mail with space scientists. Emergency ourselves fighting an uphill battle for amendment with Senators SNOWE, room doctors in remote rural areas are economic security in the years ahead. DASCHLE, LEAHY, LIEBERMAN and JEF- using computer networks and video im- Not only are these cuts penny-wise and FORDS that restored $18.9 million for aging to consult with specialists in pound-foolish, they sacrifice our eco- this valuable program. The motion to major medical centers to diagnose in- nomic future for meager budget sav- table my amendment was defeated juries and deliver life-saving care. And ings. This bill would hold important pro- overwhelmingly by a bipartisan vote of teachers are upgrading their skills by grams hostage by making their funding 64 to 33, reversing a death sentence for taking advanced courses through the contingent on a budget agreement be- a competitive, merit-based program Internet without leaving their school tween the President and Congress. The that empowers people by linking rural building. TIIAP provides seed money contingency would require the passage and underserved communities to ad- for everything from computer links to of a separate bill necessary. vanced telecommunications tech- professional development to advanced The bill would withhold funding for nologies. software. the Advanced Technology Program, or Mr. President, the Federal seed Many innovative projects would ATP, which promotes research in money from TIIAP is generating part- never get off the ground without the cross-cutting technologies that are too nerships and matching investments assistance provided by this program. long term in payoff for private firms to that are helping communities in my TIIAP represents the best Federal in- pursue alone. The enabling tech- State of Nebraska and across the Na- vestment we can make in this area—it nologies developed under this program tion join the information revolution. In is oriented toward the future, it is help American firms compete in fast- Beatrice, NE, which previously had no highly competitive, and every Federal paced international markets. Other meaningful way to communicate elec- dollar is matched by one or more pri- governments are far more aggressive in tronically, a TIIAP grant is funding vate dollars. Grants totaling $24.4 mil- funding technology. the Beatrice Connection. Beginning lion in 1994 generated $40 million in Some of my colleagues have called next month, the Beatrice Connection matching funds to support projects in the Advanced Technology Program cor- will link the entire community—its health care, education, economic devel- porate welfare, but that misses the public schools, library, community col- opment, infrastructure planning, and point that the real benefactors are lege, city government, and residents— library services. American workers who will profit from using a metropolitan area network Mr. President, the constant fight to high-technology and high-wage jobs. [MAN] and wireless communications. fund TIIAP shows how difficult it is be- The ATP is a forward-looking cost-ef- In Lincoln, NE, TIIAP is empowering coming to make investments in the fective investment in America’s tech- people through InterLinc, which pro- United States as entitlement programs nology base essential to our long-term vides dial-up, toll-free Internet access continue to grow and consume large economic growth. To abandon it as this to low-income, ethnically diverse, and portions of the Federal budget. I am bill does is a mistake and a blow to rural areas of Lincoln and its sur- committed to reforming entitlements American competitiveness. rounding rural communities. InterLinc precisely because, if we fail to do so, The ATP is a young program, but also provides on-line access to Govern- programs like TIIAP and others funded early results show that it’s working. ment agencies, thus permitting citi- by the Hollings-Daschle amendment The Autobody Consortium from my zens greater ease in using Government will become a memory. home State of Michigan, for example, services. The amendment which I am cospon- used an ATP grant to develop a new Information and communications are soring today would fund 100 additional measurement technology that has led fast becoming the keys to economic TIIAP awards in fiscal year 1996, con- to dramatic improvements in reli- success in this country and around the necting more schools, libraries, and ability and performance of American world. By the 21st century, these indus- public health facilities to tele- cars. The technology is giving us a leg tries will represent close to one-sixth communications technology. I urge my up on foreign automakers. That means of the world economy. Yet according to colleagues to vote for the Hollings- that we’ll sell more cars and create a recent study, by the year 2000, 60 per- Daschle amendment, to ensure that more high-paying jobs for American cent of jobs in this country will require major portions of our country are not workers. skills held by only 20 percent of the left out of the information age. The Hollings amendment would res- population. Our kids will not be able to Mr. LEVIN. Mr. President, I support cue ATP funding from the proposed compete with a software programmer the Hollings amendment that would re- contingency fund so that ATP’s impor- in New Delhi or Tokyo if they do not store funding for key industry and tant work can continue uninterrupted.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1832 CONGRESSIONAL RECORD — SENATE March 12, 1996 It would also provide funds to allow though the United States has tradi- Many may not like the debt col- ATP to support new research rather tionally spent a lower percentage of lector. But, if the Government does not than only fund ongoing research. GDP on R&D than its competitors, it collect, other taxpayers must make the Another short-sighted measure of has always been first in absolute ex- payment instead. That is not fair. The this bill is the grab of funds set aside penditures. In the near future even this United States has billions of dollars in for the National Institute of Standards will change. By 1997, the Japanese Gov- uncollected debts. School loans unpaid, and Technology’s lab modernization ef- ernment will actually spent more on businesses that did not pay back the fort. NIST provides basic infrastruc- R&D, in total dollars, than the United SBA, farmers who did not pay their ture for the whole gamut of this coun- States. loans, all kinds of debts. Yet, the Gov- try’s industries by developing state-of- The proposed cuts to the Commerce ernment is writing checks to some of the-art measurement technologies. The Department budget are bad for the those same people month after month current facilities at the Institute are country and bad for my home State of for various payments anyway. The almost 40 years old and in desperate Michigan. Michigan is the third largest Government is making new loans on need of renovation or replacement. exporting State behind California and top of the old ones. And, those who do Without new facilities, NIST risks be- Texas. Last year, $35 billion in exports, not pay, usually suffer no damage to coming technologically obsolete and almost all from manufactured goods, their credit ratings. unable to continue its world-class re- supported about 500,000 Michigan jobs. Under this measure, that changes. search efforts. Thousands of Michigan companies ben- First, the collection of bad debts are While this bill restores half of the efit from the industry and technology more centralized and given to staff who funds taken in an earlier Senate support programs administered by the focus on collecting those debts, includ- version, it still takes back too much Department of Commerce. ing when necessary private attorneys. Many of those companies have writ- from the moneys set aside for the NIST Second, the Government can start gar- ten to me to offer their enthusiastic modernization effort. It also penalizes nishing most kinds of government pay- support for the Advanced Technology an agency that showed initiative and ments. Third, the Government is not Program and other Commerce Depart- restraint by husbanding these funds going to make new loans or loan guar- ment initiatives. over the years to make physical plant antees to those who don’t pay their investments. Why should any agency ‘‘NIST has a tradition of being a positive contributor to the competitiveness debts. Fourth, the Government is going save money when accumulated savings to act like most businesses and will are snatched back and years of plan- of U.S. industry and the ATP program is an excellent example of how the fed- pass the information on to credit agen- ning demolished? cies. Fifth, the Government is going to The ATP and NIST modernization ef- eral government can help,’’ wrote Perceptron, a small high-technology be able to more efficiently forclose on fort are just 2 examples of many cuts property. And, the measure provides in critical industry and technology company in Farmington Hills. ‘‘With an expanding global economy for a lot of other provisions that makes programs. Other examples include the and increasing challenges facing U.S. it more likely that different parts of Telecommunications and Infrastruc- companies, U.S. businesses today have the Government will work together to ture Assistance Program, that provides a critical need for assistance from the make collecting bad debts a priority. seed money to connect our schools to U.S. Department of Commerce to enter The amendment also makes these the Internet, and the Environmental and successfully compete in world mar- methods available to collect delinquent Technology Initiative at EPA, that kets,’’ wrote the S.I. Company of Ann child care payments. Few causes are supports cost-shared development of Arbor. more significant to the cause of chil- innovative pollution-control tech- The Commerce Department ‘‘has con- dren living in poverty and women nologies. centrated on helping small- and me- going on welfare than the failure of It is wrong to cut cost-effective R&D dium-sized firms export. These are the parents to support the child. And, I programs to achieve minimal budget same companies that have driven our very strongly feel that the Government savings. If our primary goal in bal- surge in exports and our growth in em- should do more in that area. ancing the budget is long-term eco- ployment. Are we trying to ‘kill the nomic growth, then we should safe- Mr. GREGG. Mr. President, I suggest goose that lays the golden egg’?’’ wrote we go to vote. guard initiatives that will help us Keesee and Associates of Birmingham. reach that objective. The programs cut Mr. President, if we choose to turn VOTE ON AMENDMENT NO. 3474 in this bill are precisely the kind that our backs on technology at this crit- THE PRESIDING OFFICER. If there will promote long-term economic ical juncture, we weaken the prospects is no further debate, the question is on growth, by giving American firms the for a more productive, more prosperous agreeing to the amendment. technological edge they need to build America. I hope the Senate will adopt The clerk will call the roll. exports, increase profits, and create the Hollings amendment. The assistant legislative clerk called high-wage jobs. Mr. HARKIN. Mr. President, I strong- the roll. We are cutting our investment in in- ly support passage of the Hollings Mr. FORD. I announce that the Sen- dustry and technology at the same amendment. We need to keep our Na- ator from Louisiana [Mr. BREAUX] is time our competitors are stepping up tion on the cutting edge in technology necessarily absent. their efforts. A recent report by the and the amendment helps to do that. It Council of Economic Advisors [CEA] The results was announced—yeas 47, helps businesses bring creative ideas nays 52, as follows: showed that the United States invests into the international marketplace. It far less in technology and trade than promotes finding more efficient tech- The result was announced—yeas 47, our primary competitors. In fact, over nologies to reduce environmental prob- nays 52, as follows: the last two decades, the United States lems and it helps educational institu- [Rollcall Vote No. 28 Leg.] has increasingly lagged behind both tions provide the tools they need to YEAS—47 Germany and Japan in nondefense R&D teach our children with the latest com- Akaka Ford Lieberman expenditures as a percentage of GDP. puter technology. Baucus Glenn Mikulski We currently ranked dead last among I want to particularly note the debt Biden Graham Moseley-Braun our major trading partners in spending collection provisions contained in the Bingaman Harkin Moynihan Boxer Heflin to build exports. amendment. Because of those provi- Murray Bradley Hollings Nunn And the news gets worse, Mr. Presi- sions, CBO has scored the amendment Bryan Inouye Pell dent. The CEA report further reveals as fully paid for. The debt collection Bumpers Jeffords Pryor Burns Johnston Reid that the congressional budget resolu- provisions are complicated. But, its Byrd Kennedy Robb tion may slash Federal civilian R&D goal is very simple: The Government Conrad Kerrey Rockefeller spending by almost 30 percent by the needs to systematically do a better job Daschle Kerry Sarbanes year 2002. In contrast, the Japanese of collecting the money that is owed to Dodd Kohl Dorgan Lautenberg Simon Government plans to double its R&D it. And, it does a pretty poor job of Exon Leahy Wellstone investment by the year 2000. Even doing that now. Feinstein Levin Wyden

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1833 NAYS—52 cludes designation of the entire amount of infibulates the whole or any part of the labia Abraham Frist McConnell the request as an emergency requirement as majora or labia minora or clitoris of another Ashcroft Gorton Murkowski defined in the Balanced Budget and Emer- person who has not attained the age of 18 Bennett Gramm Nickles gency Deficit Control Act of 1985, as amend- years shall be fined under this title or im- Bond Grams Pressler ed, is transmitted to Congress. prisoned not more than 5 years, or both. Brown Grassley Roth DEPARTMENT OF THE TREASURY ‘‘(b) A surgical operation is not a violation Campbell Gregg Santorum of this section if the operation is— DEPARTMENTAL OFFICES Chafee Hatch Shelby ‘‘(1) necessary to the health of the person Coats Hatfield Simpson SALARIES AND EXPENSES on whom it is performed, and is performed by Cochran Helms Smith For an additional amount for emergency a person licensed in the place of its perform- Cohen Hutchison Snowe expenses necessary to enhance the Office of Coverdell Inhofe ance as a medical practitioner; or Specter Craig Kassebaum Foreign Assets Control’s efforts in the ‘‘(2) performed on a person in labor or who D’Amato Kempthorne Stevens United States to combat Middle Eastern ter- has just given birth and is performed for DeWine Kyl Thomas rorism, $3,000,000, to remain available until medical purposes connected with that labor Dole Lott Thompson expended: Provided, That such activities or birth by a person licensed in the place it Domenici Lugar Thurmond shall include efforts to enforce Executive is performed as a medical practitioner, mid- Faircloth Mack Warner Order 12947 (‘‘Prohibiting Transactions with wife, or person in training to be come such a Feingold McCain Terrorists Who Threaten to Disrupt the Mid- practitioner or midwife. NOT VOTING—1 dle East Peace Process’’) to prevent fund- ‘‘(c) In applying subsection (b)(1), no account shall be taken of the effect on the per- Breaux raising in the United States on the behalf of organizations that support terror to under- son on whom the operation is to be per- So the amendment (No. 3474) was re- mine the peace process: Provided further, formed of any belief on the part of that or jected. That the entire amount is hereby designated any other person that the operation is re- The PRESIDING OFFICER (Mr. by Congress as an emergency requirement quired as a matter of custom or ritual. BROWN). The Senator from Nevada is pursuant to section 251(b)(2)(D)(I) of the Bal- ‘‘(d) Whoever knowingly denies to any per- recognized. anced Budget Act and Emergency Deficit son medical care or services or otherwise dis- Control Act of 1985, as amended: Provided fur- criminates against any person in the provi- Mr. REID. Mr. President, without sion of medical care or services, because— losing my right to the floor, I would ther, That the entire amount shall be available only to the extent an official budget re- ‘‘(1) that person has undergone female circumcision, excision, or infibulation; or like to yield to my friend from New quest, for a specific dollar amount, that in- ‘‘(2) that person has requested that female Hampshire. cludes designation of the entire amount of The PRESIDING OFFICER. Is there circumcision, excision, or infibulation be the request as an emergency requirement as performed on any person; objection? Without objection, it is so defined in the Balanced Budget and Emer- shall be fined under this title or imprisoned ordered. gency Deficit Control Act of 1985, as amend- not more than one year, or both.’’. AMENDMENT NOS. 3476 AND 3477 TO AMENDMENT ed, is transmitted to Congress. (2) The table of sections at the beginning of NO. 3466 chapter 7 of title 18, United States Code, is AMENDMENT NO. 3477 Mr. GREGG. Mr. President, I send amended by adding at the end of the fol- (Purpose: To amend title 18, United States two amendments to the desk and ask lowing new item: Code, to carry out certain obligations of ‘‘116. Female genital mutilation.’’. for their immediate consideration. the United States under the International The PRESIDING OFFICER. The (e)(1) The Secretary of Health and Human Covenant on Civil and Political Rights by Services shall do the following: clerk will report. prohibiting the practice of female cir- (A) Compile data on the number of females The legislative clerk read as follows: cumcision) living in the United States who have been The Senator from New Hampshire [Mr. At the appropriate place under the heading subjected to female genital mutilation GREGG], for Mr. LAUTENBERG, for himself, of ‘‘General Provisions’’ at the end of the (whether in the United States or in their Mr. HOLLINGS, and Mr. KERRY, proposes an bill, insert the following new section: countries of origin), including a specification amendment numbered 3476 to amendment SEC. .(a) This section may be cited as the of the number of girls under the age of 18 No. 3466. ‘‘Federal Prohibition of Female Genital Mu- who have been subjected to such mutilation. The Senator from New Hampshire [Mr. tilation Act of 1996’’. (B) Identify communities in the United GREGG], for Mr. REID, proposes an amend- (b) Congress finds that— States that practice female genital mutila- ment numbered 3477 to amendment No. 3466. (1) the practice of female genital mutilation, and design and carry out outreach action is carried out by members of certain Mr. GREGG. Mr. President, I ask tivities to educate individuals in the commu- cultural and religious groups within the nities on the physical and psychological unanimous consent that reading of the United States; health effects of such practice. Such out- amendments be dispensed with. (2) the practice of female genital mutila- reach activities shall be designed and imple- The PRESIDING OFFICER. Without tion often results in the occurrence of phys- mented in collaboration with representatives objection, it is so ordered. ical and psychological health effects that of the ethnic groups practicing such mutila- The amendments are as follows: harm the women involved; tion and with representatives of organiza- (3) such mutilation infringes upon the tions with expertise in preventing such prac- AMENDMENT NO. 3476 guarantees of rights and secured by Federal tice. At the appropriate places in Title II of the and State law, both statutory and constitu- (C) Develop recommendations for the edu- Hatfield Substitute amendment, insert the tional; cation of students of schools of medicine and following new sections: (4) the unique circumstances surrounding osteopathic medicine regarding female gen- DEPARTMENT OF JUSTICE the practice of female genital mutilation ital mutilation and complications arising place it beyond the ability of any single FEDERAL BUREAU OF INVESTIGATION from such mutilation. Such recommenda- State or local jurisdiction to control; tions shall be disseminated to such schools. SALARIES AND EXPENSES (5) the practice of female genital mutila- (2) For purposes of this subsection, the For an additional amount for emergency tion can be prohibited without abridging the term ‘‘female genital mutilation’’ means the expenses necessary to enhance the Federal exercise of any rights guaranteed under the removal of infibulation (or both) of the Bureau of Investigation’s efforts in the First Amendment to the Constitution or whole or part of the clitoris, the labia minor, United States to combat Middle Eastern ter- under any other law; and or the labia major. rorism, $7,000,000, to remain available until (6) Congress has the affirmation power (f) Subsection (e) shall take effect on the expended: Provided, That such activities under section 8 of article I of the Constitu- date of enactment of this Act, and the Sec- shall include efforts to enforce Executive tion, as well as under section 5 of the Four- retary of Health and Human Services shall Order 12947 (‘‘Prohibiting Transactions with teenth Amendment to the Constitution, to commence carrying out such section not Terrorists Who Threaten to Disrupt the Mid- enact such legislation. later than 90 days after the date of the enact- dle East Peace Process’’) to prevent fund- (c) It is the purpose of this section to pro- ment of this Act. Subsection (d) shall take raising in the United States on the behalf of tect and promote the public safety and effect on the date that is 180 days after the organizations that support terror to under- health and activities affecting interstate date of the enactment of this Act. mine the peace process: Provided further, commerce by establishing Federal criminal The PRESIDING OFFICER. The Sen- penalties for the performance of female gen- That the entire amount is hereby designated ator from New Hampshire. by Congress as an emergency requirement ital mutilation. (d)(1) Chapter 7 of title 18, United States Mr. GREGG. Mr. President, the first pursuant to section 251(b)(2)(D)(I) of the Bal- amendment is the Lautenberg-Hollings anced Budget Act and Emergency Deficit Code, is amended by adding at the end the Control Act of 1985, as amended: Provided fur- following new section: amendment which has been cleared on ther, That the entire amount shall be avail- ‘‘§ 116. Female genital mutilation both sides. The amendment would pro- able only to the extent an official budget re- ‘‘(a) Except as provided in subsection (b), vide $7 million for the FBI and $3 mil- quest, for a specific dollar amount, that in- whoever knowingly circumcises, excises, or lion for Treasury to combat Middle

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1834 CONGRESSIONAL RECORD — SENATE March 12, 1996 Eastern terrorism. Funds would only Transaction with Terrorists Who and her fiance, Matt Eisenfeld, from be available if and to the extent the Threaten to Disrupt the Middle East Connecticut. Another college student President designates such an emer- Peace Process.’’ Under that Executive from New Jersey, Alisa Flatow, was gency. order and subsequent notices that are killed last April in another Hamas sui- The second amendment is the Reid published by the Treasury Department, cide bombing. amendment dealing with female gen- American citizens are prohibited from My concern and the concern which ital mutilation. It has been cleared on making contributions to Hamas along this amendment addresses is that the both sides. with organizations and individuals that funds raised in this country may be I ask unanimous consent that both front for Hamas. Even more, the assets used by Hamas militants to take the amendments be agreed to. of such terrorists and terrorist organi- lives of both American and Israeli citi- The PRESIDING OFFICER. Is there zations are frozen by the Treasury De- zens. Although American citizens are objection? Without objection, both partment. That is in the Executive not detonating the bombs, they may be amendments are agreed to. order. providing the financial support which So the amendments (Nos. 3476 and Mr. President, I ask unanimous con- enables Hamas militants to pull the 3477) were agreed to. sent that a copy of the President’s Ex- pin. Mr. GREGG. Mr. President, I move to ecutive order be printed in the RECORD Since the Executive order went into reconsider the vote on the Hollings at the end of my statement. effect just over a year ago, some amendment. The PRESIDING OFFICER. Without progress has been made in stemming Mr. LAUTENBERG. I move to lay objection, it is so ordered. the flow of financial support from the that motion on the table. (See exhibit 1.) United States. Press reports indicate The motion to lay on the table was Mr. LAUTENBERG. Despite the ex- that $800,000 in assets have been agreed to. istence of this Executive order, Mr. blocked, unable to be transferred to Mr. GREGG. That motion ran to the President, from the United States, their Middle East recipients. Unfortu- Hollings amendment, which was offered funds are still being sent to Hamas, the nately, the dramatic increase in two amendments prior to this. organization that takes credit for sui- Hamas-supported violence reminds us The PRESIDING OFFICER. The cide bombings, for killing innocent that the job is far from done. Despite Chair thanks the Senator for the clari- people, for injuring scores of others. our efforts, Hamas militants continue fication. One report I heard on the radio this Mr. GREGG. I thank the Senator to gloat in the killing and continue to morning estimated that $10 million was make martyrs of the murderers. from Nevada for his cooperation. being sent annually by Americans to The graphic photographs of blood The PRESIDING OFFICER. The Sen- Hamas. from the Middle East compel us to re- ator from Nevada has the floor. By the way, that is tax-exempt, if my double our efforts to choke off support AMENDMENT NO. 3477 understanding is correct, tax-exempt in the United States for Hamas mili- Mr. REID. Mr. President, even funds to help terrorists work their das- tants. It is not enough to declare war though my friend from New Hampshire tardly deeds. Even the FBI acknowl- against fundraising Hamas’ militant has quietly offered an amendment that edges Americans are still contributing activities, but we need to put our has been accepted, it is extremely im- money to Hamas. In one article, Robert money where our mouth is and provide portant. It is an amendment that I Bryant, Assistant Director of the Fed- additional resources to get the job have been trying to pass for a number eral Bureau of Investigation’s National done, to stop terrorism. of years in this body. We have been Security Division, said, ‘‘U.S. financial successful, but it has been knocked out support is funding for Hamas.’’ The funding provided in this amend- in the other body. That deals with a I ask unanimous consent that a copy ment would enable our Government to subject which is difficult to talk about, of the article be printed in the RECORD accelerate investigations of individuals female genital mutilation. It is a hor- at the end of my remarks. and organizations that it has good rea- rible procedure that is perpetrated on The PRESIDING OFFICER. Without son to believe are attempting to fund women all over this world. What this objection, it is so ordered. the Hamas death machine. It would amendment does is stop it from being (See exhibit 2.) provide funding for additional analysts, done to women in the United States. Mr. LAUTENBERG. While some of equipment and intelligence-gathering I express my appreciation to my these contributions may not be used to equipment in the United States aimed friend from New Hampshire for making promote terrorism in the Middle East, at addressing this problem in the Mid- this part of the managers’ amendment I think we need to be more certain. dle East. to this legislation. Blood for the despicable murders in It will provide resources to allow for Mr. LAUTENBERG addressed the Israel that the world has witnessed in better tracing of funds once they leave Chair. the past few weeks is already on the the United States so that we can be The PRESIDING OFFICER. The Sen- hands of the Hamas militants. I do not more certain that American dollars are ator from New Jersey is recognized. want it on the hands of American citi- not ending up in the coffers of Hamas Mr. LAUTENBERG. Mr. President, I zens, as well. There are no words to ex- militants. It will provide resources to want to just take a few minutes. I have press sufficient outrage at the rash of promote greater efficiency in freezing waited patiently. I want to talk about Hamas-supported suicide bombings in the assets to stop bankrolling of ter- the Lautenberg-Hollings-Kerry amend- Israel. In four recent bus bombings, 48 rorism dead in its tracks. ment. Our amendment would provide $7 innocent people have been killed by Mr. President, this week our Presi- million for the Federal Bureau of In- Hamas madmen. Clearly, the United dent, Bill Clinton, will join world lead- vestigation and $3 million for the De- States has an interest in helping our ers at a summit in Egypt on terrorism. partment of the Treasury to address friend and ally, Israel, put an end to He has left already. He will, among the emergency of terrorism in the Mid- this madness. other things, call upon leaders in the dle East. We also have a more direct interest Middle East to redouble efforts to en- The funding would be used to en- at stake. Though Hamas militants aim sure that the financial wealth for these hance efforts to prevent illegal fund- to strike a blow to the peace process extremists is going to run dry. I ap- raising in the United States on behalf and in the psyche of the Israeli people, plaud his initiative and wish him well of organizations, such as the ill-famed its suicide bombs do not distinguish be- in this worthwhile endeavor. I hope Hamas organization, that support ter- tween soldier and citizen, between in- that he will say publicly that Syria’s ror to undermine the Middle East peace fant and adult, or even between Israeli unwillingness to come to the talks on process. and other nationals. terrorism, that their client state, Leb- Now, the funding we are proposing Unfortunately, two of the most re- anon, is essentially prohibited from would bolster the FBI and the Treasury cent victims of Hamas’ senseless vio- joining in these talks, is an action that Department’s efforts to promote great- lence were young adults from the we deplore. How can we believe and er enforcement of Executive Order United States. Two were from New Jer- how can the Israeli people believe that 12947, which is listed as ‘‘Prohibiting sey: Sarah Duker, from Teaneck, NJ, Syria will talk seriously about peace

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1835 when they will not come to a discus- to prevent another family from suffering the (d) the term ‘‘foreign person’’ means any sion about the reduction or elimination painful reality of terrorism. citizen or national of a foreign state (includ- of terrorism? Sincerely, ing any such individual who is also a citizen LISA KLINGHOFFER. or national of the United States) or any enti- I want the record to reflect accu- ILISA KLINGHOFFER. ty not organized solely under the laws of the rately, I think it is a terrible sign of ABRAHAM H. FOXMAN. United States or existing solely in the their intention about making peace. EXHIBIT 1 United States, but does not include a foreign Syria has to know that we here in the state. EXECUTIVE ORDER 12947 OF JANUARY 23, 1995— Sec. 3. I hereby determine that the making United States want them to be honest PROHIBITING TRANSACTIONS WITH TERROR- of donations of the type specified in section and forthcoming in their peace discus- ISTS WHO THREATEN TO DISRUPT THE MIDDLE 203(b)(2)(A) of IEEPA (50 U.S.C. 1702(b)(2)(A)) sion and not to come to a meeting that EAST PEACE PROCESS consists of tens of nations’ representa- by United States persons to persons des- By the authority vested in me as President ignated in or pursuant to this order would tives in the area, willing to discuss by the Constitution and the laws of the seriously impair my ability to deal with the peace, willing to discuss at least the United States of America, including the national emergency declared in this order, elimination of reduction of terrorism— International Emergency Economic Powers and hereby prohibit such donations as pro- I think reflects very badly on the seri- Act (50 U.S.C. 1701 et seq.) (IEEPA), the Na- vided by section 1 of this order. ousness of their view. tional Emergencies Act (50 U.S.C. 1601 et Sec. 4. (a) The Secretary of the Treasury, seq.), and section 301 of title 3, United States in consultation with the Secretary of State I can think of no better way of help- Code, ing our President succeed in his effort and, as appropriate, the Attorney General, is I, William J. Clinton, President of the hereby authorized to take such actions, in- to shut off the international funding United States of America, find that grave cluding the promulgation of rules and regu- spigot for Hamas’ terrorists than by acts of violence committed by foreign terror- lations, and to employ all powers granted to showing the world, as this amendment ists that disrupt the Middle East peace proc- me by IEEPA as may be necessary to carry would do, that we are doubling our ef- ess constitute an unusual and extraordinary out the purposes of this order. The Secretary forts to do the same at home. This threat to the national security, foreign pol- of the Treasury may redelegate any of these amendment will not solve all of the icy, and economy of the United States, and functions to other officers and agencies of hereby declare a national emergency to deal the United States Government. All agencies problems of terrorism in the Middle with that threat. East, but it demonstrates America’s re- of the United States Government are hereby I hereby order: directed to take all appropriate measures solve to ensure that our citizens are Section 1. Except to the extent provided in within their authority to carry out the pro- not directly or inadvertently financing section 203(b)(3) and (4) of IEEPA (50 U.S.C. visions of this order. the actions of terrorists. 1702(b)(3) and (4)) and in regulations, orders, (b) Any investigation emanating from a I am grateful that we obtained the directives, or licenses that may be issued possible violation of this order, or of any li- unanimous support of our colleagues to pursuant to this order, and notwithstanding cense, order, or regulation issued pursuant any contract entered into or any license or to this order, shall first be coordinated with enhance our ability to fight harder permit granted prior to the effective date: against the killers of innocent people the Federal Bureau of Investigation (FBI), (a) all property and interests in property of: and any matter involving evidence of a and to fight against the thugs that do (i) the persons listed in the Annex to this criminal violation shall be referred to the not understand that the civilized world order; FBI for further investigation. The FBI shall rejects their approach of murder to (ii) foreign persons designated by the Sec- timely notify the Department of the Treas- gain political objectives. retary of State, in coordination with the ury of any action it takes on such referrals. Secretary of the Treasury and the Attorney Mr. President, I ask unanimous con- Sec. 5. Nothing contained in this order General, because they are found: shall create any right or benefit, substantive sent to have printed in the RECORD a (A) to have committed, or to pose a signifi- or procedural, enforceable by any party pertinent letter from the Anti-Defama- cant risk of committing, acts of violence against the United States, its agencies or in- tion League. that have the purpose or effect of disrupting strumentalities, its officers or employees, or There being no objection, the motion the Middle East peace process, or any other person. was ordered to be printed in the (B) to assist in, sponsor, or provide finan- Sec. 6. (a) This order is effective at 12:01 RECORD, as follows: cial, material, or technological support for, a.m., eastern standard time on January 24, or services in support of, such acts of vio- 1995. THE LEON AND MARILYN lence; and (b) This order shall be transmitted to the KLINGHOFFER MEMORIAL FOUNDA- (iii) persons determined by the Secretary Congress and published in the Federal Reg- TION OF THE ANTI-DEFAMATION of the Treasury, in coordination with the ister. LEAGUE, Secretary of State and the Attorney Gen- WILLIAM J. CLINTON, Washington DC, March 12, 1996. eral, to be owned or controlled by, or to act January 23, 1995. Hon. FRANK LAUTENBERG, for or on behalf of, any of the foregoing per- ANNEX U.S. Senate, sons, that are in the United States, that TERRORIST ORGANIZATIONS WHICH THREATEN TO Washington, DC hereafter come within the United States, or DISRUPT THE MIDDLE EAST PEACE PROCESS DEAR SENATOR LAUTENBERG: On behalf of that hereafter come within the possession or the Leon and Marilyn Klinghoffer Founda- control of United States persons, are Abu Nidal Organization (ANO) tion of the Anti-Defamation League, we blocked; Democratic Front for the Liberation of Pal- want to thank you for your leadership in the (b) any transaction or dealing by United estine (DFLP) fight against terrorism and for seeking to States persons or within the United States Hizballah keep this country from being used as a base in property or interests in property of the Islamic Gama’at (IG) to raise funds and finance the activity of ter- persons designated in or pursuant to this Islamic Resistance Movement (HAMAS) rorist organizations. order is prohibited, including the making or Jihad Ten year after the senseless murder of our receiving of any contribution of funds, goods, Kach father, Leon Klinghoffer, aboard the Achille or services to or for the benefit of such per- Kahane Chai Lauro cruise ship, terrorism has hit home for sons; Palestinian Islamic Jihad-Shiqaqi faction other Americans. Unfortunately, our laws (c) any transaction by any United States (PIJ) are still inadequate to meet the changing na- person or within the United States that Palestine Liberation Front-Abu Abbas fac- ture of the terrorist threat. evades or avoids, or has the purpose of evad- tion (PLF-Abu Abbas) We welcome and strongly support your ing or avoiding, or attempts to violate, any Popular Front for the Liberation of Palesine amendment to increase funding for the FBI of the prohibitions set forth in this order, is (PFLP) and the Treasury Department’s Office of For- prohibited. Popular Front for the Liberation of Pal- eign Assets Control. This would provide addi- Sec. 2. For the purposes of this order: (a) estine-General Command (PFLP–GC) tional resource to facilitate and enhance the term ‘‘person’’ means an individual or their investigative abilities to uncover as- entity; OFFICE OF FOREIGN ASSETS CONTROL sets, property, and fundraising support in the (b) the term ‘‘entity’’ means a partnership, LIST OF SPECIALLY DESIGNATED TERRORISTS United States for foreign terrorist organiza- association, corporation, or other organiza- WHO THREATEN TO DISRUPT THE MIDDLE EAST tions designated (under President Clinton’s tion, group, or subgroup; PEACE PROCESS—WEDNESDAY, JANUARY 25, Executive Order 12947, January 23, 1995) as (c) the term ‘‘United States person’’ means 1995 ‘‘threatening to disrupt the Middle East any United States citizen, permanent resi- Agency: Office of Foreign Assets Control, Peace Process.’’ dent alien, entity organized under the laws Treasury. We are ready to assist you in your efforts of the United States (including foreign Action: Notice of blocking. to build support among your colleagues for branches), or any person in the United Summary: The Treasury Department is this initiative and are dedicated to helping States; and issuing a list of blocked persons who have

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1836 CONGRESSIONAL RECORD — SENATE March 12, 1996 been designated by the President as terrorist Al-Islamiyya, a.k.a. The Islamic Group); ganization, a.k.a. Organization of the Op- organizations threatening the Middle East Egypt. pressed on Earth, a.k.a. Islamic Jihad for the peace process or have been found to be owned Al-Jihad (a.k.a. Jihad Group, a.k.a. Van- Liberation of Palestine, a.k.a. Ansar Allah, or controlled by, or to be acting for or on be- guards of Conquest, a.k.a. Talaa’al al-Fateh); a.k.a. Followers of the Prophet Muhammad); half of, these terrorist organizations. Egypt. Lebanon. Effective date: January 24, 1995. ANO (a.k.a. Abu Nidal Organization, a.k.a. Islamic Jihad for the Liberation of Pal- For further information: J. Robert Black September, a.k.a. Fatah Revolu- estine (a.k.a. Party of God, a.k.a. Hizballah, McBrien, Chief, International Programs, tionary Council, a.k.a. Arab Revolutionary a.k.a. Islamic Jihad, a.k.a. Revolutionary Tel.: (202) 622–2420; Office of Foreign Assets Council, a.k.a. Arab Revolutionary Brigades, Justice Organization, a.k.a. Organization of Control, Department of the Treasury, 1500 a.k.a. Revolutionary Organization of Social- the Oppressed on Earth, a.k.a. Ansar Allah, Pennsylvania Avenue NW., Washington, DC ist Muslims); Libya; Lebanon; Algeria; a.k.a. Followers of the Prophet Muhammad); 20220. Sudan; Iraq. Lebanon. Supplementary information: Ansar Allah (a.k.a. Party of God, a.k.a. Islamic Jihad of Palestine (a.k.a. PIJ, Electronic availability Hizballah, a.k.a. Islamic Jihad, a.k.a. Revo- a.k.a. Palestinian Islamic Jihad—Shiqaqi, This document is available as an electronic lutionary Justice Organization, a.k.a. Orga- a.k.a. PIJ Shiqaqi/Awda Faction, a.k.a. Pal- file on The Federal Bulletin Board the day of nization of the Oppressed on Earth, a.k.a. Is- estinian Islamic Jihad); Israel; Jordan; Leb- publication in the Federal Register. By lamic Jihad for the Liberation of Palestine, anon. modem dial 202/512–1387 or call 202/512–1530 for a.k.a. Followers of the Prophet Muhammad); Islamic Jihad of Palestine (a.k.a. PIJ, disks or paper copies. This file is available in Lebanon. a.k.a. Palestinian Islamic Jihad—Shiqaqi, Postscript, WordPerfect 5.1 and ASCII. Arab Revolutionary Brigades a.k.a. ANO, a.k.a. PIJ Shiqaqi/Awda Faction, a.k.a. Pal- estinian Islamic Jihad); Israel; Jordan, Leb- Background a.k.a. Abu Nidal Organization, a.k.a. Black September, a.k.a. Fatah Revolutionary anon. On January 23, 1995, President Clinton Council, a.k.a. Arab Revolutionary Council, Islamic Resistance Movement (a.k.a. signed Executive Order 12947, ‘‘Prohibiting a.k.a. Revolutionary Organization of Social- Hamas); Gaza; West Bank Territories; Jor- Transactions with Terrorists Who Threaten ist Muslims); Libya; Lebanon; Algeria; dan. To Disrupt the Middle East Peace Process’’ Sudan; Iraq. Jihad Group (a.k.a. Al-Jihad, a.k.a. Van- (the ‘‘Order’’). The Order blocks all property Arab Revolutionary Council (a.k.a. ANO, guards of conquest, a.k.a. Talaa’al Al-fateh); subject to U.S. jurisdiction in which there is a.k.a. Abu Nidal Organization, a.k.a. Black Egypt. any interest of 12 terrorist organizations September, a.k.a. Faith Revolutionary Coun- Kach; Israel. that threaten the Middle East peace process cil, a.k.a. Arab Revolutionary Brigades, Kahane Chai; Israel. Organization of the Oppressed on Earth as identified in an Annex to the Order. The a.k.a. Revolutionary Organization of Social- (a.k.a. Party of God, a.k.a. Hizballah, a.k.a. Order also blocks the property and interests ist Muslims); Libya; Lebanon; Algeria; in property subject to U.S. jurisdiction of Islamic Jihad, a.k.a. Revolutionary Justice Sudan; Iraq. Organization, a.k.a. Islamic Jihad for the persons designated by the Secretary of Black September (a.k.a. ANO, a.k.a. Abu Liberation of Palestine, a.k.a. Ansar Allah, State, in coordination with the Secretary of Nidal Organization, a.k.a. Fatah Revolu- a.k.a. Followers of the Prophet Muhammad); Treasury and the Attorney General, who are tionary Council, a.k.a. Arab Revolutionary Lebanon. found (1) to have committed, or to pose a sig- Council, a.k.a. Arab Revolutionary Brigades, nificant risk of committing, acts of violence Palestine Liberation Front (a.k.a. Pal- a.k.a. Revolutionary Organization of Social- estine Liberation Front—Abu Abbas Faction, that have the purpose or effect of disrupting ist Muslims); Libya; Lebanon; Algeria; the Middle East peace process, or (2) to assist a.k.a. PLF-Abu Abbas, a.k.a. PLF); Iraq. Sudan; Iraq. Palestine Liberation Front-Abu Abbas in, sponsor or provide financial, material, or Democratic Front for the Liberation of technological support for, or services in sup- Faction (a.k.a. PLF-Abu Abbas, a.k.a. PLF, Palestine (a.k.a. Democratic Front for the a.k.a. Palestine Liberation Front); Iraq. port of, such acts of violence. In addition, Liberation of Palestine—Hawatmeh Faction, the Order blocks all property and interests Palestinian Islamic Jidad—Shiqaqi (a.k.a. a.k.a. DFLP); Lebanon; Syria; Israel. PIJ, a.k.a. Islamic Jihad of Palestine, a.k.a. in property subject to U.S. jurisdiction in Democratic Front for the Liberation of PIJ Shiqaqi/Awda Faction, a.k.a. Palestinian which there is any interest of persons deter- Palestine—Hawatmeh Faction (a.k.a. Demo- Islamic Jihad); Israel; Jordan; Lebanon. mined by the Secretary of the Treasury, in cratic Front for the Liberation of Palestine, Party of God (a.k.a. Hizballah, a.k.a. Is- coordination with the Secretary of State and a.k.a. DFLP); Lebanon; Syria; Israel. lamic Jihad, a.k.a. Revolutionary Justice the Attorney General, to be owned or con- DFLP (a.k.a. Democratic Front for the Organization, a.k.a. Organization of the Op- trolled by, or to act for or on behalf of, any Liberation of Palestine—Hawatmeh Faction, pressed on Earth, a.k.a. Islamic Jihad for the other person designated pursuant to the a.k.a. Democratic Front for the Liberation Liberation of Palestine, a.k.a. Ansar Allah, Order (collectively ‘‘Specially Designated of Palestine); Lebanon; Syria; Israel. a.k.a. Followers of the Prophet Muhammad); Terrorists’’ or ‘‘SDTs’’). Fatah Revolutionary Council (a.k.a. ANO, Lebanon. The Order further prohibits any trans- a.k.a. Abu Nidal Organization, a.k.a. Black PFLP (a.k.a. Popular Front for the Libera- action or dealing by a United States person September, a.k.a. Arab Revolutionary Coun- tion of Palestine); Lebanon; Syria; Israel. or within the United States in property or cil, a.k.a. Arab Revolutionary Brigades, PFLP-GC (a.k.a. Popular Front for the interests in property of SDTs, including the a.k.a. Revolutionary Organization of Social- Liberation of Palestine—General Command); making or receiving of any contribution of ist Muslims); Libya; Lebanon; Algeria; Lebanon; Syria; Jordan. funds, goods, or services to or for the benefit Sudan; Iraq. PIJ (a.k.a. Palestinian Islamic Jihad— of such persons. This prohibition includes do- Followers of the Prophet Muhammad Shiqaqi, a.k.a. Islamic Jihad of Palestine, nations that are intended to relieve human (a.k.a. Party of God, a.k.a. Hizballah, a.k.a. a.k.a. PIJ Shiqaqi/Awda Faction, a.k.a. Pal- suffering. Islamic, Jihad, a.k.a. Revolutionary Justice estinian Islamic Jihad); Israel; Jordan; Leb- Designations of persons blocked pursuant Organization, a.k.a. Organization of the Op- anon. to the Order are effective upon the date of pressed on Earth, a.k.a. Islamic Jihad for the PIJ Shiqaqi/Awda Faction (a.k.a. PIJ, determination by the Secretary of State or Liberation of Palestine, a.k.a. Ansar Allah); a.k.a. Palestinian Islamic Jihad—Shiqaqi, his delegate, or the Director of the Office of Lebanon. a.k.a. ISlamic Jihad of Palestine, a.k.a. Pal- Foreign Assets Control acting under author- Gama’At (a.k.a. Islamic Gama’at, a.k.a. estinian Islamic Jihad); Israel, Jordan; Leb- ity delegated by the Secretary of the Treas- Gama’at Al-Islamiyya, a.k.a. the Islamic anon. ury. Public notice of blocking is effective Group, a.k.a. Al-Gama’a Al-Islamiyya); PLF (a.k.a. PLF-ABu Abbas, a.k.a. Pal- upon the date of filing with the Federal Reg- Egypt. estine Liberation Front—Abu Abbas Faction, ister, or upon prior actual notice. Gama’at Al-Islamiyya (a.k.a. Islamic a.k.a. Palestine Liberation Front); Iraq. LIST OF SPECIALLY DESIGNATED TERRORISTS Gama’at, a.k.a. Gama’at, a.k.a. the Islamic PLF-Abu Abbas (a.k.a. Palestine Libera- WHO THREATEN THE MIDDLE EAST PEACE Group, a.k.a. Al-Gama’a Al-Islamiyya); tion Front—Abu Abbas Faction, a.k.a. PLF, PROCESS Egypt. a.k.a. Palestine Liberation Front); Iraq. Hamas (a.k.a. Islamic Resistance Move- Popular Front for the Liberation of Pal- Note: The abbreviations used in this list ment); Gaza; West Bank Territories; Jordan. estine (a.k.a. PFLP); Lebanon; Syria; Israel. are as follows: ‘‘DOB’’ means ‘‘date of birth,’’ Hizballah (a.k.a. Party of God, a.k.a. Is- Popular Front for the Liberation of Pal- ‘‘a.k.a.’’ means ‘‘also known as,’’ and ‘‘POB’’ lamic Jihad, a.k.a. Revolutionary Justice estine—General Command (a.k.a. PFLP-GC); means ‘‘place of birth.’’ Organization, a.k.a. Organization of the Op- Lebanon; Syria; Jordan. ENTITIES pressed on Earth, a.k.a. Islamic Jihad for the Revolutionary Justice Organization (a.k.a. Abu Nidal Organization (a.k.a. ANO, a.k.a. Liberation of Palestine, a.k.a. Ansar Allah, Party of God, a.k.a. Hizballah, a.k.a. Islamic Black September, a.k.a. Fatah Revolu- a.k.a. Followers of the Prophet Muhammad); Jihad, a.k.a. Organization of the Oppressed tionary Council, a.k.a. Arab Revolutionary Lebanon. on Earth, a.k.a. Islamic Jihad for the Libera- Council, a.k.a. Arab Revolutionary Brigades, Islamic Gama’at (a.k.a. Gama’at, a.k.a. tion of Palestine, a.k.a. Ansar Allah, a.k.a. a.k.a. Revolutionary Organization of Social- Gama’at Al-Islamiyya, a.k.a. the Islamic Followers of the Prophet Muhammad); Leb- ist Muslims); Libya; Lebanon; Algeria; Group, a.k.a. Al-Gama’a Al-Islamiyya); anon. Sudan; Iraq. Egypt. Revolutionary Organization of Socialist Al-Gama’A Al-Islamiyya (a.k.a. Islamic Islamic Jihad (a.k.a. Party of God, a.k.a. Muslims (a.k.a. ANO, a.k.a. Abu Nidal Orga- Gama’AT, a.k.a. Gama’AT, a.k.a. Gama’AT Hizballah, a.k.a. Revolutionary Justice Or- nization, a.k.a. Black September, a.k.a.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1837 Fatah Revolutionary Council, a.k.a. Arab Nasrallah, Hasan; Secretary General of The U.S. Treasury Department, whose Of- Revolutionary Council, a.k.a. Arab Revolu- Hizballah; DOB 31 August 1960 or 1953 or 1955 fice of Foreign Assets Control executes the tionary Brigades); Libya; Lebanon; Algeria; or 1958; POB Al Basuriyah, Lebanon; Pass- presidential order, said Monday that since Sudan; Iraq. port No. 042833 (Lebanon). January 1995, $800,000 worth of Hamas-re- Talaa’al al-Fateh (a.k.a. Jihad Group, Nidal, Abu (a.k.a. Al Banna, Sabri Khalil lated assets, involving three individuals, a.k.a. Al-Jihad, a.k.a. Vanguards of Con- Abd Al Qadir); Founder and Secretary Gen- have been frozen. quest); Egypt. eral of Abu Nidal Organization; DOB May But a Treasury spokesman could not im- The Islamic Group (a.k.a. Islamic Gama’at, 1937 or 1940; POB Jaffa, Israel. mediately say whether the effort was consid- a.k.a. Gama‘at, a.k.a. Gama’at al-Vanguards Qasem, Talat Fouad; Propaganda Leader of ered successful and what the total amount of of Conquest (a.k.a. Jihad Group, a.k.a. Al- Islamic Gama’at; DOB 2 June 1957 or 3 June Hamas fund-raising in the United States was Jihad, a.k.a. Talla’al al-Fateh); Egypt. 1957; POB Al Mina, Egypt. believed to be. Nor could he say if the three INDIVIDUALS Shaqaqi, Fathi; Secretary General of Pal- individuals whose assets were frozen have estinian Islamic Jihad—Shiqaqi. been charged with any crimes. Abbas, Abu (a.k.a. Zaydan, Muhammad); Tufayli, Subhi; Former Secretary General Mr. HOLLINGS. Mr. President, I Director of Palestine Liberation Front— Abu and Current Senior Figure of Hizballah; DOB Abbas Faction: DOB 10 December 1948. 1947; POB Biqa Valley, Lebanon. want to thank the Senator from New Al Banna, Sabri Khalil Abd Al Qadir (a.k.a. Yasin, Shaykh Ahmad; Founder and Chief Jersey for bringing this issue to the Nidal, Abu); Founder and Secretary General Ideological Figure of Hamas; DOB 1931. Senate and I am pleased to cosponsor of Abu Nidal Organization; DOB May 1937 or Zaydan, Muhammad (a.k.a. Abbas, Abu); this amendment. Getting directly to 1940; POB Jaffa, Israel. Director of Palestine Liberation Front—Abu the point, this amendment provides an Al Rahman, Shaykh Umar Abd; Chief Ideo- Abbas Faction; DOB 10 December 1948. logical Figure of Islamic Gama’at; DOB 3 additional $10 million to the Federal Zumar, Colonel Abbud (a.k.a. Al-zumar, Bureau of investigation and the De- May 1938; POB Egypt. Abbud); Factional Leader of Jihad Group; Al Zawahiri, Dr. Ayman: Operational and Egypt; POB Egypt. partment of Treasury to combat inter- Military Leader of Jihad Group; DOB 19 June Dated: January 23, 1995. national terrorism. 1951; POB Giza, Egypt; Passport No. 1084010 R. RICHARD NEWCOMB, We have all been shocked and sad- (Egypt). Director, Office of Foreign Assets Control. dened to see the death and destruction Al-Zumar, Abbud (a.k.a Zumar, Colonel Approved: January 23, 1995. caused by Hamas terrorists in Israel. Abbud); Factional Leader of Jihad Group; These fanatics, and that is just what Egypt; POB Egypt. JOHN BERRY, Awda, Abd Al Aziz; Chief Ideological Fig- Deputy Assistant Secretary (Enforcement). they are—these zealots are doing ev- ure of Palestinian Islamic Jihad—Shiqaqi; EXHIBIT 2 erything they can to stop the peace DOB 1946. FBI SAYS HAMAS RAISING FUNDS IN UNITED process. The scenes from the Middle Fadlallah, Shaykh Muhammad Husayn; STATES East are simply revolting. Several Leading Ideological Figure of Hizballah; WASHINGTON.—A top FBI official acknowl- times in the past few weeks we have DOB 1938 or 1936; POB Najf Al Ashraf (Najaf), edged Wednesday that Americans are con- watched innocent people—men, women, Iraq. tributing money to Hamas, the Islamic Re- and children both Israeli and Amer- Habash, George (a.k.a. Habbash, George); sistance Movement, which has claimed re- ican—killed in senseless terrorist Secretary General of Popular Front for the sponsibility for recent deadly attacks in Liberation of Palestine. bombings. It is as if the people of Israel Israel. are being subjected to a tragedy like Habbash, George (a.k.a. Habash, George); ‘‘U.S. financial support is funding for Secretary General of Popular Front for the Hamas,’’ Robert Bryant, assistant director of the Oklahoma City bombing—over and Liberation of Palestine. the Federal Bureau of Investigation’s na- over again. They cannot even safely Hawatma, Nayif (a.k.a. Hawatmeh, Nayif, tional security division, told reporters. He take public transportation without a.k.a. Hawatmah, Nayif, a.k.a. Khalid, Abu); said most of the donors believe the money is risking their lives. Secretary General of Democratic Front for being used for charitable purposes. President Clinton and Secretary of the Liberation of Palestine—Hawatmeh Fac- ‘‘I think the people believe in good faith State Christopher will be in Egypt to- tion; DOB 1933. it’s going to charitable purposes. I think Hawatmah, Nayif (a.k.a. Hawatma, Nayif; morrow to convene an international there will be a very determined effort to cut conference to combat terrorism. The a.k.a. Hawatmeh, Nayif, a.k.a. Khalid, Abu); it off,’’ he told the Defense Writers Associa- Secretary General of Democratic Front for tion, declining to specify how this would be President recently sent the Deputy Di- the Liberation of Palestine—Hawatmeh Fac- done. rector of the CIA to meet with Israeli tion; DOB 1933. Israeli Ambassador Itamar Rabinovich told and Palestinian officials to see what Hawatmeh, Nayif (a.k.a. Hawatma, Nayif; a news conference this week that Americans technical assistance the United States a.k.a. Hawatmah, Nayif, a.k.a. Khalid, Abu); were contributing funds to Hamas. ‘‘It’s not can provide. I applaud him for the lead- Secretary General of Democratic Front for a question of opinion. It’s a question of facts. ership he has shown on this issue and I the Liberation of Palestine—Hawatmeh Fac- And I’m afraid they still do,’’ he said. hope he can achieve concrete progress tion; DOB 1933. ‘‘That Hamas became very sophisticated in Islambouli, Mohammad Shawqi; Military fund-raising and disguising the true purpose at the conference. Leader of Islamic Gama’at; DOB 15 January of fund-raising and these are facts. These are Mr. President, I am appalled when I 1955; POB Egypt; Passport No. 304555 (Egypt). not a matter of opinion,’’ Rabinovich said. hear reports that funding to support Jabril, Ahmad (a.k.a. Jibril, Ahmad); Sec- Hamas has claimed responsibility for re- Hamas and other Middle-Eastern ter- retary General of Popular Front for the Lib- cent attacks in Israel including a suicide rorism is coming from the United eration of Palestine—General Command; bombing Monday that killed 12 people in Tel States. It is hard for this Senator to DOB 1938 POB Ramleh, Israel. Aviv and one Sunday that killed 18 people in believe that any American would Jibril, Ahmad (a.k.a. Jabril, Ahmad); Sec- Jerusalem. The attacks, which followed the knowingly contribute money to sup- retary General of Popular Front for the Lib- killing of a key Hamas figure with a booby- eration of Palestine—General Command; trapped cellular telephone in January, have port these cold blooded killers. But, ap- DOB 1938; POB Ramleh, Israel. stalled Middle East peace negotiations. parently that is the case. Khalid, Abu (a.k.a. Hawatmeh, Nayif, President Bill Clinton, responding to pre- So, this amendment provides Judge a.k.a. Hawatma, Nayif, a.k.a. Hawatmah, vious attacks against Israel, signed an exec- Freeh and his FBI with the resources Nayif); Secretary General of Democratic utive order in January 1995 blocking assets needed to get to the bottom of this Front for the Liberation of Palestine— in the United States of ‘‘terrorist organiza- issue. It will help them uncover groups Hawatmeh Faction; DOB 1933. tions that threaten to disrupt the Middle and institutions that are providing Mughniyah, Imad Fa’iz (a.k.a. Mughniyah, East peace process’’ and prohibiting finan- millions of dollars to support terrorism Imad Fayiz); Senior Intelligence Officer of cial transactions with them. Hizballah; DOB 7 December 1962; POB Tayr Hamas, which was founded in 1987 and in the Middle East. And, it provides the Dibba, Lebanon; Passport No. 432298 (Leb- funds its strength among Palestinians in the Treasury Department with funding so anon). West Bank and Gaza Strip, was one of a they can moving expeditiously to Mughniyah, Imad Fayiz (a.k.a. Mughniyah, dozen groups listed in the order. freeze the assets of foundations and Imad Fa’iz); Senior Intelligence Officer of In last year’s terrorism report, the State others that knowingly support Hamas Hizballah: DOB 7 December 1962; POB Tayr Department said Hamas receives funds from and criminals that seek to derail the Dibba, Lebanon; Passport No. 432298 (Leb- Palestinian expatriates, Iran and private peace process through committing ter- anon). benefactors in Saudi Arabia and other mod- Naji, Talal Muhammad Rashid; Principal erate Arab states. rorist acts. It bolsters these agencies Deputy of Popular Front for the Liberation In addition to launching violent attacks enforcement of Executive Order 12947 of Palestine—General Command; DOB 1930; against Israel, Hamas provides medical and which is titled ‘‘Prohibiting Trans- POB Al Nasiria, Palestine. . social services to Palestinians. actions with Terrorists Who Threaten

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1838 CONGRESSIONAL RECORD — SENATE March 12, 1996 to Disrupt the Middle East Peace Proc- Mr. REID. If I could, just before able to do that. But we are going to at- ess.’’ It is at least one way that we in doing this, and I say to my friend, it is tempt to reauthorize this bill. Whether the Senate can do something to re- my understanding there will be no sec- it is the bill offered by my friend from spond to this emergency. ond-degree amendments. Idaho or a bill offered by the Senator Mr. President, I urge my colleagues The PRESIDING OFFICER. Does the from Nevada, we are going to get into to support this amendment. Senator wish to propose a unanimous- reauthorizing the Endangered Species AMENDMENT NO. 3478 TO AMENDMENT NO. 3466 consent agreement? Act. There are some things we need to (Purpose: To restore funding for, and other- Mr. REID. I would propose that, sub- do, in effect, to modernize the Endan- wise ensure the protection of, endangered ject to the question of the Senator gered Species Act. species of fish and wildlife) from New Jersey. I doubt there is any Member of this Mr. REID. Mr. President, I send an Mr. LAUTENBERG. My question has body who has not been contacted by amendment to the desk on my behalf nothing to do with the amendment of one group or another regarding the and that of Senators LAUTENBERG, the Senator. It has to do with some moratorium on the Endangered Species LIEBERMAN, GRAHAM, BOXER, and MOY- time availability. I understand the Act. Most of us in this body, during the NIHAN. Senator needs 40 minutes or some such last few days, have been visited by the The PRESIDING OFFICER. The time? homebuilders. They are concerned clerk will report. Mr. REID. Does the Senator wish about the Endangered Species Act, as The assistant legislative clerk read some time? are other special interest groups that as follows. Mr. LAUTENBERG. I would appre- come to us on a frequent basis, some in The Senator from Nevada [Mr. REID], for ciate a chance, about 10 minutes, if favor of the Endangered Species Act himself, Mr. LAUTENBERG, Mr. LIEBERMAN, possible, just to make a statement. If and some opposed to it. But never is Mr. GRAHAM, Mrs. BOXER, and Mr. MOYNIHAN, that is acceptable to my friend from there anyone who has come to me and proposes an amendment numbered 3478. Nevada, then I would ask for recogni- said, ‘‘We want to do away with the En- Mr. REID. Mr. President, I ask unan- tion from the Chair. If not, Mr. Presi- dangered Species Act.’’ imous consent that reading of the dent, I suggest the absence of a There are a great many arguments amendment be dispensed with. quorum. being tossed about to keep the morato- The PRESIDING OFFICER. Without Mr. REID. Mr. President, if the Sen- rium in place. I have heard some say objection, it is so ordered. ator will withdraw the request, I in- that the moratorium would be leverage The amendment is as follows: quire if the Senator from New Jersey to get the Endangered Species Act re- On page 75, strike lines 1 through 9. wishes 10 minutes of the 45 minutes? authorized. That certainly has not On page 412, line 23, strike ‘‘$497,670,000’’ Mr. LAUTENBERG. No, 10 minutes proven to be the case to this point. In and insert ‘‘$501,420,000’’. off, on a totally different subject. On page 412, line 24, after ‘‘1997,’’, insert fact, I think they are wrong. The mora- the following: ‘‘of which $4,500,000 shall be Mr. REID. Mr. President, if I could torium has nothing to do with efforts available for species listings under section 4 propose a unanimous consent request? to reauthorize the Endangered Species of the Endangered Species Act of 1973 (16 Would that be appropriate? I ask unan- Act. We need to reauthorize the Endan- U.S.C. 1533),’’. imous-consent there be 1-1⁄2 hours gered Species Act, and I underline and On page 413, strike ‘‘1997:’’ on line 11 and equally divided, no second-degree underscore that. If an Endangered Spe- all that follows through line 20 and insert amendments. cies Act reform bill comes to the Sen- ‘‘1997.’’. The PRESIDING OFFICER. Is there ate floor, it will be because that is the On page 461, line 24, strike ‘‘$1,255,005,000’’ objection? and insert ‘‘$1,251,255,000’’. right thing to do. And it is the right On page 462, line 5, before the colon, insert Mr. HATFIELD. Mr. President, re- thing to do. the following: ‘‘, of which not more than serving the right to object. I have heard some want reform and $81,250,000 shall be available for travel ex- The PRESIDING OFFICER. The better science procedures in place be- penses’’. unanimous-consent request is for 1-1⁄2 fore we lift the moratorium. That type Mr. REID. Mr. President, what this hours equally divided, with the chair- of argument is backward and it is il- amendment does say to my colleagues man of the Appropriations Committee logical. We, in this body, on this floor, is, do away with, repeal the morato- controlling half the time and the Sen- placed a moratorium on listing further rium that is on listing of endangered ator from Nevada controlling the other species without a hearing, without any species under the Endangered Species half. Does the request also include a procedures that are normal to this Act. I indicated to the Appropriations provision that no second-degree amend- body or the other body. We simply said Committee when it was meeting to dis- ments be in order? we are going to have a moratorium. cuss this omnibus bill that I would Mr. HATFIELD. Mr. President, I can- Why? Based on these stories that come offer this amendment. not agree to that, relating to the sec- from people about what is wrong with Mr. HATFIELD. Mr. President, will ond-degree amendments. the Endangered Species Act. the Senator yield for a question? The PRESIDING OFFICER. Objec- I had some people come to my office Mr. REID. I would be happy to yield tion is heard with regard to the second- today, and they said they wanted me to to the chairman for a question. degree aspect. be real careful about the Endangered Mr. HATFIELD. Mr. President, I The Senator from Nevada is recog- Species Act, be careful if we remove thank the Senator for yielding. I be- nized. the moratorium because they had lieve, in the previous conversation, the Mr. REID. Mr. President, as I indi- heard there was some flower in south- Senator from Nevada indicated he cated when I stood on the floor of the ern California that had been identified would need 40 minutes for the presen- Appropriations Committee, chaired by by the Fish and Wildlife Service that tation of his amendment. I have just the Senator from Oregon, I indicated at caused a reduction of the speed on I–15 cleared on our side the additional 40 that time I would offer this amend- to 15 miles an hour because, if they minutes for the opposition, so that ment. I am offering the amendment be- drove faster than that, it would blow would be a total of 1 hour 20 minutes to cause we have had ample opportunity the petals off the flower. We hear these be equally divided, or 40 minutes each. to understand what the effect is of hav- stories all the time. They are ridicu- Will the Senator from Nevada agree ing a moratorium on the Endangered lous. There is no foundation to them. to that as a time limit? Species Act. They are scare tactics. Mr. REID. Mr. President, since talk- Mr. President, I am the ranking I repeat, I am in favor of doing some- ing to the chairman, I say through the member on the subcommittee that will thing to change the Endangered Spe- Chair to the chairman, that I have reauthorize the Endangered Species cies Act. We need to do that. We need been—if I can have 45 minutes? So I Act. I understand the Endangered Spe- more input from the public. We need ask the unanimous-consent request be cies Act and that we need to reauthor- States to be involved. We need to make altered to allow 45 minutes on a side. ize it. I have worked with my friend, sure that someone who has an endan- Mr. LAUTENBERG. I wonder if my the distinguished junior Senator from gered species on their property has friend from Nevada would just respond Idaho, to come up with a bipartisan some incentives for coming to the Fed- to an inquiry? bill. I do not know if we are going to be eral Government and saying, ‘‘I found

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1839 this endangered species on my land and was wrong. However, the public under- on the use of DDT and the protection I want to work with you to do some- stands the implications of this morato- afforded the eagle by the Endangered thing about it,’’ and they are not, in ef- rium. Species Act by 1994 increased the popu- fect, penalized for telling us. We need Mr. President, this may not be im- lation nationwide to just over 4,400 to do some of those kinds of things to portant to most, but already the nesting pairs. From a little over 400, we make the Endangered Species Act League of Conservation Voters has an- are now to almost 4,500. more consumer friendly. And we can do nounced its intention to consider the The impressive increase in the eagle that. vote on this amendment in its score- population caused the Fish and Wild- But that has nothing to do with this card. life Service to propose in 1994 the eagle amendment. This amendment, in ef- I would like to talk a little bit about be reclassified in 43 States from endan- fect, says that we should remove this why the Endangered Species Act is im- gered to threatened with even actual careless, illogical moratorium. While portant and why not listing species is removal from the list altogether. The we debate the reauthorization of the tragic; not only wrong, it is tragic. eagle population is strong and increas- Endangered Species Act, there are spe- There are many examples, but I have ing at incredible rates, and we may sit cies needing protection, facing greater picked just a few. The night is late. back and wonder what all the concern risks, and threatened and endangered In 1992, in Kansas, a bird named the was about when you see these magnifi- species could be decreasing to irrep- ‘‘least tern’’ had declined from 11 pairs cent birds floating around. But if the arable numbers. The science, all the to 1 breeding pair. The restoration on concern had not been there, if the pro- science in the world, is irrelevant if a the Cimarron River nesting site re- tection of the Endangered Species Act specie becomes extinct, because extinc- versed the saltwater invasion. Preda- had not been available, there would be tion is forever. tors were excluded. Following this res- more concern today. There would be no Not a single plant or animal has been toration work, the colony increased to American bald eagles. None. added to the list since April 10, 1995. six breeding pairs which now has pro- I have mentioned only a few of the There might be some people cheering duced seven young. successes, Mr. President, of animals about this, saying, ‘‘Good.’’ The fact of Another example is the 11 original and birds. Why are these and other suc- the matter is, that is not good. I know trees that remained of the rare Vir- cesses important? I received a letter there are probably going to be efforts ginia round leaf birch in southwest Vir- signed by 38 physicians, scientists and to, what we call in the jargon of the ginia. Some people may say, ‘‘Well, those associated with health care Congress, to second-degree my amend- who cares?’’ I repeat, extinction is for- across the community, health care pro- ment, the purpose of which would be to ever. viders, advocating the repeal of the say, ‘‘Let us have emergency listings.’’ Due to the listing and recovery work moratorium. That will give some people, programs, done on this tree to preserve and cul- The letter says, among other things: a way to hide, saying they now can tivate the seedlings, the population of What is often lost in the debate over spe- have emergency listings. the species is now 1,400 trees in 20 dif- cies conservation is the value of species to Of course, I am sure the amendment ferent locations. Remember, there were human health. will be very clear in not providing any 11 trees when this was listed. Recovery They continue: money to do this, which is different enabled the Fish and Wildlife Service Recent studies have shown that a substan- from the amendment I am offering. to propose the reclassification from en- tial proportion of the Nation’s medicine is This amendment, in effect, would end dangered to threatened, and imminent derived from plants and other natural re- the counterproductive moratorium in delisting is a viable possibility. sources. The medicines of tomorrow are adding new species to the endangered Mr. President, the brown pelican, a being discovered today from nature. species for both the Fish and Wildlife bird found mostly in Texas but other In regard to the Endangered Species Service and the National Marine and places as well, was first listed in 1970. Act, the physicians continue: In 1994, we had 125 of these birds that Fisheries Service. It will also provide The Endangered Species Act is the best sufficient funding for the Fish and nested at a place called Little Pelican tool we have to protect species, imperiled Wildlife Service for listing activities Island in Galveston Bay. It was listed plants and animals, but the moratorium on for the balance of the year; that is in 1970. the endangered species list has put at risk some $4.5 million. The offset would be In 1994, for the first time in more many species which medical researchers $3.75 million of the Fish and Wildlife than 40 years, we have these brown have had no opportunity to explore. travel expenses, and $750,000 would be pelicans nesting and producing more They conclude: reprogrammed within the Fish and than 90 young. We are probably going When a species is lost to extinction, we Wildlife Service. The National Marine to save this bird. I think that is impor- have no idea what potential medical cures Fisheries Service, with funding of $1 tant. are lost along with it. million, would administer the re- In Nebraska, on the Platte River, the Why do these 38 physicians talk that programming. nesting habitat for the endangered mi- way? Fifty percent of prescription med- The moratorium is poor policy be- grating whooping crane, sandhill crane, icine sold in the United States contain cause it does nothing to promote the and other waterfowl, has been seriously at least one compound originally de- endangered species reform that we need depleted over the past 20 years. But due rived from a plant. Dr. Thomas Eisner, to go forward on, and it only increases to the protection of habitat upon which director of the Cornell Institute of Re- the costs and uncertainty of recovery the birds are dependent, agreements search and Chemical Ecology, has writ- of species. were signed by environmental groups ten: The moratorium is a poor piece of and individual private property owners The chemical treasury of nature is lit- legislation that should be removed so to clear the vegetation, and now, erally disappearing before we have even had that public policy for endangered spe- though the whooping crane is still en- a chance to assess it. We cannot afford in cies can resume with certainty and dangered, progress has been made in re- years ahead to be deprived of the inventions with stability. The moratorium fails to covering population. of nature. acknowledge the permanency of extinc- Recently, there was a press event When I was coming back on the air- tion and has increased the risk that celebrating the delisting of the per- plane yesterday from Nevada, I read an unlisted species face. egrine falcon due to the recovery made Audubon Society magazine. Someone The public has awakened to this in its population. had given the magazine to me because agenda in this Congress, which is Even more popular is the success of there was a wonderful article in that antienvironmental. The agenda is to the American bald eagle. In 1963, be- magazine about deserts, and, in fact, undermine the environmental progress cause of DDT in the food chain, eagles about the deserts in Nevada, the Great made over the past 25 years. The mora- were caused to lay eggs that were sim- Basin. But what grabbed my attention torium which passed last year with lit- ply too thin to allow hatching. There was not the article on the Great Basin tle public comment, and I should say was a dramatic decline in this very but an article on endangered species no public comment and no attention powerful, strong bird, to 417 nesting and what they had done to preserve from the environmental community, pairs of this magnificent animal. A ban human life throughout the world.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1840 CONGRESSIONAL RECORD — SENATE March 12, 1996 Forty percent of medical drugs were others are we missing by failing to pro- we want to do away with the Endan- first extracted—these are not prescrip- tect them? There are many, many oth- gered Species Act. tion drugs—first extracted from other ers. What some people have come and life forms. Of the 150 most frequently We know that bears and other hiber- said is that they want some certainty used pharmaceuticals—now listen to nating animals are being studied for in the process. The moratorium, this—of the 150 most frequently used treatment of kidney failure and though, Mr. President, increases the pharmaceuticals, 80 percent come from osteoporosis. It is a remarkable part of uncertainty because of the backlog or were first identified as living orga- nature how these animals can be, in ef- that is now occurring. nisms. fect, near a state of death, yet their What we are going to hear are efforts Digitalis—there are a lot of impor- kidneys function well and their bones to say, well, what we are going to do is tant heart medicines, but digitalis is do not go soft on them. we are going to allow emergency list- right up on the list of the most impor- We have toads that are being re- ings. During the time we have had the tant. It comes from a plant called the searched, specifically a Houston toad Endangered Species Act in effect, there foxglove plant, a lifesaving compound which is on the brink of extinction have been very, very few emergency from a plant. that produces alkaloids that may pre- listings. Listings need to take place in Cyclosporin. In the Democratic con- vent heart attacks. They also appear to an orderly, scientific process and pro- ference today, the senior Senator from have analgesic properties more power- cedure. That is what we need to do. Illinois asked us to look at some lit- ful than morphine. We need to reform the Endangered erature that he had dealing with organ We have frogs that were being stud- Species Act. We need to make sure, as transplants. The Senator from Illinois ied for neurological disease. I have said before, that there is more is 68 years old. He asked the people who Bats are being studied for treatment State and non-Federal party involve- came in, ‘‘Are any of my organs worth of heart attacks and strokes because ment in the process. We need to have transplanting?’’ They said yes and pro- the salivary compounds that prevent peer review and short, objective ceeded to tell him why and how. blood clotting from these bats have science. We need workers to work with He was asking us to sign up to be, at yielded new anticoagulants, more pow- landowners and have a short-form con- the time of our demise, willing to give erful by far than those currently avail- servation plan. We need safe harbor for our organs for other people. A number able for the breakdown of blood clots in landowners who have agreed to imple- of us had already agreed to do that heart attacks and strokes. These bats ment conservation measures. prior to the presentation by the Sen- are found in very remote places. We also need voluntary conservation ator from Illinois. Pit vipers for high blood pressure agreements and recovery teams that But the reason I mention his presen- treatments I have already talked make the recovery of species a prac- tation to us today is because about. tical and a cooperative effort between cyclosporin, a drug that makes organ Fireflies. The chemicals that cause the many interested parties. transplantation possible, which is an fireflies to emit light have been used This is what happened, for example, antirejection drug that helps make for tuberculosis, leading to faster tu- Mr. President, in Clark County where a organ transplants feasible, comes from berculosis treatment. species that was listed was the desert a fungus. Mr. President, we have already iden- tortoise. It was difficult, but now, that The Pacific yew tree was once consid- tified another periwinkle bush, not the ered a junk tree by the foresters, but is being used as a model in other parts rosy, but the Madagascar perwinkle. chemists have found that one of the of our country. This one is for other forms of cancer. I urge my colleagues to recognize the tree’s chemicals found only in that Mr. President, I have mentioned only need for substantive reform of the En- tree, a thing called taxol, can be used a few of the multitude of plants that in the fight against ovarian and other dangered Species Act, to understand are now available for scientific study cancers. And it works very well. the devastating effect of this morato- There is now an endangered mint that are going to lead to break- rium, to support an immediate repeal that is nearly extinct in central Flor- throughs that will cure people of dis- of this devastating moratorium and ida. In fact, that mint has been reduced ease. I think we have to understand provide sufficient funding. to a few hundred acres. Doctor Eisner, what we did last April in shutting down Remember, we, Mr. President, want from Cornell, has discovered many po- the endangered species list. to end the counterproductive morato- tent, useful chemicals in this plant, the You would think that good con- rium in adding new species. We will utility of which have not been deter- science would force us to come and provide sufficient funding to allow that mined totally. He reports that as sci- start talking about why we should get to take place until the end of this year. entists examine the mint’s leaves, they rid of the moratorium. But it has been The moratorium is poor policy because isolated 20 kinds of fungi living inside ignored. We are in this never-never it does nothing to promote the Endan- the leaves. Now, remember, cyclosporin land that we are going to someday re- gered Species Act reform that needs to came from a fungus. Remember, it was authorize the Endangered Species Act. take place. The moratorium is a poor a mold that allows us to have peni- When? Well, we are going to do it. We piece of legislation that should be re- cillin. will get around to it. moved so that the public policy toward Ergot, which is a fungus of wheat, Mr. President, things have changed a endangered species can resume with provides us the heart medicine to block little bit. The Endangered Species Act certainty and with stability. The mora- adrenaline in coronary disease. And it is not something that is being pro- torium fails to acknowledge the perma- was snake venom from which blood moted by the left wing of the body poli- nency of extinction and has increased pressure medications were obtained. tic. It is being promoted by people from the risk that unlisted species face. Captopril and enalapril are from a all walks of life, of all political persua- So I ask my colleagues to not fall for poison from a snake. These are life-sav- sions, including some evangelical and some face-saving second-degree amending medications to a significant num- political organizations asking that we ment that will say we are going to ber of our population. protect the species that have been allow emergency listing. Remember, In Nevada, we have a tiny, tiny little placed on this Earth. we need to do it in a way that is safe fish called a pupfish. That fish is being These religious people ask that we and sound and certainly one that is sci- studied in hopes of finding new treat- utilize our stewardship wisely and re- entific. Doing something that is rarely ments for kidney disease. move the moratorium from the listing done, that is, emergency listing, will I have spoken on several occasions, process. We are doing nothing with this not do the trick. before the committee and on this floor, moratorium for the benefit of anyone. I The PRESIDING OFFICER. Has the about childhood leukemia and how defy anyone to tell me that there are Senator from Nevada completed his they have been able to find a magnifi- people—organizations; I will not say statement? cent cure for childhood leukemia from people—there are organizations that Mr. REID. I yield the floor. the periwinkle bush plant. support the elimination of the Endan- Mrs. HUTCHISON. Mr. President, I All these examples, Mr. President, gered Species Act. I have not found am willing to yield to the Senator from should focus us on the question of what any. No one has come to me and said Montana for some period of time.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1841 Mr. BAUCUS. Mr. President, I very ington. We also had a hearing on the have been done that are far beyond the much appreciate the very gracious Sen- bill in Ronan, MT. bounds of common sense. The morato- ator from Texas—5 or 6 minutes would Now, as some of you may know, rium was to give us the timeout so be appropriate. Ronan is in western Montana, south of that we would be able to put listings on Mrs. HUTCHISON. I will yield that to Flathead Lake, in the heart of grizzly under the new reauthorization, to pass the Senator from Montana. country. We had the hearing in July, without opposition in the House of The PRESIDING OFFICER. The Sen- on a Saturday, at the local high school. Representatives, and with 60 votes here ator from Montana is recognized for 6 It was packed. in the Senate—a clear mandate to say, minutes. Hundreds of people attended. And wait a minute, let us stop doing things Mr. BAUCUS. I thank the Senator more than 70 testified. Some rep- that do not make sense under a law from Texas. resented groups like the Stockgrowers, that is not reauthorized, and let us Mr. President, I rise in support of the the Mining Association, and the Sierra talk about what we ought to be doing amendment to lift the moratorium on Club. Others were there because of to protect the endangered species of the listing of threatened and endan- their deep personal interest in this leg- our country. But let us do it without gered species under the Endangered islation. taking private property rights and Species Act. The hearing started out a little without hurting jobs, without hurting Senator REID, who is the ranking tense. But by the time it ended 7 hours the economy in this country. We can member of our Endangered Species later, there was a sense that we agreed do both. We can have a positive solu- Subcommittee, has described why the more than we disagreed. That we could tion. moratorium is bad policy. I agree with get beyond politics and find ways to But, Mr. President, there are 239 spe- him. work together. That we could have a cies that are ready to be listed. In fact, And I would like to emphasize one strong Endangered Species Act and a we have tried to work with the other particular point. The moratorium strong economy. side to make sure that the listings makes a bad situation worse. When it comes to the reauthorization could be prepared and that the funding In Montana, the Endangered Species of the Endangered Species Act, we need was there to prepare the listings along Act is not an abstraction. If affects the same kind of an approach. the way. We have done that in good people’s daily lives. Loggers are con- In fact, some of the people involved faith. We did not think that someone cerned about restrictions that apply in in that hearing have established the would come up and try to use the fact grizzly country. Ranchers are con- Montana Endangered Species Act Re- that we had, in good faith, allowed the cerned about wolves. authorization Committee. It includes Department to continue to do all of the At the same time, average folks all Democrats and Republicans, loggers preliminary listing procedures, and across Montana believe, deep down, and environmentalists. then spring 239 species that could cause that Montana’s wildlands, and wildlife, They, too, have come together—not untold economic damage on States all are an irreplaceable part of what in support of a moratorium, but in sup- over our country. No, we acted in good faith. We be- makes Montana the Last Best Place. port of commonsense reforms that will lieved that the right thing to do was to So people have strong feelings, and dif- protect wildlife while improving the have a moratorium until we have a re- ferent perspectives. But one thing is practical operation of the Endangered authorization so that we can then list, clear to everyone. The Endangered Spe- Species Act. taking into account some of the new cies Act is not working as well as it I suggest that we take the same ap- measures that we hope to have that should. It is driving people apart rather proach here, that we get beyond the will encourage conservation, that will than bringing them together. It is a slogans and the politics, that we lift encourage the endangered species pro- situation that must be remedied. the moratorium, and that we con- tection, through voluntary means, or So what does the moratorium do to centrate on what the people back home other incentives. Those are the things improve the situation? Nothing. In sent us here to do—that is, to work to- that are not allowed today but will be fact, it makes things worse. gether to resolve differences and solve allowed under the reauthorization. A moratorium on listings is a make- problems. We are not putting potentially en- shift, stopgap measure. Once it expires, I know the Senator from Idaho is dangered species at risk. The ones that listing will resume, and farmers, ranch- going to engage in that effort on the are an emergency could be listed today. ers and homeowners will face the same subcommittee. Mr. President, on the In fact, one of the things that we want restrictions under the act that they Safe Drinking Water Act, he worked to do is make sure that an emergency face today. diligently to get groups together. listing would be available. But, in fact, In the meantime, species that would There was not a lot of politicking and Mr. President, we are going to debate otherwise be afforded protection under sloganeering going on, or headline tonight—as I understand it, we do not the act continue to decline. For those grabbing. He did a great job in helping have a time agreement at this point, species that survive, recovery may be to get groups together in a common- but we are going to debate the merits much more difficult and expensive, im- sense way. It is the same approach we of lifting the moratorium prematurely. posing additional and unnecessary bur- must take in the Endangered Species That is really the issue here. dens on private landowners. Act, not engage in sloganeering, which We have agreed on two occasions in Is there a better approach? Yes, I be- tends to cause more problems than this body, and on the House side, that lieve there is. It may not be as simple solve problems. we should not act precipitously. Now, as moratorium. It may not make as I thank the Senator from Texas. all of a sudden, the same people who good a slogan. But, in the long run, it The PRESIDING OFFICER. The Sen- are fighting the reauthorization are is the only way to really improve the ator from Texas is recognized. now saying to lift the moratorium. I Endangered Species Act. Mrs. HUTCHISON. Mr. President, really do not think that it is the way What is it? Sitting down, listening to last year, Congress put a hold on list- we should do business here. I think we one another, and trying to resolve our ing of endangered species and the des- have been acting in good faith. We have differences in good faith. ignation of critical habitat that went done the things that we have been Let me give you an example. During along with that to give us time to re- asked to do to try to take that time- the last Congress, I introduced a bill to authorize the Endangered Species Act. out, so that when we have a reauthor- reform the Endangered Species Act. To We called a timeout on new listings so ized act we can come back in and make improve the listing process. To involve we could reexamine a 20-year-old law sure that the species that are scientif- the States more. To encourage more without the pressure of new listing de- ically designated as endangered will, in cooperation with landowners. cisions. fact, be protected. That is what all of It was a good bill and it had the en- Authorization for appropriations us want. dorsement of the western Governors of ended on September 30, 1992 —31⁄2 years If we free those species—the 239 that our country, the endorsement of the ago. Mr. President, we have been oper- we have allowed to be prepared to be environmental community, and we had ating without an authorization for this listed when, in fact, they are being pre- several hearings on it here in Wash- act, and that is because so many things pared under the old act—I think we

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1842 CONGRESSIONAL RECORD — SENATE March 12, 1996 will do a lot of harm to many States— It is a many faceted treasure for valued threatened and endangered list, and for my State, the State of California, Ari- scholars, scientists, and nature lovers alike, the past 5 months the Service has had zona, and many States across this and it forms a vital part of the heritage we no funding to carry out any new listing share as all Americans. I congratulate Con- activities. As a result, species in need country are going to have significant gress for taking this important step toward economic impact if we do this. Mr. protecting a heritage which we hold in trust are not protected by the law. They are President, it is not necessary. There is to countless future generations of our fellow piling up on the proposed candidate no reason to act precipitously on this citizens. list. There are no new listings of en- omnibus bill that we are trying to get That is what President Nixon said dangered or threatened. The Service through. We are trying to fund Govern- when he signed the Endangered Species can put those on the proposed and can- ment until the end of this fiscal year. Act in 1973. The importance of Amer- didate list but not the threatened or Mr. President, there is no reason to ica’s natural heritage is exactly what the endangered list. put something on that is so extraneous, we are debating here today—whether Under the regular process established that causes this kind of debate right at as a Nation we should conserve those under the Endangered Species Act, spe- a time when we are trying to work plants, species, and animals which we cies are added to the endangered and with the other side to come up with an know to be threatened with extinction, threatened list by the Secretary of the agreement that will fund Government or whether we should knowingly Interior based upon the best scientific until the end of this fiscal year so that choose not to protect those imperiled knowledge available. This takes years we can start turning toward the next species. and involves several stages of review. fiscal year, which is going to take our I support Senator REID’s amendment It is not done haphazardly. It takes time. to strike the provisions which would public notice, comment, and hearings, Mr. President, I think this is the impose a moratorium on adding new if requested, and, once listed, the Fed- wrong thing at the wrong time. This is species to the threatened and endan- eral Government is committed to con- like saying we have this modern, new gered list. A blanket moratorium on serve these species, and they are sub- automobile but we are going to put listing new species undercuts the goals ject to the protections of the act; that Model T parts in it because that is of the Endangered Species Act and un- is, if they are listed as threatened or what we have on hand. Let us not do dermines our Nation’s strong bipar- endangered. that. That is not the way to do busi- tisan—I stress bipartisan—history of Currently, the Fish and Wildlife ness. conservation. This is not a Republican Service has 243 species, 196 of which are I am going to speak on this issue measure. This is not a Democratic plants proposed for listing under the again. But, Mr. President, I want to lay measure. The efforts to preserve the Endangered Species Act. Proposed spe- the groundwork for what I think is a endangered species of America has cies have been subject to a full sci- terrible injustice. I think it is breaking been a bipartisan effort, signed, as I entific review and considered to be at a gentleman’s agreement that we had pointed out, by President Nixon in 1973 risk so as to require the protections of that we would work together for reau- and passed by a Democratic Congress the act. There are 182 species on the thorization because I assumed that was at that time. Fish and Wildlife Service list of can- everyone’s goal. But to have a lifting of Let me take a moment, if I might, to didates. That is species thought to war- the moratorium before the reauthoriza- speak about the broader issue that led rant protection for which the Service tion comes, I think, is the wrong thing me to support an effective law to pro- has not yet had the resources to con- to do for our country, for the private tect endangered species. I share the be- duct a full review. Neither the proposed property owners in our country, for the lief of many across our land that each nor the candidate species are subject to small business people in our country, species is intrinsically valuable wheth- the protections of the Endangered Spe- and for the working people who could er or not it is of obvious use to man- cies Act. lose their jobs if this happens. This is kind. In other words, all that is taking not right, and I hope the Members will I note that when Noah led the ani- place now, there is no protection out turn it back. I hope the Members will mals into the ark, he included all spe- there for those that are proposed or do the right thing and let us proceed cies. If I could quote, ‘‘One pair male candidate. If they are already on the with Senator KEMPTHORNE to reauthor- and female of all beasts, clean and un- list and endangered, and they have ize in a judicious way. clean, of birds and everything that been so listed in the past, that is OK. Thank you, Mr. President. crawls on the ground.’’ And God did not But they are discovering new species The PRESIDING OFFICER. The Sen- direct him to select only the most that are proposed and candidates but ator from Rhode Island is recognized. beautiful animals or those plants that they are not subject to any of the pro- Mr. CHAFEE. Mr. President, there might have some particular use to tections of the Endangered Species have been several references to people mankind and perhaps to help him to Act. In other words, proposed and can- resisting the reauthorization of the En- cure cancer, whatever it might be. didate species—let us take plants for dangered Species Act. I do not know Noah saved all creatures. example—can be ripped up, hunted, and who the references are to. But it cer- One great strength of the Endangered sold, or the animals can still be hunt- tainly is clear that if this moratorium Species Act is that it does not just sin- ed. In other words, what we are doing is is extended, the pressure to reauthorize gle out the bald eagle, or the bison, or taking those that once upon a time the Endangered Species Act is reduced. the California whale, or whatever it seemed in pretty good shape, but they The best way to get the Endangered might be—some majestic symbol such were proposed, or candidates, and now Species Act reauthorized is to get rid as the grizzly bear. It protects every they are becoming more and more en- of this moratorium and have everybody endangered species and its essential dangered because there is no protection concentrate their energies on the reau- habitat—and I stress the habitat—sim- of them. thorization. Certainly, as far as I am ply because it is threatened with ex- That is no way to do business. Why concerned, those on the committee— tinction. Despite all the advantages of should we care that species that are in and certainly the subcommittee headed modern science, we really do not un- danger of extinction are left unpro- by the Senator from Idaho—have been derstand the implications, the chain tected and are piling up on these lists working to get this act reauthorized. reaction that will be set in motion of proposed and candidates? The rea- So, I for one have seen no resistance to when a given species vanishes. So, we sons are practical as well as ethical. the reauthorization of the act from any should do all we can to avoid taking Failure to recognize and address the individual that I know. such a chance. risk to imperiled species and doing Let us just review the bidding, if we Since last April, a moratorium has something about them now will make might. When President Nixon signed been in place on adding any new spe- it much more difficult and more expen- the Endangered Species Act in 1973, cies to the threatened and endangered sive to conserve in the future. For one this is what he said: list maintained by the Fish and Wild- thing, destruction of habitat that is es- Nothing is more priceless or more worthy life Service. Listen to this. Since last sential for the survival of the proposed of preservation than the rich array of animal April a moratorium has been in place and candidate species can proceed un- life with which our country has been blessed. on adding any new species to the changed.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1843 In other words, yes, they are poten- the reauthorization process. Enact- this matter with an open mind because tially in danger, but you cannot do ment of the reauthorization is not all we are trying to do is remove this anything about it. You cannot do any- going to be easy. We know that moratorium. We talk about emergency thing about their habitat preservation. through these meetings and hearings listing. Mr. President, it is used very Thus, a prolonged moratorium on that we have had. The only way it is rarely—only in imminent risk of a spe- listing is likely to cause further de- going to come about is if Senators are cies being wiped out. We need, before clines in the status of those species willing to back away from fixed posi- we list species, to have good science, that are precluded from the protections tions and inform their constituents and this is not the way to go. This is of the Endangered Species Act. The that their constituents are not going not good science. moratorium may eliminate conserva- to get everything each one wants, ei- The emergency listing does nothing tion options that are available now. In ther the environmentalists, the lum- for the vast majority of 243 species that other words, the longer the morato- bermen, or whoever it might be. So are already proposed for listing, let rium goes on, the less chance there is Senator KEMPTHORNE, Senator BAUCUS, alone 182 candidate species. In the to come up with a variety of options to Senator REID, and I are working to- meantime, these species continue to save these endangered species. You gether striving to reach a consensus on decline. The emergency listing excep- cannot do anything about them. legislation to improve the act. Our tion to the moratorium is a Band-Aid Each month the moratorium drags staffs are meeting, and we believe we approach, Mr. President, largely a cos- on increases the size of the backlog of are making good progress. metic solution to a very real problem. work for the biologists at the Fish and So, again, I wish to make it clear And there is no better example of that Wildlife Service. This backlog and the that I am in favor of passing legisla- than what has happened with the spot- lack of funding for listing activities tion to improve the act. And I seek to ted owl. The longer you wait to list, such as research and monitoring will report a bill from the committee this the more difficult and complicated the lead inevitably to further delays and spring. But I believe a moratorium on problem becomes. inefficiencies down the road. Most im- adding new species to the threatened So, Mr. President, I know there are portantly, it seems to me, Mr. Presi- and endangered list is just plain wrong. many others on the floor who wish to dent, by refusing to protect these spe- A moratorium causes new problems speak. It is late at night. I understand cies, we fail to live up to our moral ob- and compounds the difficulties we are there will be an offer of an agreement ligation to act as good stewards. facing. It does not make it easier. It that will allow the Senator from Texas Mr. President, the Endangered Spe- makes it more difficult. Meanwhile, and the Senator from Nevada in the cies Act is far from perfect. It can and the protections are not there that morning to close the debate. With that should be improved. And with respect should be there, the protections of the in mind, I will yield the floor. Mr. EXON. Will the Senator yield for to private property rights, the act flora and fauna, the animals involved, should include more carrots and fewer a question before he yields the floor? and also their habitat that should be Mr. REID. I will be happy to yield to sticks—more inducements and fewer theirs. the Senator. prohibitions. We recognize that. But we So, Mr. President, I hope the Reid Mr. EXON. Let me see if I understand are not going to solve the problems of amendment will be adopted. the amendment the Senator is offering. the Endangered Species Act by ignor- Mr. REID addressed the Chair. As I understand it, the situation we are The PRESIDING OFFICER. The Sen- ing species that we know are in grave now confronted with is that the con- danger. ator from Nevada is recognized. tinuing resolutions that have been of- Mr. REID. Mr. President, before the That is no way to solve the problem. fered, the series of them and poten- chairman of the committee leaves, I The problems with the current Endan- tially more, in each and every instance wish to extend to him my appreciation gered Species Act are not solved by the funding mechanism has been tied for the work he has done as chairman cutting off funds that are necessary for to a caveat that no new Endangered Fish and Wildlife to carry out its re- of the committee, and especially the Species Act may be placed in force. In sponsibilities. guidance and, in effect, free hand he other words, there is a prohibition The problems with the current En- has given the chairman of the sub- from changing or adding to the endan- dangered Species Act should be ad- committee, the junior Senator from gered species list, period, as we face the dressed through the normal authoriza- Idaho, and myself to work on reauthor- situation right now. Is that correct? tion process, and that is what we are izing this legislation. Mr. REID. The Senator is absolutely trying to do. As the chairman has pointed out, it correct. Not only was there a morato- I pay tribute to the chairman of the is difficult legislation. We have been rium back in April of last year offered particular subcommittee in the Envi- working hard on this. Our staffs have and passed, but in addition to that, ronment and Public Works Committee, had numerous meetings not once every each time we come up with a con- the junior Senator from Idaho, for the quarter, once every month, but numer- tinuing resolution there is no addi- hearings he has held and attempts he is ous times. We have come a long way tional funding placed, so that the Fish making to reauthorize this act. It is no toward each other’s position. As I men- and Wildlife Service and the National easy job. We have had six hearings, tioned in my opening statement, it is Marine Fisheries Service simply are three of them in the West, on the reau- not unthinkable that we could come up without any funds to list anything. So thorization of the act. We have heard with an agreement on reauthorization we have two problems: One is no money from 100 witnesses, and many of them of the Endangered Species Act. So I ap- and a moratorium on further listing. have come up with good proposals. preciate the statement of the chair- Mr. EXON. I was able to hear only These hearings, as I say, ably chaired man. I appreciate the support of this the tail end of the remarks made by by the junior Senator from Idaho, were amendment. the chairman of the committee. I hope constructive and form the basis for Also, Mr. President, I underline and something could be worked out. continuing discussions. underscore what the full committee I have some concerns that the EPA So we are meeting, the staffs and chairman has said. This amendment and the Fish and Wildlife Service are members of the committee are meeting should not be approached on a partisan so restricted now that they could not regularly, working on legislation to re- basis. For instance, as important and put something on the list that was form the law. Certainly, my best ef- as successful as it has been, Democrats really endangered. On the other hand, I forts will be put toward supporting a cannot take all the credit for passing happen to feel that the bureaucracy in responsible Endangered Species Act the Clean Water Act. One President this area has gone overboard in some this year, and I look forward to work- who did a great deal for environmental areas, by the number of species that ing with all Senators to complete suc- matters in this country was President they have placed on this list. If the cessfully that important task. Nixon. Some of the most influential en- amendment offered by the Senator However, I do not believe that the vironmental legislators we have had from Nevada becomes law, would that moratorium provisions contained in this century have been Republicans. open up the situation to where the Fed- this appropriations bill constitute a re- So I hope that my friends on the eral bureaucracy, who has the responsi- sponsible step toward completion of other side of the aisle will approach bility for doing the scientific research,

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1844 CONGRESSIONAL RECORD — SENATE March 12, 1996 supposedly, and then making a deter- the floor this session, I hope. But in erative in nature and allow more input mination as to what species should go the meantime we cannot let all these from the private sector, not because on the endangered list—would they be species that are becoming extinct be- the Federal agencies have done any- free and clear to proceed with the income extinct. thing wrong in listing the endangered vestigation and the identification of Mr. EXON. I am not a member of the species, but the purpose is to allow endangered species exactly the way committee so I am not fully informed State governments and the local enti- they were before the prohibition was on all of these issues. I appreciate very ties to feel better about the listing, so put into the law on the continuing much the explanation that is being they understand it better. number of continuing resolutions? given by my friend from Nevada. To this point it has all been done by Mr. REID. I respond to my friend, we Under the system that we have al- the Federal Government and there has have talked about this. I am happy to, ways had with regard to the identifica- not been enough input from State and again, address this. tion of endangered species, as I under- local governments. So, I would say to As the chairman of the full com- stand it, it was that the agency of ju- my friend, I think the main thing we mittee and I feel, the moratorium has risdiction would do scientific research have to take into consideration is been very detrimental to scientific list- which they would manage and direct to there probably have been some listings ing of plants and animals. During the determine whether something was real- that have been wrong, although I do period of time this moratorium has ly endangered or not, or to what degree not know of any. But I think the prob- been in effect, the Senator from Ne- it was endangered. lem is—take, for example, in Nevada. vada and the junior Senator from Idaho But after the agency of jurisdiction We have, surprisingly enough, word have been working on a reauthoriza- makes that determination, then do that we are the fourth highest State in tion of the Endangered Species Act. I they have, under the law, authority, as the whole Nation for endangered spe- acknowledge that we need to reauthor- part of the bureaucracy, to say, All cies. It is surprising to some people be- ize the Endangered Species Act and right, that plant or that animal or that cause we are an arid State. But one make some changes in it. We need fish is an endangered species, and we so that caused a lot of attention was the more public input. We need more in- designate it as an endangered species desert tortoise in southern Nevada. It volvement of the State governments and that is it? literally brought construction in rap- that simply are not allowed in the act Mr. REID. Well, yes, I guess in short idly growing Las Vegas to a standstill anymore. We need peer review. We need term that is it. One of the things we until we worked it out. better science in listing these species. need to work on, and we are working I do not think, in hindsight, there And there are a number of other pro- on in the reauthorization of this bill, is was anything wrong in listing the posals that I think—I do not think, I to allow better science and to allow desert tortoise. But State and local know the Senator from Idaho, as chair- more than just the Federal agencies to governments should have had more man of the subcommittee, and I want have some voice in whether or not a input in that listing, rather than hav- to put into a bill for reauthorization. species is threatened. ing it just given to us all at one time, What the moratorium has done, as far Mr. EXON. How do you propose to do and that is what we are trying to do in as this Senator is concerned, is it has that? the reauthorization. prevented us from going forward on re- Mr. REID. We are going to do that in Mr. EXON. I agree with my friend. I authorization, because there are some a number of different ways. We are am not sure with how much I disagree, who simply want no further listing. going to allow better peer review, that though. I generally have been sup- As I mentioned just a short time ago, is more scientific input, and also allow portive of all the agencies that have I say to the Senator from Nebraska, State and/or local government some something to do with this matter. I when the moratorium went into effect input into whether or not the listing think the environment is very, very we had 182 candidate species, and in ad- should take place. important. I do, though, think maybe dition to that we had 243 species al- Mr. EXON. But the final decision sometimes we, here in the Congress, ready listed with which we have not still rests with the agency of jurisdic- give too much authority to the bu- been able to go forward. I spent a good tion? reaucracy to make determinations. At part of the debate earlier this after- Mr. REID. The final decision would one time —I do not know whether it is noon talking about how, really, that is rest with the agency of jurisdiction. by the boards or not, now—but they not helpful to us. However, I think under the proposal of talked about putting the rattlesnake I say to my colleague, 80 percent of the Senator from Idaho and myself, on the endangered species list. Those of the prescription drugs that the Amer- prior to arriving at that point there us who have been born and raised and ican public goes to a drugstore to get would be a much more deliberative been around rattlesnakes, we really do have in them elements taken from process than there is now. not believe they are endangered now, plants. I read a series of statements Mr. EXON. Has the Senator ever con- and I do not believe they are. from physicians saying, ‘‘You cannot sidered the possibility of having these But it seems to me at least maybe we stop now. You have some of these list- people proceed as they have with the should consider—not that we can take ed. By the time you get around to list- identification of an endangered species, the time to go through each and every ing some others they are going to be and then, before we added more species one of these things, but certainly, pos- gone.’’ I also say to my friend, al- to that list, it be voted on by the Con- sibly, we should at least consider the though recognizing the Endangered gress of the United States? possibility, when something is put on Species Act as it is written needs Mr. REID. There has been consider- the endangered species list, whether it changing, we cannot, while we are try- ation given to that. But, I would say to is one species or 100 species, at one ing to make the act better, let these my friend from Nebraska, that I think, time, maybe the bureaucracy should species become extinct. And it is not a as I have indicated, we now have 243 have to make a better case to the peo- left-wing cabal that is pushing getting species that have already been listed ple’s representatives here, to say yes or rid of this moratorium. There is a and we have 182 candidate species. I do no, rather than, carte blanche, giving group of Evangelical Christians who not really think that should be the role them the authority after the input are saying, ‘‘You cannot do this. You of Congress, to vote on each of those. that you say should be improved with have to support the listing of these en- We could spend a lot of time that regard to State and local governments. dangered species. Because once they should be spent in the agencies of gov- I am just saying that I have some are gone they are gone.’’ ernment, both Federal and State. Of all concerns. I think this whole matter of So I say to my friend from Nebraska, of the numerous special interest groups endangered species has been over- I recognize that the Endangered Spe- I have listened to—homebuilders and stated, and yet, I must say to my cies Act has some problems, but we are contractors, labor unions, environ- friend, I congratulate him for bringing trying to correct that. The junior Sen- mental groups—I do not think anyone this up, because when we have a situa- ator from Idaho and the Senator from has suggested we should vote on each tion today when we cannot add on any- Nevada have been working to come up one of those. I think they all suggest thing, even though they are critically with a bill that we hope to get out on that the process should be more delib- endangered, it is a concern to me.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1845 Mr. REID. I respond to my friend, we options, have been lost. The morato- toward the prevention of species’ de- not only have a danger of the listing, rium provided no funds to stimulate cline, or their recovery. While the ESA but to this Senator a real concern new approaches for conservation. It moratorium has done virtually nothing about not listing. If we wait too long— provided no financial incentives for to further progress in these areas, we and that is what we are doing in this private landowners. It did nothing to are fortunate to have an administra- instance. I indicated we have 243 that streamline listing procedures or tight- tion that has been busy nonetheless. are waiting to be listed. We need to en the quality of scientific determina- In this past year the Secretary of the proceed. Not listing is a concern. tions of species’ risk. Instead, it built a Interior has implemented a broad se- I also say to my friend from Ne- false hope that somehow these prob- ries of administrative reforms to the braska, in a Nickles-REID amendment lems would simply go away if we tried ESA, including listing procedures for that was adopted by this body 100 to 0 to put them away. endangered species, that go a long way last year, which was an amendment to It is understandable that nature does toward solving problems that may have the Comprehensive Regulatory Reform not heed man’s advice. But it is unfor- existed with it. This reform plan in- Act which we received from the House tunate that we fail to heed nature’s ad- cludes stronger peer review of listings of Representatives, we said that if vice when it is so plain. Wild plants to ensure good science; a safe harbor there is a regulation promulgated by a and animals are declining at rates policy for landowners creating new Federal Agency that has a certain fi- thousands of times faster today than habitat; speedy habitat conservation nancial impact, we in Congress would ever before in the fossil record. It is no plans and negotiated regional habitat have 45 days to look at that, and if we coincidence that man’s population, our protection approaches; greater State did not like it, we could rescind it leg- thirst for natural resources, and our and local involvement in recovery islatively. That is, I am quite certain, environmental problems, have grown planning; and recommendations for going to come back when we do regula- just as fast in the opposite direction. new positive incentives for landowners. tion reform in the next few days. Our ability to intelligently and effec- In addition, the list of so called ‘‘can- So under that proposal, if something tively manage our resources has not didate species’’ has been updated after happened like listing an endangered kept pace with our ability, or desire, to careful scientific peer review. The pro- species in Las Vegas that certainly had use them. That is why we developed an cedure for listing candidates has been a financial impact on the level Senator Endangered Species Act and other laws changed so that only those species NICKLES and I talked about, in that infor the conservation of wild plants and meeting a higher standard of scientific stance, we would have had the ability animals, and the basic natural re- information are included. in Congress, if the action had been sources upon which both they, and we, Last April when Congress added the grievous enough, to rescind the action depend. We must do a better job of ESA moratorium to the Defense sup- of the Fish and Wildlife Service. managing all natural resources for the Mr. EXON. To use an example, and complete spectrum of human needs plemental appropriations bill it singled then I will yield the floor, if the con- they satisfy, and all of the values they out the ESA, and inaccurately por- trolling agency would declare the rat- provide. Man cannot live by bread trayed it as the cause of many of our tlesnake an endangered species, we in alone. Nation’s economic woes. For the past the Congress could override that under There are many arguments pro and year our economy has been no signifi- what you have in place? con about the effectiveness of the ESA. cantly different than it would have Mr. REID. Under the Nickles-REID Some say our success rate at saving without this moratorium. Today we amendment, if the financial impact is species is too low to be worth the ef- can set the record straight by ending such, as they were told it was in south- fort. Others say that it is too little, too this moratorium and providing an ap- ern Nevada, if there is no financial im- late. For sure, the odds are against us propriate level of funds to get the law pact, we continue. But if there is a fi- when we let problems get so far out of working again. nancial impact, this Congress would hand. So it is a great credit to every- More than a century ago Sir Arthur have a right because that is a regula- one involved in recovery of endangered Conan Doyle, author of the famous tion and rule promulgated by the Fish species that we have so many great Sherlock Holmes mysteries, wrote: ‘‘so and Wildlife Service. success stories like the peregrine fal- often those who try to rise above na- Mr. EXON. I thank my friend for an- con, bald eagle, and Pacific yew tree. ture are condemned to fall beneath it.’’ swering my questions. I have some con- But I say that the single most impor- Let’s not make that mistake with the cerns on both sides of the issue. Mr. tant measure of success for the ESA is ESA by suggesting that a blind eye President, I thank him very much. I whether it has really made us better sees a brighter future. Let’s get back yield the floor. stewards of our resources. on track with the implementation of Mr. REID. I say, as usual, my friend Without a doubt it has. Federal and the ESA with its new reforms, and re- from Nebraska asked piercing ques- State agencies pursue multiple use solve not to waste any more time. For tions, and during his entire time in the goals and conflict resolution with far many creatures, time is running out. Senate he has always been on top of greater expertise than they otherwise Mr. CRAIG. Mr. President, authoriza- the issues. I appreciate the questions. might. Some very bad government tion of the Endangered Species Act ex- Mr. President, I ask unanimous con- projects have been scrapped or modi- pired nearly 4 years ago on September sent that Senator AKAKA be added as a fied over the years. Private conserva- 30, 1992. Since then, Congress has kept cosponsor to this amendment. tion efforts are far more sophisticated the law alive by feeding it new appro- The PRESIDING OFFICER. Without and widespread. Other nations look priations each year. Funding without objection, it is so ordered. more carefully at their actions. authorization is not the way to enact Mr. LIEBERMAN. Mr. President, I Science has pushed farther and wider policy, especially one with such a high believe this Congress erred last year to understand the causes of species de- profile and one which produces such when it allowed passage of a morato- cline, as well as the cures. Because of profound effects on our environment rium on new listings of endangered spe- our concern about other creatures we and our economy. cies, and new designations of critical have learned more about saving our- I have been to the floor numerous habitat. This action did nothing to re- selves and leading better, more sus- times in those 4 years to recount seri- duce the decline of wild plants and ani- tainable lives than we could ever have ous problems with the law as it is being mals in our Nation, and across the hoped all alone. Perhaps that is one administered. world. If anything, the need to prevent reason God put them here with us. Per- their loss has grown, as God’s creatures haps our journey should not be alone. It is far too costly; $500 million per continue to lose a growing war against I recognize that stewardship comes year is being spent on Snake River them. The moratorium did nothing to with sacrifice. And I recognize that it salmon alone. No economic common- reduce the complications or costs of can be misdirected at times. I support sense is being applied—or required— protecting them. In all likelihood, it reforms to the ESA that ensure that under the current law. has only made it more difficult as valu- the sacrifices involved are reasonable, The section 7 consultation process is able time, and preferable management supportable, and specifically targeted out of control. Dozens of projects have

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1846 CONGRESSIONAL RECORD — SENATE March 12, 1996 been delayed past the point of eco- The assistant legislative clerk read intervening action, to be followed im- nomic viability while waiting for con- as follows: mediately by a vote on the Reid currence from the National Marine The Senator from Texas [Mrs. HUTCHISON], amendment, as amended, if amended. Fisheries Service. for herself and Mr. KEMPTHORNE, proposes an The PRESIDING OFFICER. Is there One year ago, a complete shutdown amendment numbered 3479 to amendment objection? of all multiple use activities on 6 Idaho No. 3478. Mr. CHAFEE. Mr. President, I do not national forests nearly became a re- Mrs. HUTCHISON. Mr. President, I intend to object, but I want to ask one ality because of confusion over section ask unanimous consent that the read- question, if I might. If I understood the 7. ing of the amendment be dispensed proposal correctly, there will be ade- Even today, the Forest Service is with. quate time this evening for further dis- proposing to shut down guided rafting The PRESIDING OFFICER. Without cussion. So the Senator is not cutting trips on the Salmon River to protect objection, it is so ordered. things off right now, as I understand spawning salmon. But they are pro- The amendment is as follows: it? posing to stop rafting at times of the In the language proposed to be stricken, on Mrs. HUTCHISON. That is correct, year when there are no fish in the page 75 insert the following: ‘‘Provided fur- Mr. President. The floor will be open river. None of this makes any sense, ther, That no monies appropriated under this for debate unlimited tonight, but this and it unnecessarily angers people, but Act or any other law shall be used by the will take effect after the debate has that is the way the law is being ap- Secretary of Commerce to issue final deter- finished tonight, and it will be the pro- minations under subsections (a), (b), (c), (e), cedural order. plied. (g) or (i) of section 4 of the Endangered Spe- The law makes enemies of private cies Act of 1973 (16 U.S.C. 1533), until such Mr. CHAFEE. Mr. President, I thank landowners because of the regulation time as legislation reauthorizing the Act is the Senator. and fear it engenders. You don’t build enacted or until the end of fiscal year 1996, Mr. REID. Reserving the right to ob- cooperation for endangered species by whichever is earlier, except that monies ap- ject, Mr. President. taking a person’s rights or their land. propriated under this Act may be used to The PRESIDING OFFICER. There is Despite the obvious need to reauthor- delist or reclassify species pursuant to sub- no reservation of the right to object. ize the ESA, reform legislation has sections 4(a)(2)(B), 4(c)(2)(B)(I), and The Senator is recognized for an in- been locked in the Senate Environment 4(c)(2)(B)(ii) of the Endangered Species Act, quiry. and may be used to issue emergency listings Mr. REID. Mr. President, just so I un- and Public Works Committee year under section 4(b)(7) of the Endangered Spe- after year. cies Act.’’ derstand the unanimous-consent re- My patience has run out. The author- On page 412, line 23, strike ‘‘$497,670,000’’ quest, there will be 15 minutes con- izing committee must generate action and insert ‘‘$497,670,001’’. trolled by the Senator from Nevada on the two reform bills which have sat On page 412, line 24, after ‘‘1997,’’, insert and 15 minutes controlled by the Sen- in committee for months—Senator the following: ‘‘of which $750,001 shall be ators from Idaho and Texas in the GORTON’s S. 768 and Senator KEMP- available for species listings under section 4 morning? of the Endangered Species Act of 1973 (16 THORNE’s S. 1364. I am a cosponsor of Mrs. HUTCHISON. That is correct, U.S.C. 1533),’’. Mr. President. both bills. In the language proposed to be stricken, Until we turn seriously to the matter strike all after the word 1997 on page 413, line The PRESIDING OFFICER. Is there of reauthorization, I will continue to 11, through the word Act on page 413, line 20, objection? Without objection, it is so support the moratorium on new list- and insert the following: ‘‘Provided further, ordered. ings and designations of critical habi- That no monies appropriated under this Act The Senator from Texas is recog- tat. or any other law shall be used by the Sec- nized. The people of Idaho and the Nation retary of the Interior to issue final deter- ORDER OF PROCEDURE continue to believe that conserving minations under subsections (a), (b), (c), (e), Mrs. HUTCHISON. Mr. President, I fish and wildlife species for the enjoy- (g) or (i) of section 4 of the Endangered Spe- cies Act of 1973 (16 U.S.C. 1533), until such announce, on behalf of the leader, that ment of future generations is still the time as legislation reauthorizing the Act is there will be no further votes tonight, right thing to do. They want to make enacted or until the end of fiscal year 1996, and that the votes will occur as de- changes to the law, but don’t want to whichever is earlier, except that monies ap- scribed in the previous order. see the Endangered Species Act elimi- propriated under this Act may be used to The PRESIDING OFFICER. Who nated. delist or reclassify species pursuant to sub- seeks recognition? The Senator from Senator KEMPTHORNE’s bill walks sections 4(a)(2)(B), 4(c)(2)(B)(I), and Idaho is recognized. that line by: using incentives on pri- 4(c)(2)(B)(ii) of the Endangered Species Act, Mr. KEMPTHORNE. Mr. President, vate lands, not regulations; granting and may be used to issue emergency listings let me acknowledge the chairman of under section 4(b)(7) of the Endangered Spe- States a greater role; offering realistic cies Act.’’ the Environment and Public Works conservation alternatives; and requir- On page 461, line 24, strike ‘‘$1,255,005,000’’ Committee, Senator CHAFEE, who ing that priorities be set and costs con- and insert ‘‘$1,255,004,999’’. spoke just a few moments ago. He ref- trolled. On page 462, line 5, before the colon, insert erenced the hearings that we held The committee has been ignoring the following: ‘‘, of which not more than around the country. I want to com- these good ideas. They are covering $81,349,999 is available for travel expenses’’. pliment Senator CHAFEE, because while their eyes and pretending that no sig- UNANIMOUS-CONSENT AGREEMENT he is the chairman of the full com- nificant problems exist while holding Mrs. HUTCHISON. Mr. President, I mittee, he still attended all the hear- ESA reauthorization at bay. ask unanimous consent that the Sen- ings. In addition to the hearings, he I am confident we can reform the law ate resume consideration of the took part in the field trips associated in a way which will win the confidence Hutchison-Kempthorne amendment to with them. That fact just speaks vol- of the American public. We must give the Reid amendment at 9:30 a.m. on umes as to how he is approaching this it a try. I challenge the committee to Wednesday, March 13, after the Mem- issue—trying to see the perspective of move toward open debate and consider- bers who are here have had a chance to those of us from States that are nat- ation of reform legislation. debate, of course; that there be 30 min- ural resource based who feel how oner- Until that happens, I will support the utes of debate equally divided between ous the Endangered Species Act has moratorium. Senators HUTCHISON and REID; further, been in its administration. I think he AMENDMENT NO. 3479 TO AMENDMENT NO. 3478 that immediately following that de- also heard from the people in the West Mrs. HUTCHISON. Mr. President, I bate, the amendments be temporarily that they support the goals of the En- offer an amendment to the Reid set aside; that immediately following dangered Species Act. They want to amendment. I send it to the desk and the cloture vote at 2 o’clock p.m., Sen- make it work. Right now, it is not ask for its immediate consideration. ator REID be recognized to make a mo- working. This is a Hutchison-Kempthorne tion to table the Hutchison amend- Senator REID, who is the ranking amendment. ment; further, if the Hutchison amend- member of the subcommittee that I am The PRESIDING OFFICER. The ment is not tabled, the Senate proceed privileged to chair, has pointed out clerk will report. to a vote on the amendment without that we are engaged in those sessions

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1847 where we regularly are discussing the and how it applies. When we enacted emergency listing power to protect the elements of a reauthorization of the the moratorium initially last year species. Endangered Species Act. Our staffs are there was a sense that we needed a Finally, the Hutchison amendment fully engaged in this so that we can timeout from the listing process, a allows the Secretary to delist and come up with a reform of the Endan- sense that the Endangered Species Act downlist species if that action is appro- gered Species Act, because just as Sen- as it is currently implemented is not priate. The moratorium is an impor- ator REID has stated that he has heard working. The act is not saving the spe- tant first step in our effort to achieve no group say that we ought to abolish cies that we all want to preserve. It is substantial reform of the Endangered the Endangered Species Act, I do not not saving those species. Species Act. think I have heard of any Senator say- The purpose of the moratorium was As chairman of the Drinking Water ing we should not reform the existing to give all of us and the administration and Fisheries and Wildlife Sub- act. So we are engaged in that. and Congress an opportunity to explore committee I have held a number of Senator CHAFEE and Senator BAUCUS, meaningful reform of the act to make field hearings as well as hearings here who spoke moments ago, said that we it work better. in the Nation’s capital to look at the ought to abandon any sloganeering and That purpose for the moratorium is current Endangered Species Act and to the rhetoric. Boy, do I agree with that. just as relevant today and maybe even identify ways to improve the act. This issue on the Endangered Species more so. Together with my colleague, It is clear from the testimony we gather that the Endangered Species Act, without question, is one of the Senator REID, who is the ranking mem- most polarized issues that Congress ber of the subcommittee that I chair, I Act has not accomplished what Con- will deal with, because you are so am using this timeout to reform and gress intended when it was written quickly labeled if you deal with the En- improve the Endangered Species Act. more than 20 years ago. And it is clear dangered Species Act. You are going to Our goal—and I emphasize the words that it is possible to achieve better re- be labeled either antibusiness or ‘‘our goal’’—is to develop the bill over sults for species by improving the act. antienvironment. Now choose. But the next few weeks that will actually That is what we are engaged in, trying which of those is a winning label? preserve endangered species and im- to improve the act. When Congress passed the Endan- That is why we have to stop this non- prove their habitat. This is a goal that gered Species Act of 1973, it was in- sense of the rhetoric that is escalating we can all share. But the moratorium tended to slow the extinction of plants this and do what is right for the species is an important element of that effort. and animals that we share this Earth and for the people who are the stewards People outside of the beltway who have with. When former Senator Jim of this land trying to protect the spe- to live with the real-life impact of the McClure, who was here when the ESA cies and bring about the well-being of Endangered Species Act understand the was first written, testified before the these species. importance of the moratorium. Environment and Public Works Com- We undertook this same sort of effort Let me read an excerpt from a letter mittee just 2 years ago, he referred to with the Safe Drinking Water Act: 10 I received last week from the American the Endangered Species Act as a ‘‘great months of sitting down at the table, Farm Bureau. They state: and noble experiment.’’ back and forth, back and forth. And I Authorization of the Endangered Species He stated it was the intent of Con- will tell you, for a number of those Act expired over 3 years ago. Congress has gress in 1973 to ‘‘legislate the lofty months, Senator CHAFEE and I did not clearly failed in its responsibility to address ideal of a National effort to conserve the issue surrounding how our Nation is pro- agree. But we ultimately agreed, as did species * * *.’’ He also made it clear Senator BAUCUS and Senator REID. tecting endangered species. This has occurred despite the calls for change in the act that the way the Endangered Species We are trying to do the same sort of Act has been regulated has made a process so that we can bring about from business, the environmental community, Secretary Babbitt, and others. Farmers mockery of that intent. He stated that meaningful reform of the Endangered and ranchers, thousands of whom attended ‘‘* * * lack of specific direction in Species Act. ESA field hearings throughout the Nation, some areas of the act could be cor- I do not know if it is possible this are concerned that a new Endangered Spe- rected by the administrative agencies year. I do not know if this thing has cies Act will never even be considered by the charged with implementing the act.’’ been so highly politically charged and Congress. Clearly without a listing morato- But in Roseburg, OR, in Lewiston, if somebody has made a determination rium, there is no incentive to reauthorize ID, and Casper, WY, the people who the act. that this is going to be the political lit- live with the ESA told us correction mus test on whether or not you are It is for that reason that I cospon- has not happened. We heard from a proenvironment or not. If that has hap- sored the amendment by Senator rancher in Joseph, OR, who described pened, then we can stop right now, be- HUTCHISON. The Hutchison amendment how Federal regulators under the cause it will not happen. We will play as I stated, will continue the morato- threat of a lawsuit from environ- politics with it. And that is wrong. rium until we either reauthorize the mentalists tried to stop all grazing on I stood here on the floor of the Sen- law or at the end of the existing fiscal forest lands in the mountains because ate when we dealt with the enactment year. This will keep the pressure on all salmon were spawning in streams that of the funds for listing activities, the of us to craft a bill that we believe ad- ran through the private lands below. rescission package. I stood here and I dresses the real problems with the En- But, in his words, ‘‘the cows were up in defended the money that was author- dangered Species Act. the high mountains, as far from the ized and appropriated because it is a The moratorium also applies only to spawning habitat as you could get.’’ meaningful activity. I am pleased to final listings. The Secretary can still The ranchers had supporting letters cosponsor the second-degree amend- perform all of his other functions under from the Northwest Power Planning ment offered by the Senator from the Endangered Species Act, including Council and the Oregon Department of Texas, Senator HUTCHISON, because the all preliminary activities up to final Fish and Wildlife, but the Federal regu- amendment is very straightforward. It listing and actions related to the re- lators would not see the reason to this. allows all listing-related activities ex- covery of listed species. We also heard from county officials cept the final determination that a spe- The Hutchison amendment improves in Challis, ID, about another lawsuit to cies is threatened or endangered. And on the current moratorium by recog- shutdown all resource related activi- significantly, it also allows the Sec- nizing that situations may arise where ties on national forests in Custer the retary to emergency list a species a species is really in trouble. I do not Lemhi Counties for the sake of pre- under the existing regulations. It also want to drive any species to extinction. serving salmon habitat. The lawsuit allows the down listing of endangered I do not know of anyone else who would have resulted in a loss of 31 per- to threatened and the delisting of final would willingly do so. Therefore, if cent of the county’s job and a 38-per- rules. Straightforward. there is an emergency and the Sec- cent decrease in earnings. The impact I want to discuss then the very real retary has complied with the other re- on salmon would have been negligible need for Endangered Species Act requirements of the act, the Secretary since over 90 percent of the salmon form and the role of the current mora- can add the species to the list and spawning ground in Custer County is torium that is on the books right now would have the authority to use this on private land.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1848 CONGRESSIONAL RECORD — SENATE March 12, 1996 We need to do a better job of making they were ever challenged because the in environmental regulations and over- this act work, while recognizing the le- changes are not part of the law. sight. After all, who knows better gitimate needs of people at the same I saw a very real need to include the about what each community needs, a time. We have let the regulators use Secretary’s plan in my bill, and so the local leader or someone hundreds of the Endangered Species Act as a club Secretary’s 10-point plan is part of the miles away in Washington, DC? against the very people who ought to reform that is being offered. There are national environmental help make the Endangered Species Act I also looked at the Western Gov- standards that must be set in the En- work * * * that is the citizens of the ernor’s Association who had been dangered Species Act, and the Federal United States. The fact is the people through an exhaustive process to deter- Government must make that deter- spend too much time trying to comply mine what that bipartisan group of mination, but Federal resources must with too much paperwork and too Governors needed by way of Endan- be targeted and allocated more effec- many regulations from too many Fed- gered Species Act reform. We have in- tively, and that’s why we must have a eral agencies. Just the consultation corporated all of the language of the greater involvement by State and local process alone can take years, particu- Western Governor’s Association into officials. larly when the agencies involved dis- this reform that we are bringing for- The improvements we need in Wash- agree as they often do. In one case in ward. ington go beyond State and local in- Idaho, for example, a simple bridge was Last month the President was in volvement. We need to plan for the fu- held up for over a year while the Na- Idaho addressing the needs of flood vic- ture of our children, not just for today. tional Marine Fisheries Service re- tims in the northern part of my State. Science and technology are constantly viewed a proposed construction plan During the course of his visit we had a changing and improving. In the case of that had been already approved by the good discussion about these environ- the Endangered Species Act, the Fed- Corps of Engineers, the Idaho Depart- mental issues. Working off of the co- eral Government hasn’t kept up with ment of Fish and Game, Idaho Depart- operation between Federal, State and these improvements, and old regula- ment of Water Resources, and Idaho local governments who are working to- tions have become outdated and don’t Department of Environmental Quality. gether to help flood victims, the Presi- do the best job they can. That is why I The National Marine Fisheries Service dent acknowledged and made the point want to reform the Endangered Species ultimately prevailed. Their bridge cost that we need to establish the same sort Act. over four times as much as the original of partnership to reform the Endan- In the meantime, Mr. President, I approved design. gered Species Act. I want to take him think the moratorium on listings is the Citizens spent too much time being up on that challenge. best tool we have to ensure that we afraid that a threatened or an endan- I want to take this opportunity to continue to work toward meaningful gered species will appear on their land again compliment Senator REID, be- reform of the Endangered Species Act. and they will then be told what they cause we are working through this I conclude by saying this: As I lis- can and cannot do with their land. In process. I hope it will bear the results tened to Senator REID make his points our field hearings, for example, several that we are after. It should. We are about the areas that he thinks we people testified that land owners who making a good-faith effort. It should should focus on, I do not find myself in had previously managed their land in- because it needs to be done. It should disagreement. He is touching on a telligently in a way to preserve older because we ought to do it this year in- number of those issues that I do think trees are now cutting them down stead of having to see that it becomes we need to deal with. We may have a quickly because they are scared. They political fodder and we cannot deal different approach as to how we correct are scared that the Federal Govern- with it. them. That is what we are discussing ment will find new endangered or I want to move forward this year at our sessions that we regularly con- threatened species down the road and with kind of a bipartisan bill that will duct. We need to deal with this. come in and tell them that they will incorporate the very real changes that Senator CHAFEE referenced Noah and not be able to cut down their trees in everyone agrees are needed. Until then the flood—now when I had the discus- the future. it only seems appropriate that the sion with the President, we referenced The Endangered Species Act needs to timeout represented by the morato- that too. I have heard people say that be carefully reviewed, carefully de- rium is the best way to encourage ev- you should not change the Endangered bated, carefully rewritten so that it ac- eryone to stay at the table until we get Species Act, and they call it Project complishes its fundamental purpose to this job done. Noah, where Noah was charged to save conserve species. We cannot wait any Perhaps the administration agrees. those animals two by two. I believe longer. The original reasons for the The moratorium was not in force dur- that Noah had to have two-by-fours in moratorium remain valid. Until the ing certain periods between continuing order to construct the ark to save Endangered Species Act is reformed to resolutions during 1995. The Secretary those animals, so we need balance. If accomplish what it was intended to do, announced that he was not going to there had been an Endangered Species there is no reason to add more species rush through various listing packages Act in existence at the time that Noah to it. or critical habitat designations during was charged with saving those species, The only condition for removing the that time. Instead, he honored the in- I do not know if he would have gotten moratorium was reform to the Endan- tent of the moratorium. Why honor the permits before the floods came. gered Species Act. Interior Secretary intent of the moratorium when it did That is how a lot of landowners feel Bruce Babbitt initially said there was not apply, and now seek to overturn it right now. They want to save the spe- no need for legislative changes in the during an emergency bill? cies. They can do it. Who are the very act. After 2 years, though, of initiating There is an emergency in America people that can do it? Is it the attor- administrative corrections to the act, concerning the Endangered Species neys in the courtrooms litigating all of he told my subcommittee that he was Act. And from the view of my State, this? Absolutely not. Where you save recommending a 10-point legislative that need must be addressed by reform, the species is on the ground. On the plan to address endangered species. A not just adding more species to the ground, where their habitat is. 10-point legislative plan. list. If there is an emergency with re- So why do we not change this whole It appeared the changes he rec- gards to a particular species as a result atmosphere from adversaries to advo- ommended were largely to bring the of this moratorium, let Members ad- cates? Why do we not enlist all of the Endangered Species Act into compli- dress that. American people in this great crusade ance with his administrative changes. It is evident to me that if we are to to save these species? Right now we In fact, a major landowner who has move forward to a safer, cleaner, have them divided right down the mid- spent literally millions of dollars to healthier future, we have to change the dle. I challenge all of us that are deal- comply with the Secretary’s adminis- way Washington regulates laws like ing with this issue to step up to the trative changes told our committee the Endangered Species Act. States plate so that Congress no longer abdi- that they were not sure how their in- and communities must be allowed, cates its responsibility because it is vestment would hold up in the courts if even encouraged, to take a greater role too politically sensitive. We should

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1849 deal with it, deal with it for the spe- for an emergency listing. By that time ibly active role in managing this species, and deal with it for the people it is close to being too late. That is the cie. While Montanans are proud of our who in too many instances are finding whole problem. That is why this mora- wildlife, we are equally proud of the that it threatens their well-being, it torium is bad business. Now it said lifestyle we cherish. This is based on threatens entire communities. here, well, we agreed to a moratorium the balance and wise-use of our lands. That is not what was intended by last April so, therefore, we agreed to a Senator REID’S amendment would re- Congress in 1973 when it first enacted moratorium in perpetuity. No, I never peal a moratorium on the listing of the Endangered Species Act. We should agreed to anything like that. I agreed new species on the endangered list. be realistic. I am being realistic in co- to a moratorium last April that took Under the moratorium, prelisting work sponsoring the Hutchison second-de- us through to the end of that fiscal and recovery activities are still under gree amendment. It is going to keep us year. That does not mean I am for way. The moratorium does not effect at the table. It is at the table that we going on and on with this business, es- these activities. are going to write the reform that is pecially because of the very point that But, the moratorium on listing is im- necessary with regard to the Endan- it seems to me that the second-degree portant because it gives the Congress gered Species Act. amendment stresses, that by having and the administration an opportunity Mr. President, I ask unanimous con- these moratoriums the situation gets to reexamine the Endangered Species sent to have printed in the RECORD the worse and worse, no action is taken, Act. We need to allow the Environment letter from the American Farm Bureau and then you come rushing in under an and Public Works Committee an oppor- Federation, referenced earlier in my emergency listing. Yes, that is better tunity to do their job. The committee remarks. than nothing but by that time it is held a number of hearings last year There being no objection, the mate- probably too late. The cost is so sig- throughout the United States on the rial was ordered to be printed in the nificant. act. Now, we need to allow the committee to report a bill which will ad- RECORD, as follows: In connection with that, I might say they reduce the money that has been dress the inadequacies of the act. WASHINGTON, DC, While most Americans agree we need March 7, 1996. proposed by the Senator from Nevada to protect and recover endangered spe- Hon. DIRK KEMPTHORNE, very, very substantially. The moneys cies, there are a wide range of beliefs U.S. Senate, Dirksen Senate Office Building, that are available are not going to do on the extent and costs which should Washington, DC. the trick here as far as saving these be incurred. DEAR SENATOR KEMPTHORNE: During con- species that have now reached the sideration of the Continuing Resolution, we The process is out of control. For emergency situation. urge you to oppose any effort to remove the every dollar we spend on recovery, we For those reasons, Mr. President, I do moratorium on listing of endangered species spend another on process. This includes not find that the second-degree amend- or the designation of habitat for endangered consultation, law enforcement, listing, species. ment solves the problems we have been and permits. That ratio needs to Authorization of the Endangered Species dealing with here this evening. I hope, change. We need more recover for our Act expired over three years ago. Congress as I hoped the original amendment money. has clearly failed in its responsibility to ad- would be approved, namely, the Reid dress the issues surrounding how our nation One example for Montana, Idaho, Or- amendment, I hope that careful consid- egon, and Washington is the salmon. protects endangered species. This has oc- eration would be given by all to this curred despite the calls for change in the Act Should we spend $1 billion each year from business, the environmental commu- second-degree amendment and there and increase electric rates in the name nity, Secretary Babbitt and landowners. will be a motion—I presume by the of the salmon in the Columbia River? Farm Bureau, at every level, has involved Senator from Nevada—to table that Yet we have not recovered one fish in itself in providing the Congress with a second-degree amendment. I urge fa- the process. wealth of information on ESA and how farm- vorable consideration of that motion to We can do a better job at protecting ers and ranchers can be part of the solution table because of the reasons enun- species at a lesser cost to the Federal in protecting species. Our members, thou- ciated. Namely, we do not want this treasury, local communities dependent sands of whom have attended ESA field hear- situation to reach the emergency sta- ings throughout the nation, are concerned on natural resources and landowners. I that a new Endangered Species Act will tus. hope the Reid amendment will be re- never be even considered by the Congress. Mr. BURNS addressed the Chair. jected and that we can continue to con- Clearly, without a listing moratorium, there The PRESIDING OFFICER. The Sen- sider a complete reauthorization of the is no incentive to reauthorize the Act. ator from Montana is recognized. act in the near future. Again, we ask that you oppose any effort Mr. BURNS. Mr. President, the de- Mr. President, the work that has to remove the moratorium and support any bate Senate REID has started regarding been going on now for the reauthoriza- effort to reauthorize the Act this year. the Endangered Species Act is a good tion of the Endangered Species Act has DEAN R. KLECKNER, one. We need to reexamine this act and been going on ever since I walked President. where we have succeeded and where we through these doors. I would like to Mr. CHAFEE. Mr. President, I want have failed. have a nickel for every word that has to express my appreciation for all that However, the amendment by my been spoken about the good intentions the junior Senator from Idaho has done friend from Nevada moves a step away of reauthorizing the act. It has not in connection with working on the re- from reforming a well-intended law. been done yet. Given that track record, authorization of this act. As he pointed Therefore, I must oppose Senator it just goes to prove that the way out, he has a determination, and I REID’S amendment. Washington works and the way we reg- share that determination, to get this The Endangered Species Act [ESA] ulate have to be looked at. act reauthorized this year. was well intended. But, like many good I would rather this amendment not Here is the situation, Mr. President: ideas, its original intent has been come up. I do not think this is the time As I understand the second-degree twisted and misused. It has been or place to consider this issue, as an amendment that the Senator from turned away from an act designed to amendment on this bill. The Com- Texas and the Senator from Idaho have protect species, and instead is being mittee on Environment and Public submitted, and if I am wrong I would used to close down thousands, if not Works has the reauthorization now appreciate if he would correct me, I millions, of acres of land throughout under consideration and should come have a copy of it here, but there may our country. forth with legislation for this body to have been changes to it since. What In Montana, we have wolves being vote on. this does is say to the Secretary of In- placed in Yellowstone as an experi- We should let that process move for- terior that in an emergency there can mental population under the Endan- ward. The law, in its present form, is be a listing of the animal or plant as gered Species Act. We have miles and not working in the manner in which it endangered. miles of roads being closed in order to was intended or in a way it can be suc- What that means to me, and here is protect grizzly bears. And, we face the cessful. If we who serve here in the the problem, the situation has gotten threat of listing of the Bull Trout even Senate are to pursue sensible environ- so desperate that it therefore qualifies though our State is taking an incred- mental policy that preserves the gains

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1850 CONGRESSIONAL RECORD — SENATE March 12, 1996 that we have made in the last two dec- spent over $2 billion in recovery, both They should keep working on this ades, then this law will have to be in taxpayers’ money and ratepayers’ law. They should bring it forward. But changed to make it user friendly, and money, on the Columbia River trying I am kind of like the Nike commercial: also to approach the problem of endan- to recover the sockeye and the chinook ‘‘Let’s do it.’’ Let us quit talking about gered species in a plain, everyday, com- salmon. You can buy salmon in any it and do it. Let us quit dealing with monsense way. If there is anything we grocery store fresh, frozen, or canned. people that might be like a featherbed are short of here, it is common sense. As you know, we had the terrible acci- because the last one that sits on it However, that not being the case in dent in Prince William Sound in 1989 leaves the biggest impression. Let us this instance, let us look and see the when the Exxon Valdez ship hit a rock do it because the law needs to be re- merits of this amendment and, of and spilled the crude. Everybody said formed. My friend from Nevada under- course, the second-degree amendment. the fishing would be gone forever. The stands that, and also my friend from The moratorium now in effect is just other day in that particular part of the Idaho does. on listings. Until a couple of weeks world—I noticed that the Secretary of We want to see it survive, and we ago, we had 2,500 to 3,000 candidates on Agriculture, Dan Glickman, went to want to see it work in the best interest the list to be considered for listing. Alaska, and the harvest of salmon was of mankind and also for the species Under the moratorium, we now have so big that the Department of Agri- that are involved. Let us look at fair- 184. The Secretary of the Interior using culture has decided to buy an extra ness. Let us look at balance. But let us a model in which to cut those way back amount of salmon for the school lunch make sure that it works. Let us in- so it does not sound like they are not programs around this country. volve local government from the coun- working to make it work. And recovery The market is depressed because of ty commissioners to the city council. plans on those who are actually on the an oversupply. Mr. President, I am sure Let us work with Governors and State endangered list continue. not opposed to the School Lunch Pro- government. Let us work with the fish Now, I suggest to this body that for gram. In fact, I am a great supporter of and game people and the wildlife biolo- as much money as it has cost, the re- it. I even like the idea that salmon gists that are found in each and every covery record has not been very good. should be a part of the diet. But it does State, because each and every State is If the sponsor of this amendment wants seem strange to me that we have chi- unique and they have a very unique bi- to take credit for delaying this bill, nook and sockeye salmon on the en- ological base. thus leaving the employees for the re- dangered species list where we will be So let us reject the Reid amendment spective departments not knowing—we able to buy it anywhere in the world, totally, and let us bring forth a new should give them some predictability and yet, we have spent all that money bill. Let us dedicate ourselves to it be- and planning for which they are re- with the possibility of endangering cause I think we owe it to the tax- sponsible with regard to this Endan- hydro power production on the Colum- payers of this country. gered Species Act. bia River. I think we can cite a lot of Mr. President, I yield the floor. Recovery plans must move on. It can- those kinds of instances where common Mr. REID addressed the Chair. not move on as long as the appropria- sense has absolutely been laid aside to The PRESIDING OFFICER. The Sen- tion is hung up here in the U.S. Senate. make it work. ator from Nevada. It is not fair to the employees, nor is it I hope my colleagues will reject this Mr. REID. Mr. President, I reluc- fair to the taxpayers of this country, amendment and allow the committee tantly disagree with my friend from nor is it fair to what we are trying to of jurisdiction to complete its work in Montana on the bulk of his statement. do, which is to preserve a base of bio- reforming the law. Let us involve local I say to my friend before he leaves the logical diversity that we all know is government; let us involve local citi- floor that one of the most pleasant ex- very, very important. zens when we start talking about list- periences I have had in the U.S. Senate The sponsors of this amendment ing; and let us separate this business of has been working with the junior Sen- must understand that the very people listing from the business of recovery. ator from Montana on the Appropria- who are administering this law are the Right now, the way the law is written, tions Committee, he being chairman of ones that are funded by this legisla- if a species is put on the endangered the Military Construction Sub- tion. But sometimes I do not under- list, it is head-over-heels costs. It committee and me being the ranking stand the motives on such predict- means nothing. We start the recovery member. He is easy to work with, and ability. program and, as we have found out, I think we have been very productive I do not think we have an endangered that becomes very expensive. Let us in that subcommittee. species crisis or an environmental cri- not knee-jerk this around because it is Mr. President, first of all, let us go sis here. I do not feel there is any great a highly charged issue, just to appease back and reflect on how we arrived at urgency or a great care for the mainte- some folks who want an environmental the point where we are now. The junior nance or restoration of a healthy bio- record. Senator from Texas offered an amend- logical base or diversity—not in this When one has to answer and solve a ment to stop listing further species particular exercise, not on this day. I problem or policy, or enable problem until the end of the fiscal year. That have a feeling there is a little bit of solving to go forward, and we do it by was the end of last fiscal year—not this politics in this. But, after all, that just throwing taxpayer money at it, I fiscal year. should not surprise any of us. It is like do not think that is the correct ap- I read from the CONGRESSIONAL I said, the work goes on. Right now, proach. And if we are to pass on to the RECORD where the Senator said the there are around 900 domestic species next generation a world where clean amendment rescinds $1.5 million of that are listed on the threatened or en- water and clean air is the hallmark, funding for new listings of endangered dangered list. There are another 900 on and a broad-based biological diversity or threatened species, or designation of the foreign endangered species list. is intact, then we must approach it and critical habitat, through the end of the There were 3,500 to 4,000 a couple of we have to make sure that this law fiscal year, which is a little more than weeks ago on the candidate list, which survives. 6 months from now. It provides remain- is now down to 182. So the work con- As it is right now, it may not—the ing funds not to be used for final list- tinues. total law—because of people and the ings. So it is not that the U.S. Fish and actions that they take to prevent it Mr. President, this so-called emer- Wildlife Service does not have enough being applied to my property or my gency moratorium was to end last Oc- work to do without this moratorium, neighbors’ property. tober 1. Here it is October, November, because they do. This has been a very, So, Mr. President, the moratorium December, January, February, and we very expensive law. And, at times, it should stay intact. And there are those are in the middle of March—6 months has defied common sense. In most who are dedicated. I know that my later, almost 1 year later, and it is still areas, the law has not worked. It is friend from Nevada—I worked with him going on. That is wrong. The record is being used for a purpose that it was not on another committee—when he com- replete with examples of why we should intended for. mits himself to something, he does it not have this moratorium. I would like to look at a couple of wholeheartedly and with a great deal There are species of plants and ani- species that have been listed. We have of integrity. mals that are life-sustaining that will

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1851 relieve pain and misery throughout the Does the Senator from Montana seek has been digging out, literally and figu- world. Eighty percent of the drugs pre- recognition? ratively, from the effects of Mt. St. scribed to the American public are Mr. BURNS addressed the Chair. Helens ever since 1980. These last two compounds that initially come from a The PRESIDING OFFICER. The Sen- floods have exacerbated the movement plant or other species. ator from Montana. of sediment in the Toutle, Cowlitz and Mr. President, I say to my friend MODIFICATION TO AMENDMENT NO. 3473 Columbia Rivers creating both flooding from Montana who gave the example of Mr. BURNS. Mr. President, I ask and navigation concerns. Will the cur- the oil spill in 1989 that I hope—I am unanimous consent to modify amend- rent Senate bill provide funding so the sure—the intent of the Senator was not ment No. 3473, to make technical Corps of Engineers can use authorities that we have more oil spills to increase changes that I will send to the desk. available to them to review and correct the population of fish around the Further, I ask unanimous consent to these newly created problems? world. We all know that there is a lot restore text at the end of amendment Mr. HATFIELD. Yes, this bill pro- of fish where the oil was spilled. It was No. 3473. Language that appears on vides funding for the corps to address not because of the oil being spilled pages 778, line 1 through 781, line 4 of problems such as those raised by my there. amendment No. 3466 was inadvertently good friend, the Senator from Wash- I also say to my friend from Montana deleted. ington. that the numbers of species that he I send the technical changes to the Mr. CONRAD. Mr. President, I note talked about is daily. The Department desk. that the chairman and ranking mem- of the Interior published within the The PRESIDING OFFICER. Without ber of the Commerce/State/Justice Ap- past couple of weeks; the prepublica- objection, it is so ordered. propriations Subcommittee are on the tion copy was February 23 of this year. So, the modification to amendment floor at this time. Senator DORGAN and The Department of the Interior Fish No. 3473 is as follows: I would like to engage them in a col- and Wildlife Service, 50 Code of the Under the heading ‘‘Departmental Manage- loquy concerning the amendments Federal Register, Part 17, Endangered/ ment, Salaries and Expenses’’, $12,000,000, of which we offered and which were ac- Threatened Wildlife and Plants, re- which $10,000,000 shall be only for terminal cepted yesterday to help prevent flood- vealed plants and animals that are can- leave, severance pay, and other costs di- ing at Devils Lake, ND didates of listing as endangered or rectly related to the reduction of the number The omnibus appropriations bill now threatened species. There are 182. They of employees in the Department. In addition to the amounts provided for in includes emergency funding to address eliminated the others. flooding at Devils Lake, ND. The lake So, as I indicated earlier, Mr. Presi- Title I of this Act for the Department of Health and Human Services: is located in Benson and Ramsey Coun- dent, we have 243 species that have al- Under the heading ‘‘Health Resources and ties, as well as in the Devils Lake ready been proposed for listing. We Services’’, $55,256,000: Provided, That Sioux Indian Reservation. Last year, as have 182 that are candidate species. $52,000,000 of such funds shall be used only for my colleagues know, the lake reached This is what we have to make sure of State AIDS Drug Assistance Programs au- a 120-year high water level, causing —that we are allowed to process these thorized by section 2616 of the Public Health more than $35 million in damages. The in an appropriate order. This does not Service Act and shall be distributed to National Weather Service projects that mean when the moratorium is lifted States as authorized by section 2618(b)(2) of the lake will rise an additional 21⁄2 to 3 that we are going to have 182 or 243 such Act; and Under the heading ‘‘Substance Abuse and feet this year. It is our understanding thrown at the American public in a day Mental Health Services’’, $134,107,000. that the additional $10 million provided or two. It will take years. But the proc- PART 3—GENERAL PROVISION to the Economic Development Admin- ess needs to go forward for the reasons Notwithstanding any other provision of istration is to undertake emergency that I have mentioned. this Act, section 4002 shall not apply to part We are dealing literally with life and flood prevention efforts at Devils Lake. 1 of chapter 3 of title IV. These emergency funds are critical to death. We have been very patient. The On page 539, lines 18 and 19, and page 540, chairman of the full committee voted line 10, decrease each amount by $200,000,000. the area’s economy, and will help pre- with the junior Senator from Texas on On page 546, increase the rescission vent some of the $50 million in flood the original moratorium. I think ev- amount on line 21 by $15,000,000. damages expected this year at Devils eryone who voted for it was willing to On page 583, lines 4 and 14, decrease each Lake. say, ‘‘Well, we will give it until the end amount by $224,000,000. Mr. DORGAN. It is also our intention of this fiscal year.’’ But then, after the ADMINISTRATION FOR CHILDREN AND FAMILIES that the State of North Dakota or its JOB OPPORTUNITIES AND BASIC SKILLS fiscal year, we got into the continuing designee be the EDA grant recipient in resolution process. I think there were (RESCISSION) order to get emergency funding to the 10 CR’s offered in the past few months, Of the funds made available under this Devils Lake area as quickly as pos- and in each one of those the morato- heading elsewhere in this Act, there is re- sible. An Interagency Task Force, scinded an amount equal to the total of the headed by FEMA Director James Lee rium was extended and extended and funds within each State’s limitation for fis- extended, and it has been to the det- Witt, has recommended that 100,000 cal year 1996 that are not necessary to pay acre-feet of water be stored on upper riment of the American public. We owe such State’s allowable claims for such fiscal it to the American public to process year. basin lands as part of a comprehensive these species of plants and animals Section 403(k)(3)(F) of the Social Security strategy to deal with the unprece- that are listed. Doing so, Mr. Presi- Act (as amended by Public Law 100–485) is dented high water. Additionally, the dent, will benefit mankind and cer- amended by adding: ‘‘reduced by an amount Army Corps of Engineers’ Contingency equal to the total of those funds that are Plan and the Interagency Task Force tainly do the thing that is fair. within each State’s limitation for fiscal year The emergency listing in the second- recommended raising essential roads 1996 that are not necessary to pay such that are expected to experience flood degree amendment is very transparent. State’s allowable claims for such fiscal year It is only a way to give people who (except that such amount for such year shall damage. Would the Chairman of the want to say they want an environ- be deemed to be $1,000,000,000 for the purpose Commerce, Justice, and State Appro- mental vote to vote environmentally. of determining the amount of the payment priations Subcommittee agree that As we have already established an under subsection (1) to which each State is water storage and elevating roadways emergency listing, that is not how we entitled),’’. are critical to ensuring the economic should list things. We should not wait FEDERAL AVIATION ADMINISTRATION GRANTS- well-being of Devils Lake? until the animals are gone before we IN-AID FOR AIRPORTS Mr. GREGG. It is my understanding list them. It should be an orderly proc- (AIRPORT AND AIRWAY TRUST FUND) that water storage and elevating road- ess so we make it much better and (RESCISSION OF CONTRACT AUTHORIZATION) ways are essential to the area’s econ- easier on everyone. Of the available contract authority bal- omy, and that only those projects rec- Mr. President, I will await the debate ances under this account, $616,000,000 are re- ommended by the Interagency Task in the morning, and I yield the floor. scinded. Force or identified by the Corps of En- The PRESIDING OFFICER. Accord- FLOODING gineers’ contingency plan would be ap- ing to the previous order, there is no Mr. GORTON. Mr. President, as Sen- propriate uses of the emergency supple- further debate. ator HATFIELD knows, Cowlitz County mental funds for Devils Lake under

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1852 CONGRESSIONAL RECORD — SENATE March 12, 1996 this bill. Is it the Senators’ under- Mr. CRAIG. Mr. President, as you Resources Committee, Senator KASSE- standing that the State of North Da- know, my State of Idaho was dev- BAUM, to include language in the Bal- kota would provide the customarily re- astated like others in the Northwest anced Budget Act to correct this prob- quired non-Federal cost share? from floods in recent months. Many ag- lem by creating an exemption for lend- Mr. DORGAN. It is my understanding ricultural lands have sustained damage ers with portfolios under $5 million. I that North Dakota would provide which must be repaired if the land is to am equally pleased that the Appropria- whatever non-Federal share is custom- be returned to productive use. It is my tions Committee included the same arily required by EDA. understanding that a need of $1,167,000 language in the bill before us today. I Mr. CONRAD. That is my under- has been determined for conservation want to thank the chairman of the Ap- standing as well. work and streambank stabilization in propriations Committee, Senator HAT- Mr. HOLLINGS. Let me add that I Idaho through the Agricultural Con- FIELD, and the Subcommittee Chair- agree with the comments of Senator servation Program, which was not re- man, Senator SPECTER, for adding this GREGG. Projects of those types would quested by the President. However, it provision, which will allow students to fit well within the parameters of the is also my understanding that the De- continue doing business with their emergency supplemental appropria- partment of Agriculture administers hometown banks. I am pleased this tions language. the Emergency Watershed and Flood problem will be resolved for small lend- Mr. DORGAN. I thank the Senators Prevention Operations Program and ers and their communities. for their comments. I want to express the Emergency Conservation Program, Mr. KENNEDY. Mr. President, I wish my appreciation to the chairman and which could fund these needed activi- to make an observation about funding ranking member of the Appropriations ties in Idaho and other affected states in this Appropriations bill for the Po- Subcommittee on Commerce, Justice, in the Northwest. I would ask my col- lice Corps program. and State for their assistance. league, the chairman of the Appropria- I have long supported the Police Mr. CONRAD. I also want to thank tions Subcommittee on Agriculture, Corps concept, because I believe it rep- the Senators for clarifying the intent Rural Development and Related Agen- resents an innovative way to improve of Congress regarding emergency fund- cies if this is his understanding as public safety and strengthen the ties ing for Devils Lake. This funding will well? between police departments and the help prevent tens of millions of dollars Mr. COCHRAN. Mr. President, I ap- communities they serve. I was proud to of damages in Benson and Ramsey preciate the distinguished Senator’s in- be an original sponsor of the Police Counties and on the Devils Lake Sioux quiry. This bill includes $107,514,000 for Indian Reservation. Corps legislation, which was enacted watershed and flood prevention oper- into law in 1994 as part of the omnibus Mr. CRAIG. Mr. President, the disas- ations and $30,000,000 for the Emer- crime bill. trous flooding in the northwestern gency Conservation Program. USDA United States has covered many areas In the Senate-passed version of the has determined that these amounts crime bill, the Police Corps program with layers of flood-borne boulders, should be sufficient to cover the dam- gravel, woody debris, and associated was authorized at $100 million for the age sustained in the Northwest and first year, $250 million the second year, materials. Among those areas of par- other areas which have experienced ticular concern are U.S. Department of and such sums as were necessary there- natural disasters. after. Clearly, the Senate con- Agriculture [USDA] Conservation Re- Mr. PRESSLER. Mr. President, the templated a truly national program. serve Program [CRP] lands. The CRP omnibus appropriations bill before us Regrettably, the pending bill contains program provides cost-share assistance today is a wide ranging piece of legisla- to reestablish destroyed permanent tion with programs that impact teach- only $10 million for this important pro- vegetative cover. It is my under- ers, doctors, job trainees, police offi- gram, so a national effort is not fea- standing that present Department pol- cers, and businessmen. I do want to sible at this time. I am nonetheless icy prohibits USDA from providing single out one small piece of this legis- pleased that the Police Corps will fi- cost-share assistance of clear CRP lation that is very important for South nally get off the ground. It is my view that the $10 million ap- lands of debris to reestablish perma- Dakota students and families, espe- propriated in this bill should be used to nent cover. However, the severity of cially those in rural areas. this flood has covered these lands with You see, many small banks and cred- support a limited number of pilot pro- unusually heavy and extensive deposits it unions have been leaving the Federal grams, rather than spread thinly over of materials that must be removed be- student loan program due to burden- many jurisdictions. With this much re- fore permanent cover can be reestab- some audits imposed by the Depart- duced amount, the Police Corps con- lished. It is also my understanding that ment of Education. The audits on guar- cept can only receive a fair trial if the the Department has the discretion to antee agencies and schools were ex- money is concentrated in a few juris- allow cost-sharing assistance to re- tended to lenders in the Higher Edu- dictions that make a serious effort to move such materials. We are told that cation Act Amendments of 1992. I fully implement the program comprehen- these lands are not eligible to use agree with the goal of cracking down sively. If instead the money were dis- Emergency Conservation Program on fraud and abuse in the student loan persed across the country as 435 sepa- funds for clearing debris. program. rate Police Corps grants, each grant Mr. HATFIELD. Mr. President, our However, these audits on small lend- would support only one Police Corps of- states, which border each other and ers are clearly a case of the cure being ficer. The administrative overhead have suffered from the same natural worse than the illness. The audits are alone would essentially swallow the en- disaster, have similar and shared prob- duplicative and in the case of many tire appropriation. lems. I would inform the Senator that small financial institutions, exceeding This program will be administered by section 1101 of chapter 11 of title II of the profitability of the program. The the Department of Justice. I expect— this bill gives cabinet secretaries of in- audits are bureaucratic overkill. Ex- and I believe that my view is shared by volved departments authority to waive penditures are wasted, as the Depart- the Appropriations Committee and the or specify alternative requirements of ment of Education does not even re- full Senate—that the Attorney General any statute of regulation to expedite view all of the audits. For lenders with will allocate the $10 million to no more the provision of disaster assistance to small portfolios, it does not make than four or five jurisdictions. It is my affected areas. I believe that the Sec- sense to stay in a program that is los- understanding that several police de- retary of Agriculture can and should ing money. As a result, small lenders partments are already prepared to use this authority to provide cost shar- are leaving the program, forcing stu- apply for grants and then implement ing assistance to clear lands enrolled in dents and families to take their stu- the program swiftly and conscien- the CRP reestablished cover. dent loan business away from their tiously. Mr. COCHRAN. Mr. President, I con- hometown banks. When hometown I also understand that the adminis- cur with my friend from Oregon, the lenders leave the program, students tration intends to request increased distinguished Chairman of the Appro- and communities are the real losers. funds for the Police Corps Program in priations Committee, that this would I was pleased to have worked with fiscal year 1997, at which time other ju- be an appropriate use of this authority. the chairman of the Labor and Human risdictions can be added.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1853 I look forward to the commencement forts of Lou Henson, who has an- January 4, 1996; to the Committee on Gov- of the Police Corps effort, and expect nounced his retirement from coaching ernmental Affairs. that in the jurisdictions in which it is after 21 years at the University of Illi- EC–2020. A communication from the Chair- man of the Council of the District of Colum- implemented it will make a real dif- nois. Before beginning his fine career bia, transmitting, pursuant to law, copies of ference in public safety and police- at Illinois, Henson both played and D.C. Act 11-191 adopted by the Council on community relations. coached at New Mexico State Univer- January 4, 1996; to the Committee on Gov- f sity. He coached the 1970 Aggies to the ernmental Affairs. Final Four and in 1989 brought the EC–2021. A communication from the Chair- MORNING BUSINESS Illini there as well. Henson leaves col- man of the Council of the District of Colum- bia, transmitting, pursuant to law, copies of Mr. BURNS. Mr. President, I ask lage basketball with an overall record D.C. Act 11-192 adopted by the Council on unanimous consent that there now be a of 663 wins against 223 losses. He has January 4, 1996; to the Committee on Gov- period for the transaction of morning been a credit to the game and to New ernmental Affairs. business with Senators permitted to Mexico. EC–2022. A communication from the Chair- man of the Council of the District of Colum- speak up to 5 minutes each. f The PRESIDING OFFICER. Is there bia, transmitting, pursuant to law, copies of MESSAGES FROM THE PRESIDENT D.C. Act 11-193 adopted by the Council on objection? Without objection, it is so January 4, 1996; to the Committee on Gov- ordered. Messages from the President of the ernmental Affairs. f United States were communicated to EC–2023. A communication from the Chair- the Senate by Mr. Thomas, one of his man of the Council of the District of Colum- THE BAD DEBT BOXSCORE secretaries. bia, transmitting, pursuant to law, copies of D.C. Act 11-194 adopted by the Council on EXECUTIVE MESSAGES REFERRED Mr. HELMS. Mr. President, at the January 4, 1996; to the Committee on Gov- close of business yesterday, March 11, As in executive session the Presiding ernmental Affairs. 1996, the Federal debt stood at Officer laid before the Senate messages EC–2024. A communication from the Chair- $5,017,403,575,141.97. from the President of the United man of the Council of the District of Colum- On a per capita basis, every man, States submitting one nomination bia, transmitting, pursuant to law, copies of woman, and child in America owes which was referred to the Committee D.C. Act 11-195 adopted by the Council on $19,044.49 as his or her share of that on Foreign Relations. January 4, 1996; to the Committee on Gov- ernmental Affairs. debt. f EC–2025. A communication from the Chair- f man of the Council of the District of Colum- EXECUTIVE AND OTHER bia, transmitting, pursuant to law, copies of LOBOS WIN WAC BASKETBALL COMMUNICATIONS D.C. Act 11-196 adopted by the Council on TOURNAMENT The following communications were January 4, 1996; to the Committee on Gov- ernmental Affairs. Mr. BINGAMAN, Mr. President, I laid before the Senate, together with EC–2026. A communication from the Chair- would like to take a moment to say a accompanying papers, reports, and doc- man of the Council of the District of Colum- few words about the University of New uments, which were referred as indi- bia, transmitting, pursuant to law, copies of Mexico men’s basketball team, which cated: D.C. Act 11-198 adopted by the Council on this week completed one of its best EC–2012. A communication from the Direc- January 4, 1996; to the Committee on Gov- seasons ever by winning the Western tor of the Office of Management and Budget, ernmental Affairs. EC–2027. A communication from the Chair- Athletic Conference Tournament title. the Executive Office of the President, transmitting, pursuant to law, the report on ap- man of the Council of the District of Colum- This has been an excellent year for bia, transmitting, pursuant to law, copies of the Lobo basketball program, winning propriations legislation within five days of enactment; to the Committee on the Budget. D.C. Act 11-199 adopted by the Council on 27 games so far and winning the con- EC–2013. A communication from the Assist- January 4, 1996; to the Committee on Gov- ference tournament in dramatic fash- ant Secretary of the Interior for Water and ernmental Affairs. ion. The Lobos were able to pull out a Science, transmitting, pursuant to law, the EC–2028. A communication from the Chair- triple-overtime win over Fresno State report of a proposed contract amendment; to man of the Council of the District of Colum- in the semi-final, and then were able to the Committee on Energy and Natural Re- bia, transmitting, pursuant to law, copies of sources. D.C. Act 11-200 adopted by the Council on come back from that emotional game January 4, 1996; to the Committee on Gov- to upset an excellent Utah team for the EC–2014. A communication from the Direc- tor of Administration and Management, Of- ernmental Affairs. conference tournament championship. EC–2029. A communication from the Chair- fice of the Secretary of Defense, transmit- man of the Council of the District of Colum- What makes the victories especially ting, pursuant to law, a report relative to bia, transmitting, pursuant to law, copies of gratifying for New Mexicans is the the Pentagon Reservation; to the Committee D.C. Act 11-197 adopted by the Council on large number of New Mexico high on Appropriations. January 4, 1996; to the Committee on Gov- school basketball players that make up EC–2015. A communication from the Chair- ernmental Affairs. this team. Being a sparsely populated man of the Council of the District of Colum- EC–2030. A communication from the Chair- state, our universities have often need- bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- ed to recruit from throughout the D.C. Act 11-180 adopted by the Council on bia, transmitting, pursuant to law, copies of country for athletes. Often our schools January 4, 1996; to the Committee on Gov- D.C. Act 11-201 adopted by the Council on ernmental Affairs. January 4, 1996; to the Committee on Gov- would field teams, both successful and EC–2016. A communication from the Chair- unsuccessful, that included no native ernmental Affairs. man of the Council of the District of Colum- EC–2031. A communication from the Chair- New Mexicans. It is a tribute to the bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- quality of New Mexico’s high school D.C. Act 11-181 adopted by the Council on bia, transmitting, pursuant to law, copies of athletic programs that athletes such as January 4, 1996; to the Committee on Gov- D.C. Act 11-202 adopted by the Council on Kenny Thomas, David Gibson, Royce ernmental Affairs. January 4, 1996; to the Committee on Gov- Olney and Daniel Santiago have played EC–2017. A communication from the Chair- ernmental Affairs. such an integral part in this season’s man of the Council of the District of Colum- EC–2032. A communication from the Chair- bia, transmitting, pursuant to law, copies of achievements. man of the Council of the District of Colum- D.C. Act 11-185 adopted by the Council on bia, transmitting, pursuant to law, copies of I congratulate coach Dave Bliss and January 4, 1996; to the Committee on Gov- D.C. Act 11-215 adopted by the Council on his team for making its fourth appear- ernmental Affairs. January 4, 1996; to the Committee on Gov- ance in six years in the NCAA Men’s EC–2018. A communication from the Chair- ernmental Affairs. Basketball Tournament and for win- man of the Council of the District of Colum- EC–2033. A communication from the Chair- ning the Western Athletic Conference bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- Championship. D.C. Act 11-189 adopted by the Council on bia, transmitting, pursuant to law, copies of I also congratulate Don Flanangan January 4, 1996; to the Committee on Gov- D.C. Act 11-217 adopted by the Council on ernmental Affairs. and the UNM Women’s which made it January 4, 1996; to the Committee on Gov- EC–2019. A communication from the Chair- ernmental Affairs. to the conference finals. man of the Council of the District of Colum- EC–2034. A communication from the Chair- I would also like to take this oppor- bia, transmitting, pursuant to law, copies of man of the Council of the District of Colum- tunity to recognize the coaching ef- D.C. Act 11-190 adopted by the Council on bia, transmitting, pursuant to law, copies of

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1854 CONGRESSIONAL RECORD — SENATE March 12, 1996 D.C. Act 11-218 adopted by the Council on transmitting, pursuant to law, the report Col. Fred P. Lewis, 000–00–0000 January 4, 1996; to the Committee on Gov- under the Government in the Sunshine Act Col. Stephen R. Lorenz, 000–00–0000 ernmental Affairs. for calendar year 1995; to the Committee on Col. Maurice L. McFann, Jr., 000–00–0000 EC–2035. A communication from the Dis- Governmental Affairs. Col. John W. Meincke, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2049. A communication from the Chair- Col. Howard J. Mitchell, 000–00–0000 suant to law, the report entitled ‘‘Audit of man of the National Transportation Safety Col. William A. Moorman, 000–00–0000 the Boxing and Wrestling Commission for Board, transmitting, pursuant to law, the re- Col. Teed M. Moseley, 000–00–0000 Fiscal Year 1994’’; to the Committee on Gov- port under the Government in the Sunshine Col. Robert M. Murdock, 000–00–0000 ernmental Affairs. Act for calendar year 1995; to the Committee Col. Michael C. Mushala, 000–00–0000 EC–2036. A communication from the Dis- on Governmental Affairs. Col. David A. Nagy, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2050. A communication from the Execu- Col. Wilbert D. Pearson, Jr., 000–00–0000 suant to law, the report entitled ‘‘Evaluation tive Secretary of the National Labor Rela- Col. Timothy A. Peppe, 000–00–0000 of the D.C. Lottery Board’s Wagering Can- tions Board, transmitting, pursuant to law, Col. Craig P. Rasmussen, 000–00–0000 cellation Methodology’’; to the Committee the report under the Government in the Sun- Col. John F. Regni, 000–00–0000 on Governmental Affairs. shine Act for calendar year 1995; to the Com- Col. Victor E. Renuart, Jr., 000–00–0000 EC–2037. A communication from the Dis- mittee on Governmental Affairs. Col. Richard V. Reynolds, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2051. A communication from the Chair- Col. Earnest O. Robbins II, 000–00–0000 suant to law, the report entitled ‘‘Review of man of the U.S. Parole Commission, Depart- Col. Steven A. Roser, 000–00–0000 the Fiscal Year 1995 Comprehensive Annual ment of Justice, transmitting, pursuant to Col. Mary L. Saunders, 000–00–0000 Financial Report’’; to the Committee on law, the report under the Government in the Col. Glen D. Shaffer, 000–00–0000 Governmental Affairs. Sunshine Act for calendar year 1995; to the Col. James N. Soligan, 000–00–0000 EC–2038. A communication from the Dis- Committee on Governmental Affairs. Col. Billy K. Stewart, 000–00–0000 trict of Columbia Auditor, transmitting, pur- EC–2052. A communication from the Direc- Col. Francis X. Taylor, 000–00–0000 suant to law, the report entitled ‘‘Review tor of the Office of Communications and Leg- Col. Rodney W. Wood, 000–00–0000 and Analysis of the District’s Accounts Re- islative Affairs, Equal Employment Oppor- The following-named captains in the line ceivable’’; to the Committee on Govern- tunity Commission, transmitting, pursuant of the U.S. Navy for promotion to the perma- mental Affairs. to law, the report under the Government in nent grade of rear admiral (lower half), pur- EC–2039. A communication from the Dis- the Sunshine Act for calendar year 1995; to suant to title 10, United States Code, section trict of Columbia Auditor, transmitting, pur- the Committee on Governmental Affairs. 624, subject to qualifications therefore as suant to law, the report entitled ‘‘Analysis EC–2053. A communication from the Chair- provided by law: of the Revised Fiscal Year 1996 General Fund man of the Merit Systems Protection Board, UNRESTRICTED LINE OFFICER Revenue Estimates in Support of the May- transmitting, pursuant to law, the report To be rear admiral (lower half) or’s Budget for Fiscal Year 1996’’; to the under the Government in the Sunshine Act Committee on Governmental Affairs. Capt. William Wilson Pickavance, Jr., 000– for calendar year 1995; to the Committee on 00–0000 EC–2040. A communication from the Chair- Governmental Affairs. man of the Council of the District of Colum- ENGINEERING DUTY OFFICER f bia, transmitting, pursuant to law, copies of To be rear admiral (lower half) D.C. Act 11-213 adopted by the Council on REPORTS OF COMMITTEE Capt. George Richard Yount, 000–00–0000 February 6, 1996; to the Committee on Gov- Pursuant to an order of the Senate of June ernmental Affairs. The following report of committee 29, 1990, EC–2041. A communication from the Dis- was submitted: Ordered, that the following nomination be trict of Columbia Auditor, transmitting, pur- By Mr. HATFIELD, from the Committee referred jointly to the Committees on Armed suant to law, the report entitled ‘‘Review of on Appropriations: Services and Energy and Natural Resources: the Boxing Event of October 15, 1995 Regu- Special Report entitled ‘‘Revised Alloca- *Alvin L. Alm, of Virginia, to be an Assist- lated by the District of Columbia Boxing and tion to Subcommittees of Budget Totals ant Secretary of Energy (Environmental Wrestling Commission’’; to the Committee From the Concurrent Resolution for Fiscal Management) on Governmental Affairs. Year 1996’’ (Rept. No. 104–240). The following-named officers for pro- EC–2042. A communication from the Direc- motion in the Regular Army of the United tor of the Office of Management and Budget, f States to the grade indicated, under title 10, Executive Office of the President, transmit- EXECUTIVE REPORTS OF United States Code, sections 611(a) and 624: ting, pursuant to law, the report under the COMMITTEES Chief Financial Officers Act for fiscal year To be brigadier general 1995; to the Committee on Governmental Af- The following executive reports of Col. Joseph W. Arbuckle, 000–00–0000 fairs. committees were submitted: Col. Barry D. Bates, 000–00–0000 EC–2043. A communication from the Chief By Mr. THURMOND, from the Committee Col. William G. Boykin, 000–00–0000 Financial Officer of the Export-Import Bank, on Armed Services: Col. Charles M. Burke, 000–00–0000 transmitting, pursuant to law, the report The following-named officers for pro- Col. Charles C. Campbell, 000–00–0000 under the Chief Financial Officers Act for motion in the Regular Air Force of the Col. James L. Campbell, 000–00–0000 fiscal year 1995; to the Committee on Gov- United States to the grade indicated under Col. Joseph R. Capka, 000–00–0000 ernmental Affairs. title 10, United States Code, section 624: Col. George W. Casey, Jr., 000–00–0000 EC–2044. A communication from the Execu- Col. John T. Casey, 000–00–0000 To be brigadier general tive Officer of the National Science Board, Col. Dean W. Cash, 000–00–0000 transmitting, pursuant to law, the report Col. Brian A. Arnold, 000–00–0000 Col. Dennis D. Cavin, 000–00–0000 under the Government in the Sunshine Act Col. John R. Baker, 000–00–0000 Col. Robert F. Dees, 000–00–0000 for calendar year 1995; to the Committee on Col. Richard T. Banholzer, 000–00–0000 Col. Larry J. Dodgen, 000–00–0000 Governmental Affairs. Col. John L. Barry, 000–00–0000 Col. John C. Doesburg, 000–00–0000 EC–2045. A communication from the Gen- Col. John D. Becker, 000–00–0000 Col. James E. Donald, 000–00–0000 eral Counsel and Corporate Secretary of the Col. Robert F. Behler, 000–00–0000 Col. David W. Foley, 000–00–0000 Legal Services Corporation, transmitting, Col. Scott C. Bergren, 000–00–0000 Col. Harry D. Gatanas, 000–00–0000 pursuant to law, the report under the Gov- Col. Paul L. Bielowicz, 000–00–0000 Col. Robert A. Harding, 000–00–0000 ernment in the Sunshine Act for calendar Col. Franklin J. Blaisdell, 000–00–0000 Col. Roderick J. Isler, 000–00–0000 year 1995; to the Committee on Govern- Col. John S. Boone, 000–00–0000 Col. Dennis K. Jackson, 000–00–0000 mental Affairs. Col. Clayton G. Bridges, 000–00–0000 Col. Alan D. Johnson, 000–00–0000 EC–2046. A communication from the Chair- Col. John W. Brooks, 000–00–0000 Col. Anthony R. Jones, 000–00–0000 man of the Federal Housing Finance Board, Col. Walter E.L. Buchanan III, 000–00–0000 Col. William J. Lennox, Jr., 000–00–0000 transmitting, pursuant to law, the report Col. Carrol H. Chandler, 000–00–0000 Col. James J. Lovelace, Jr., 000–00–0000 under the Government in the Sunshine Act Col. John L. Clay, 000–00–0000 Col. Jerry W. McElwee, 000–00–0000 for calendar year 1995; to the Committee on Col. Richard A. Coleman, Jr., 000–00–0000 Col. David D. McKiernan, 000–00–0000 Governmental Affairs. Col. Paul R. Dordal, 000–00–0000 Col. Clayton E. Melton, 000–00–0000 EC–2047. A communication from the Chair- Col. Michael M. Dunn, 000–00–0000 Col. Willie B. Nance, Jr., 000–00–0000 man of the Board of Governors of the U.S. Col. Thomas F. Gioconda, 000–00–0000 Col. Robert W. Noonan, Jr., 000–00–0000 Postal Service, transmitting, pursuant to Col. Thomas B. Goslin, Jr., 000–00–0000 Col. Kenneth L. Privratsky, 000–00–0000 law, the report under the Government in the Col. Jack R. Holbein, Jr., 000–00–0000 Col. Hawthorne L. Proctor, 000–00–0000 Sunshine Act for calendar year 1995; to the Col. John G. Jernigan, 000–00–0000 Col. Ralph R. Ripley, 000–00–0000 Committee on Governmental Affairs. Col. Charles L. Johnson II, 000–00–0000 Col. Earl M. Simms, 000–00–0000 EC–2048. A communication from the Sec- Col. Lawrence D. Johnston, 000–00–0000 Col. Zannie O. Smith, 000–00–0000 retary of the Mississippi River Commission, Col. Dennis R. Larsen, 000–00–0000 Col. Robert L. VanAntwerp, Jr., 000–00–0000 Corps of Engineers, Department of the Army, Col. Theodore W. Lay II, 000–00–0000 Col. Hans A. VanWinkle, 000–00–0000

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1855 Col. Robert W. Wagner, 000–00–0000 Army to the grade indicated under Title 10, tion Act requirements regarding sepa- Col. Daniel R. Zanini, 000–00–0000 United States Code, sections 3385, 3392 and rate detention and confinement of ju- AIR FORCE 12203(a): veniles, and for other purposes; to the The following-named officers for pro- To be major general Committee on the Judiciary. motion in the Regular Air Force of the Brig. Gen. Stanhope S. Spears, 000–00–0000 THE JUVENILE JAIL IMPROVEMENT ACT OF 1996 United States to the grade indicated under (The above nominations were re- ∑ Mr. KOHL. Mr. President, I introduce title 10, United States Code, section 624: ported with the recommendation that the Juvenile Jail Improvement Act of To be major general they be confirmed.) 1996. Brig. Gen. Thomas R. Case, 000–00–0000 We face a growing and frightening f Brig. Gen. Donald G. Cook, 000–00–0000 tide of juvenile violence. And that tide Brig. Gen. Charles H. Coolidge, Jr., 000–00– INTRODUCTION OF BILLS AND is threatening to swamp our rural sher- 0000 JOINT RESOLUTIONS Brig. Gen. John R. Dallager, 000–00–0000 iffs. It is increasingly common for Brig. Gen. Richard L. Engel, 000–00–0000 The following bills and joint resolu- rural sheriffs to face a terrible di- Brig. Gen. Marvin R. Esmond, 000–00–0000 tions were introduced, read the first lemma every time they arrest a juve- Brig. Gen. Bobby O. Floyd, 000–00–0000 and second time by unanimous con- nile—they either have to release a po- Brig. Gen. Robert H. Foglesong, 000–00–0000 sent, and referred as indicated: tentially violent juvenile on the street Brig. Gen. Jeffrey R. Grime, 000–00–0000 By Mr. KOHL: to await trial or they have to spend in- Brig. Gen. John W. Hawley, 000–00–0000 valuable time and manpower chauf- Brig. Gen. Michael V. Hayden, 000–00–0000 S. 1604. A bill to improve the Juvenile Jus- Brig. Gen. William T. Hobbins, 000–00–0000 tice and Delinquency Prevention Act re- feuring the juvenile around their State Brig. Gen. John D. Hopper, Jr., 000–00–0000 quirements regarding separate detention and to an appropriate detention facility. Brig. Gen. Raymond P. Huot, 000–00–0000 confinement of juveniles, and for other pur- Either way, the current system makes Brig. Gen. Timothy A. Kinnan, 000–00–0000 poses; to the Committee on the Judiciary. little sense and needs to be changed. Brig. Gen. Michael C. Kostelnik, 000–00–0000 By Mr. MURKOWSKI (by request): Let me explain how this dilemma Brig. Gen. Lance W. Lord, 000–00–0000 S. 1605. A bill to amend the Energy Policy works. In most rural communities, the and Conservation Act to manage the Stra- Brig. Gen. Ronald C. Marcotte, 000–00–0000 only jail available is built exclusively Brig. Gen. Gregory S. Martin, 000–00–0000 tegic Petroleum Reserve more effectively Brig. Gen. Michael J. McCarthy, 000–00–0000 and for other purposes; to the Committee on for adults. There are no special juve- Brig. Gen. John F. Miller, Jr., 000–00–0000 Energy and Natural Resources. nile facilities. But sometimes, the com- Brig. Gen. Charles H. Perez, 000–00–0000 By Mr. HATCH (for himself, Mrs. FEIN- munity can create a separate portion Brig. Gen. Stephen B. Plummer, 000–00–0000 STEIN, Mr. THURMOND, Mr. DEWINE, of the jail for juveniles. However, under Brig. Gen. David A. Sawyer, 000–00–0000 Mr. KOHL, and Mr. BIDEN): current law, a juvenile picked up for Brig. Gen. Terryl J. Schwalier, 000–00–0000 S. 1606. A bill to control the use of biologi- criminal activity can only be held in a Brig. Gen. George T. Stringer, 000–00–0000 cal agents that have the potential to pose a separate portion of an adult facility for Brig. Gen. Gary A. Voellger, 000–00–0000 severe threat to public health and safety, up to 24 hours. After that, the juvenile AIR FORCE and for other purposes; to the Committee on the Judiciary. must be transported—often across hun- The following-named officers for appoint- dreds of miles—to a separate juvenile ment in the Air National Guard of the U.S. By Mrs. FEINSTEIN (for herself, Mr. Air Force, to the grade indicated, under the GRASSLEY, Mr. REID, and Mr. KYL): detention facility, often to be returned provisions of Title 10, United States Code, S. 1607. A bill to control access to pre- to the very same jail 2 or 3 days later Sections 8373, 8374, 12201, and 12212: cursor chemicals used to manufacture meth- for a court date. This system often amphetamine and other illicit narcotics, and To be major general leaves rural law enforcement criss- for other purposes; to the Committee on the crossing the State with a single juve- Brig. Gen. James F. Brown, 000–00–0000 Judiciary. nile—and results in massive expenses Brig. Gen. James McIntosh, 000–00–0000 By Mr. MCCAIN (for himself and Mr. To be brigadier general INOUYE): for law enforcement with little benefit Col. Gary A. Brewington, 000–00–0000 S. 1608. A bill to extend the applicability of for juveniles, who spend endless hours Col. William L. Fleshman, 000–00–0000 certain regulatory authority under the In- in a squad car. Such a process does not Col. Allen H. Henderson, 000–00–0000 dian Self-Determination and Education As- serve anyone’s interests. Col. John E. Iffland, 000–00–0000 sistance Act, and for other purposes; to the And that is not all that rural sheriffs Col. Dennis J. Kerkman, 000–00–0000 Committee on Indian Affairs. face. Even qualifying for the 24-hour Col. Stephen M. Koper, 000–00–0000 By Mr. BIDEN: exception can be a nightmare. That’s Col. Anthony L. Liguori, 000–00–0000 S. 1609. A bill to provide for the resched- because juveniles can be kept in adult uling of flunitrazepan into schedule I of the Col. Kenneth W. Mahon, 000–00–0000 jails only under a very stringent set of Col. William H. Phillips, 000–00–0000 Controlled Substances Act, and for other Col. Jerry H. Risher, 000–00–0000 purposes; to the Committee on the Judici- rules. Keeping juveniles in an adult jail Col. William J. Shondel, 000–00–0000 ary. is known as collocation. It can only be AIR FORCE f done if there is strict sight and sound The following-named officer for appoint- separation between the adults and the SUBMISSION OF CONCURRENT AND juveniles as well as completely sepa- ment to the grade of lieutenant general SENATE RESOLUTIONS while assigned to a position of importance rate staff. For many small commu- and responsibility under Title 10, United The following concurrent resolutions nities, making these physical and staff States Code, Section 601: and Senate resolutions were read, and changes to their jails is prohibitively To be lieutenant general referred (or acted upon), as indicated: expensive. Major Gen. Richard C. Bethurem, 000–00– By Mr. CAMPBELL: So sheriffs faced with diverting offi- 0000 S. Con. Res. 44. Concurrent resolution au- cers to drive around the State in The following-named officer for appoint- thorizing the use of the Capitol Grounds for search of a detention facility may ment to the grade of general while assigned an event sponsored by the Specialty Equip- chose to let the juvenile free while to a position of importance and responsi- ment Market Association; to the Committee awaiting trial. This prospect should bility under Title 10, United States Code, on Rules and Administration. frighten anyone who is aware of the Section 601: By Mr. DOLE (for himself and Mr. growing trend in juvenile violence. To be general HELMS): Today, I am introducing legislation S. Con. Res. 45. Concurrent resolution au- Lt. Gen. Michael E. Ryan, 000–00–0000 thorizing the use of the Capitol Rotunda on that is designed to cure this problem. The following-named officer for reappoint- May 2, 1996, for the presentation of the Con- My legislative solution is simple, ment to the grade of general while assigned gressional Gold Medal to Reverend and Mrs. straightforward and effective. It ex- to a position of importance and responsi- Billy Graham; considered and agreed to. tends from 24 to 72 hours the time dur- bility under Title 10, United States Code, f ing which rural law enforcement may Section 601: collocate juvenile offenders in an adult To be general STATEMENTS ON INTRODUCED facility, as long as juveniles remain Gen. Richard E. Hawley, 000–00–0000 BILLS AND JOINT RESOLUTIONS separated from adults. It also relaxes ARMY By Mr. KOHL: the requirements for acceptable col- The following U.S. Army National Guard S. 1604. A bill to improve the Juve- location. After taking a hard look at officer for promotion in the Reserve of the nile Justice and Delinquency Preven- how the collocation rules have

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1856 CONGRESSIONAL RECORD — SENATE March 12, 1996 worked—and in what ways they have SEC. 3. CLARIFICATION OF CONTACT RULES. (2) by striking paragraphs (3) and (6). failed—this legislation comes to a rea- Section 223(a)(14) of the Juvenile Justice SEC. 3. Title I of the Energy Policy and sonable compromise, and, as a result, it and Delinquency Prevention Act of 1974 (42 Conservation Act (42 U.S.C. 6211–6251) is U.S.C. 5633(a)(14)) is amended— amended— has the support of the Badger Sheriffs (1) by striking ‘‘1997’’ and inserting ‘‘2001’’; (a) by striking section 102 (42 U.S.C. 6211), Association. (2) by striking ‘‘pursuant to an enforceable (b) in section 105 (42 U.S.C. 6213)— Mr. President, one of our most im- State law requiring such appearances within (1) by amending subsection (a) to read as portant goals is assuring that any twenty-four hours after being taken into follows— changes to these rules does not sac- custody (excluding weekends and holidays)’’ ‘‘(a) The Secretary of the Interior shall rifice the safety and welfare of arrested and inserting ‘‘and permit the detention or prohibit the bidding for any right to develop juveniles. In addition to the growing confinement of juveniles in a State approved crude oil, natural gas, and natural gas liq- uids on any lands located on the Outer Con- fear about juvenile violence, we have portion of a county jail or secure detention facility for up to 72 hours’’; and tinental Shelf by any person if more than witnessed a growing anger and frustra- (3) by striking ‘‘such exceptions are’’ and one major oil company, more than one affil- tion at juveniles. That frustration all that follows through the end of the para- iate of a major oil company, or a major oil should not lead us to forget the painful graph and inserting the following: ‘‘such ex- company and any affiliate of a major oil lessons we learned many years ago ceptions— company, has or have a significant owner- about abusive and dangerous treatment ‘‘(A) are limited to areas that are in com- ship interest in that person, when the Sec- of delinquent children. Twenty years pliance with paragraph (13) and— retary determines prior to any lease sale ago, we learned about kids who were ‘‘(i) are outside a Standard Metropolitan that this bidding would adversely affect Statistical Area; and competition or the receipt of fair market thrown in jail where they were victim- ‘‘(ii) have no existing acceptable alter- value.’’, and ized and abused by adult prisoners; or native placement available that is easily ac- (2) by striking subsections (c) and (e). where, without proper supervision, cessible; (c) by striking section 106 (42 U.S.C. 6214), they committed suicide; or, where, ‘‘(B) permit the same staff members to (d) in section 151 (42 U.S.C. 6231)— guarded by people who only had experi- oversee both juveniles and adults only if (1) in subsection (a) by striking ‘‘limited’’ ence with adult prisoners, they were such staff members have been properly and ‘‘short-term’’, and trained and certified to supervise juveniles; (2) by amending subsection (b) to read as disciplined savagely. When we give in follows: to the temptation to just throw juve- and ‘‘(C) ensure that juveniles have no regular ‘‘(b) It is the policy of the United States to niles in jail and teach them a tough contact with adult persons who are incarcer- provide for the creation of a Strategic Petro- lesson, we are often ill rewarded. So ated because they have been convicted of a leum Reserve for the storage of up to 1 bil- even as we loosen these collocation re- crime or are awaiting trial on criminal lion barrels of petroleum products to reduce quirements, we must bear in mind that charges;’’.∑ the impact of disruptions in supplies of pe- the juvenile justice system still has as troleum products or to carry out obligations its principle goal rehabilitation, not By Mr. MURKOWSKI (by re- of the United States under the international quest): energy program.’’, harsh retribution. (e) in section 152 (42 U.S.C. 6232)— My conversations with administra- S. 1605. A bill to amend the Energy (1) by striking paragraphs (1) and (7), and tors, sheriffs, and juvenile court judges Policy and Conservation Act to man- (2) in paragraph (11) by striking ‘‘, the have led me to conclude that we must age the strategic petroleum reserve Early Storage Reserve, and the Regional Pe- bring greater flexibility—and less red- more effectively and for other pur- troleum Reserve ‘‘, and by adding a period tape—to the Juvenile Justice Act. It is poses; to the Committee on Energy and after Industrial Petroleum Reserve. Natural Resources. (f) by striking section 153 (42 U.S.C. 6233), my hope that this legislation—which (g) in section 154 (42 U.S.C. 6234)— offers greater flexibility while retain- THE ENERGY POLICY AND CONSERVATION ACT (1) by amending subsection (a) to read as ing important protections regarding AMENDMENTS ACT OF 1996 follows: the separation of juveniles from ∑ Mr. MURKOWSKI. Mr. President, ‘‘(a) A Strategic Petroleum Reserve for the adults—will meet with strong support pursuant to an executive communica- storage of up to 1 billion barrels of petro- from the Senate. tion referred to the Committee on En- leum products shall be created pursuant to Mr. President, I ask unanimous con- ergy and Natural Resources, at the re- this part.’’. sent that the full text of this bill be quest of the Secretary of Energy, I (2) by amending subsection (b) to read as follows: printed in the RECORD. send to the desk a bill to amend and ‘‘(b) The Secretary, acting through the There being no objection, the bill was extend certain authorities in the En- Strategic Petroleum Reserve Office and in ordered to be printed in the RECORD, as ergy Policy and conservation Act accordance with this part, shall exercise au- follows: which either have expired or will ex- thority over the development, operation, and S. 1604 pire June 30, 1996. maintenance of the Reserve.’’, and Be it enacted by the Senate and House of Rep- Although I do not necessarily agree (3) by striking subsections (c), (d), and (e). (h) by striking section 155 (42 U.S.C. 6235), resentatives of the United States of America in with all of the provisions of this bill, (i) in section 156(b) (42 U.S.C. 6236(b)), by Congress assembled, the reauthorization of the programs striking ‘‘To implement the Early Storage SECTION 1. SHORT TITLE. covered by the legislation, including Reserve Plan or the Strategic Petroleum Re- This Act may be cited as the ‘‘Juvenile the strategic petroleum reserve, is an serve Plan which has taken effect pursuant Jail Improvement Act’’. important issue that must be fully con- to section 159(a), the’’ and inserting ‘‘The’’. SEC. 2. FINDINGS. sidered by the committee and the Sen- (j) by striking section 157 (42 U.S.C. 6237), Congress finds that— ate. Thus, I introduce this draft legis- (k) by striking section 158 (42 U.S.C. 6238), (1) current Juvenile Justice and Delin- (l) by amending the heading for section 159 quency Prevention Act rules and regulations lation today and ask unanimous con- (42 U.S.C. 6239) to read, ‘‘Development, Oper- concerning the separation of adults from ju- sent that the executive communication ation, and Maintenance of the Reserve’’, veniles during short periods of detention or and the bill be printed in the RECORD (m) in section 159 (42 U.S.C. 6239)— confinement have proven unduly burdensome There being no objection, the mate- (1) by striking subsections (a), (b), (c), (d), for rural law enforcement; rial was ordered to be printed in the and (e), (2) altering requirements concerning the RECORD, as follows: (2) by amending subsection (f) to read as length of stay permitted in a State-approved follows: portion of a county jail or secure detention S. 1605 ‘‘(f) In order to develop, operate, or main- facility, while retaining the separation of ju- Be it enacted by the Senate and House of Rep- tain the Strategic Petroleum Reserve the veniles from adults, would diminish these resentatives of the United States of America in Secretary may: burdens without harm to juveniles; Congress assembled, That this Act may be ‘‘(1) issue rules, regulations, or orders; (3) the requirement of completely separate cited as the ‘‘Energy Policy and Conserva- ‘‘(2) acquire by purchase, condemnation, or staffing during these short stays also creates tion Act Amendments Act’’. otherwise, land or interests in land for the large burdens yet yields little benefit for ju- SEC. 2. Section 2 of the Energy Policy and location of storage and related facilities; veniles; and Conservation Act (42 U.S.C. 6201) is amend- ‘‘(3) construct, purchase, lease, or other- (4) experience with shared staff indicates ed— wise acquire storage and related facilities; that juveniles are not harmed by the use of (1) in paragraph (1) by striking ‘‘standby’’ ‘‘(4) use, lease, maintain, sell, or otherwise shared staff, so long as the staff members are and ‘‘, subject to congressional review to im- dispose of storage and related facilities ac- appropriately trained and certified, and juve- pose rationing, to reduce demand for energy quired under this part, under such terms and niles do not have regular contact with through the implementation of energy con- conditions as the Secretary may deem nec- adults. servation plans, and’’, and essary or appropriate;

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1857 ‘‘(5) acquire, subject to the provisions of ‘‘(d)(1) No drawdown and distribution of ‘‘(B) the Secretary notifies each House of section 160, by purchase, exchange, or other- the Strategic Petroleum Reserve may be the Congress of the determination and iden- wise, petroleum products for storage in the made unless the President has found draw- tifies in the notification the location, type, Strategic Petroleum Reserve; down and distribution is required by a severe and ownership of storage and related facili- ‘‘(6) store petroleum products in storage fa- energy supply interruption or by obligations ties proposed to be included, or the volume, cilities owned and controlled by the United of the United States under the international type, and ownership of petroleum product States or in storage facilities owned by oth- energy program.’’, proposed to be stored, in the Reserve, and an ers if those facilities are subject to audit by (3) by amending subsection (e) to read as estimate of the proposed benefits.’’. the United States; follows: (u) in section 172 (42 U.S.C. 6249a), by strik- ‘‘(7) execute any contracts necessary to de- ‘‘(e)(1) The Secretary shall sell any petro- ing subsections (a) and (b), velop, operate, or maintain the Strategic Pe- leum products withdrawn from the Strategic (v) by striking section 173 (42 U.S.C. 6249b), troleum Reserve; Petroleum Reserve at public sale to the and ‘‘(8) require an importer of petroleum prod- highest qualified bidder in the amounts for (w) in section 181 (42 U.S.C. 6251), by strik- ucts or refiner to acquire and to store and the period, and after a notice of sale the Sec- ing ‘‘June 30, 1996’’ each time it appears and maintain, in readily available inventories, retary considers proper, and without regard inserting ‘‘September 30, 2001’’. petroleum products in the Industrial Petro- to Federal, State, or local regulations con- SEC. 4. Title II of the Energy Policy and leum Reserve, under section 156; trolling sales of petroleum products. Conservation Act (42 U.S.C. 6211–6251) is ‘‘(9) require the storage of petroleum prod- ‘‘(2) The Secretary may cancel in whole or amended— ucts in the Industrial Petroleum Reserve, in part any offer to sell petroleum products (a) by striking Part A (42 U.S.C. 6261 under section 156, on terms that the Sec- as part of any drawdown and distribution through 6264), retary specifies, in storage facilities owned under this Section.’’, and (b) by striking ‘‘section 252(l)(1)’’ in section and controlled by the United States or in (4) in subsection (g)— 251(e)(1) (42 U.S.C. 6271(e)(1)) and inserting storage facilities other than those owned by (A) in paragraph (1), by striking ‘‘Distribu- ‘‘section 252(k)(1)’’, the United States if those facilities are sub- tion Plan’’ and inserting ‘‘distribution proce- (c) in section 252(42 U.S.C. 6272)— ject to audit by the United States; dures’’, (1) in subsections (a)(1) and (b), by striking ‘‘(10) require the maintenance of the Indus- (B) by striking paragraphs (2) and (6), and ‘‘allocation and information provisions of trial Petroleum Reserve; (C) in paragraph (4), by striking ‘‘90’’ and the international energy program’’ and in- ‘‘(11) bring an action, when the Secretary inserting ‘‘95’’. serting ‘‘international emergency response considers it necessary, in any court having (p) by striking section 164 (42 U.S.C. 6244), provisions’’, jurisdiction over the proceedings, to acquire (q) by amending section 165 (42 U.S.C. 6245) (2) in subsection (d)(3), by striking by condemnation any real or personal prop- to read as follows— ‘‘known’’ and inserting after ‘‘cir- erty, including facilities, temporary use of ‘‘SEC. 165. The Secretary shall report annu- cumstances’’ ‘‘known at the time of ap- facilities, or other interests in land, together ally to the President and the Congress on ac- proval’’, with any personal property located on or tions taken to implement this part. This re- (3) in subsection (e)(2) by striking ‘‘shall’’ used with the land, and port shall include— and inserting ‘‘may’’, ‘‘(12) to the extent provided in an Appro- ‘‘(1) the status of the physical capacity of (4) in subsection (f)(2) by inserting ‘‘vol- priations Act, and not withstanding section the Reserve and the type and quantity of pe- untary agreement or’’ after ‘‘approved’’, 649(b) of the Department of Energy Organiza- troleum in the Reserve; (5) by amending subsection (h) to read as ‘‘(2) an estimate of the schedule and cost to tion Act (42 U.S.C. 7259(b)), the Secretary is follows— complete planned equipment upgrade or cap- authorized to store in unused SPR facilities ‘‘(h) Section 708 of the Defense Production ital investment in the Reserve, including by lease or otherwise petroleum product Act of 1950 shall not apply to any agreement those carried out as part of operational owned by a foreign government or its rep- or action undertaken for the purpose of de- maintenance or extension of life activities; resentative, petroleum product stored under veloping or carrying out— ‘‘(3) an identification of any life-limiting this paragraph is not part of the Reserve, is ‘‘(1) the international energy program, or conditions or operational problems at any not subject to part C of this title, and not- ‘‘(2) any allocation, price control, or simi- Reserve facility, and proposed remedial ac- withstanding any provision of this Act, may lar program with respect to petroleum prod- tions including an estimate of the schedule be exported from the United States.’’. ucts under this Act.’’, and cost of implementing such remedial ac- (3) in subsection (g)— (6) in subsection (i) by inserting ‘‘annually, tions; (A) by striking ‘‘implementation’’ and in- or’’ after ‘‘least’’ and by inserting ‘‘during an ‘‘(4) a description of current withdrawal serting ‘‘development’’, and international energy supply emergency’’ and distribution rates and capabilities, and (B) by striking ‘‘Plan’’. after ‘‘months’’, an identification of any operational or other (4) by striking subsections (h) and (i), (7) in subsection (k) by amending para- (5) by amending subsection (j) to read as limitations on such rates and capabilities; graph (2) to read as follows— ‘‘(5) an identification of purchases of petro- follows: ‘‘(2) The term ‘‘international emergency leum made in the preceding year and planned ‘‘(j) When the Secretary determines that a response provisions’’ means— in the following year, including quantity, 750,000,000 barrel inventory can reasonably be ‘‘(A) the provisions of the international en- price, and type of petroleum; expected to be reached in the Reserve within ergy program which relate to international ‘‘(6) a summary of the actions taken to de- 5 years, a plan for expansion will be sub- allocation of petroleum products and to the velop, operate, and maintain the Reserve; information system provided in the program, mitted to the Congress.’’, and ‘‘(7) a summary of the financial status and (6) by amending subsection (l) to read as and financial transactions of the Strategic Pe- follows: ‘‘(B) the emergency response measures troleum Reserve and Strategic Petroleum ‘‘(l) During any period in which drawdown adopted by the Governing Board of the Inter- Reserve Petroleum Accounts for the year; national Energy Agency (including the July and distribution are being implemented, the ‘‘(8) a summary of expenses for the year, 11, 1984, decision by the Governing Board on Secretary may issue rules, regulations, or and the number of Federal and contractor ‘‘Stocks and Supply Disruptions’’) for— orders to implement the drawdown and dis- employees; tribution of the Strategic Petroleum Reserve ‘‘(9) the status of contracts for develop- ‘‘(i) the coordinated drawdown of stocks of in accordance with section 553 of title 5, ment, operation, maintenance, distribution, petroleum products held or controlled by United States Code, without regard to rule- and other activities related to the implemen- governments, and making requirements in section 523 of this tation of this part, and ‘‘(ii) complementary actions taken by gov- Act, and section 501 of the Department of ‘‘(10) any recommendation for supple- ernments during an existing or impending Energy Organization Act (42 U.S.C. 7191). mental legislation or policy or operational international oil supply disruption’’, and (n) in section 160 (42 U.S.C. 6240)— changes the Secretary considers necessary (8) by amending subsection (l) to read as (1) in subsection (a), by striking all before and appropriate to implement this part.’’. follows— the dash and inserting the following: (r) in section 166 (42 U.S.C. 6246) by striking ‘‘(l) The antitrust defense under subsection ‘‘(a) To the extent funds are available all after ‘‘appropriated’’ and inserting ‘‘the (f) shall not extend to the international allo- under section 167(b) (2) and (3) and for the funds necessary to implement this part.’’, cation of petroleum products unless alloca- purposes of implementing the Strategic Pe- (s) in section 167 (42 U.S.C. 6247)— tion is required by chapters III and IV of the troleum Reserve, the Secretary may acquire (1) in subsection (b)— international energy program during an place in storage, transport, or exchange.’’. (A) by inserting ‘‘for test sales of petro- international energy supply emergency.’’. (2) in subsection (b), by striking ‘‘including leum products from the Reserve,’’ after (d) by adding at the end of section 256(h). the Early Storage Reserve and the Regional ‘‘Strategic Petroleum Reserve,’’, and by in- ‘‘There are authorized to be appropriated for Petroleum Reserve’’ and paragraph (2), and serting ‘‘for’’ before ‘‘the drawdown’’, fiscal years 1996 through 2001, such sums as (3) by striking subsections (c), (d), (e), and (B) by striking paragraph (1), and may be necessary.’’, (g). (C) in paragraph (2), by striking ‘‘after fis- (e) by striking Part C (42 U.S.C. 271 (o) in section 161 (42 U.S.C. 6241)— cal year 1982’’. through 272), and (1) by striking subsections (b) and (c), (t) in section 171 (42 U.S.C. 6249)— (f) in section 281 (42 U.S.C. 6285), by strik- (2) by amending subsection (d)(1) to read as (1) by amending subparagraph (b)(2)(B) to ing ‘‘June 30, 1996’’ each time it appears and follows: read as follows: inserting ‘‘September 30, 2001’’.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1858 CONGRESSIONAL RECORD — SENATE March 12, 1996

SEC. 5. (a) Title III of the energy Policy strategic reserve of petroleum products, and tegic Petroleum Reserve facilities to foreign and Conservation Act (42 U.S.C. 6291–6325 and delete references to the Early Storage Re- governments or their representatives. These 6361–6374) is amended— serve, the objectives of which have been leases also may exceed the five-year limita- (1) in section 365(f) (42 U.S.C. 6325(f)) by achieved. tion of section 649(b). amending paragraph (1) to read as follows: Subsection (e) would amend section 152 of Paragraph (3) would remove references in ‘‘(1) Except as provided in paragraph (2), EPCA by deleting the definition of ‘‘Early subsection (g) of section 159 of EPCA to the for the purpose of carrying out this part, Storage Reserve’’ and ‘‘Regional Petroleum Strategic Petroleum Reserve Plan. there are authorized to be appropriated Reserve.’’ Requirements for and all ref- Paragraph (4) would delete subsections $24,650,000 million for fiscal year 1996 and for erences to these parts of the program would 159(h) and (i) of EPCA. Subsection 159(h) fiscal years 1997 through 2001, such sums as be deleted by this bill. deals with interim storage facilities which may be necessary.’’, and Subsection (f) would strike section 153 of provide for storage of petroleum prior to the (2) section 397 (42 U.S.C. 6371f) is amended EPCA and amend section 154 to reflect the creation of Government-owned facilities. to read as follows: ‘‘For the purpose of car- transfer of the Strategic Petroleum Reserve That authority is no longer needed since the rying out this part, there are authorized Office from the Federal Energy Administra- Reserve has 592 million barrels of oil in stor- $26,849,000 million to be appropriated for fis- tion to the Department of Energy. age and significant unutilized storage capac- cal year 1996 and for fiscal years 1997 through Subsection (g) would amend section 154 of ity Subsection 159(i) required the submission 2001, such sums as may be necessary.’’. EPCA to eliminate requirements for a Stra- of a report to Congress within 18 months (b) in section 400BB(b) (42 U.S.C. 6374a(b)) tegic Petroleum Reserve Plan, and for speci- after enactment of the 1990 EPCA Amend- by amending paragraph (1) to read as follows: fied fill rates and schedules, but would retain ments on the results of contract negotia- ‘‘(1) There are authorized to be appro- authority for a one billion barrel Reserve. tions conducted pursuant to part C of EPCA. priated to the Secretary for carrying out The Strategic Petroleum Reserve Plan is The Department did not conclude any con- this section such sums as may be necessary largely obsolete because the sites that are tracts pursuant to part C and the reporting for fiscal years 1996 through 2001, to remain described for development in the Plan have provision has expired by its own terms. available until expended.’’. now been developed. The need for the Draw- Paragrah (5) would amend subsection 159(j) SEC. 6. Title V of the Energy Policy and down and Distribution Plan, contained in of the EPCA to reflect the elimination of the Conservation Act (42 U.S.C. 6381–6422) is Plan Amendment 4, is eliminated by the statutory requirement for a Strategic Petro- amended— amendment to section 159, which would cod- leum Reserve Plan by amendment of section (1) by striking section 507 (42 U.S.C. 6385), ify competitive sales as the drawdown and 154 of the Act. This amendment would con- and distribution policy and elimination alloca- tinue the requirement for submission to Con- (2) by striking section 522 (42 U.S.C. 6392). tion as a method of distribution. gress of proposed plans for expansion of stor- Subsection (h) would delete section 155 of age capacity following a determination by SECTION-BY-SECTION EPCA, which requires the establishment of the Secretary that the Reserve can reason- SECTION 2. AMENDMENTS TO THE STATEMENT OF an Early Storage Reserve. All of the volu- ably be expected to be filed to 750 million PURPOSES metric goals for the Early Storage Reserve barrels within five years. This reflects the Section 2 of the bill would amend section 2 have been accomplished, and there is no uncertain financing situation for filling of the Energy Policy and Conservation Act longer a distinction between the Early Stor- available capacity in the Reserve and makes (EPCA). age Reserve and any other facilities or petro- planning for capacity expansion beyond cur- Paragraph (1) would strike language refer- leum that make up the Strategic Petroleum rent capacity premature. ring to standby energy conservation and ra- Reserve. Paragraph (6) would amend subsection tioning authorities in title II, part A, which Subsection (i) would amend section 156(b) 159(l) to eliminate the reference to the Dis- expired June 30, 1985. of EPCA on the Industrial Petroleum Re- tribution Plan, but would retain the Sec- Paragraph (2) would strike paragraphs (3) serve authority to remove references to the retary’s authority, during drawdown and dis- and (6) of the Statement of Purposes to re- Early Storage Reserve and the Strategic Pe- tribution of the Reserve, to promulgate regu- flect the bill’s elimination of sections 102 (in- troleum Reserve Plan, which are being de- lations necessary to the drawdown and dis- centives to develop underground coal mines) leted by other amendments. tribution without regard to rulemaking re- Subsection (j) would delete section 157, Re- and 106 (Production of oil or gas at the max- quirements in section 523 of this Act and sec- gional Petroleum Reserve. Section 157 of the imum efficient rate and temporary emer- tion 501 of the Department of Energy Organi- Act requires the establishment of regional gency production rate). zation Act. petroleum reserve of refined products in Fed- Subsection (n) would amend section 160 of SECTION 3. AMENDMENTS TO TITLE I OF EPCA eral Energy Administration regions that are EPCA. Subsection (a) would strike section 102 of dependent upon imports for more than 20 Paragraph (l) would amend subsection EPCA. percent of their consumption. The Depart- 160(a) of EPCA to provide that the Sec- Section 102 of EPCA provides a loan guar- ment determined to substitute crude oil for retary’s authority to acquire petroleum anty program to encourage the opening of products and also determined that the Gulf products for the Strategic Petroleum Re- underground coal mines. Coal supply, how- Coast area is near enough to all areas to pro- serve is contingent on the availability of ever, is abundant, and the loan guarantee vide protection. funds. program has been inactive since the early Subsection (k) would delete 158 of EPCA. Paragraph (2) would amend subsection 1980s. Because there is no current or foresee- Section 158 requires reports to Congress on 160(b) of EPCA by striking the references to able need for the program authorized by sec- Utility Reserves, Coal Reserves, and Remote the Early Storage Reserve and the Regional tion 102 of EPCA, it is appropriate to delete Crude Oil and Natural Gas Reserves within Petroleum Reserve, which would be elimi- the section. six months of passage of the original Act. nated by this bill. Subsection (b) would amend section 105(a) This requirement has been fulfilled. Paragraph (3) would strike subsections 160 of EPCA by providing that the Secretary of Subsection (l) would amend the heading for (c), (d), (e), and (g) of EPCA. the Interior may allow joint bidding by section 159 of EPCA to reflect amendment to Subsection 160(c) of EPCA requires min- major oil companies unless the Secretary de- its contents. imum fill rates. These requirements have termines that this bidding would adversely Subsection (m) would amend section 159 of proved unrealistic given changes in oil mar- affect competition or the receipt of fair mar- EPCA. kets and availability of financing. The pro- ket value. If the Secretary decides to pro- Paragraph (1) would eliminate subsections posed amendment gives the Secretary flexi- hibit joint bidding, it may be done without (a) through (e) of section 159 of EPCA, which bility to fill the Reserve contingent upon the issuing a rule, as previously required. This require Congressional review of the Stra- availability of funds. change would render unnecessary the exemp- tegic Petroleum Reserve Plan and provide Subsection 160(d) links sales authority for tion process required in section 105(c). The for Plan amendments, to reflect the deletion the United States’ share of crude oil at report required in section 105(e) has been of the requirement for a Strategic Petroleum Naval Petroleum Reserve Numbered 1 to a issued to Congress. Reserve Plan in subsection (g) of this amend- fill level of 750,000,000 barrels or a fill rate of Subsection (c) would strike section 106 of ment. 75,000 barrel per day. The requirement for EPCA. Paragraph (2) would amend subsection Strategic Petroleum Reserve fill is depend- Section 106 of EPCA directs the Secretary 159(f) of EPCA to eliminate references to the ent on the availability of financing for Stra- of the Interior to determine the maximum Strategic Petroleum Reserve Plan and the tegic Petroleum Reserve acquisition, and the efficient rate of production and the tem- Early Storage Reserve Plan. This amend- logistics of moving Naval Petroleum Reserve porary emergency rate of production, if any, ment also would clarify and make explicit Numbered 1 crude oil to the Strategic Petro- for each field on Federal lands which pro- the Secretary’s discretionary authority to leum Reserve have proved to be very prob- duces or is capable of producing significant lease, sell, or otherwise dispose of underuti- lematic. volumes of crude oil or natural gas. The lized Strategic Petroleum Reserve facilities. Subsection 160(e) describes various excep- President may then require production at If necessary or appropriate, lease terms tions to the linkage between the Naval Pe- those rates, and the owner may sue for dam- could exceed the five-year limitation of sec- troleum Reserve Numbered 1 crude oil sales ages if economic loss is incurred. tion 649(b) of the Department of Energy Or- authority and the Strategic Petroleum Re- Subsection (d) would amend section 151 of ganization Act. In addition, the Secretary is serve fill rate, which would be eliminated by EPCA to clarify the policy for establishing a given authority to lease under-utilized Stra- this bill.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1859 Subsection 160(g) requires a refined petro- Subsection (r) would amend section 166 of amendment would extend the section 252 leum product reserve test in fiscal years EPCA to authorize appropriations necessary antitrust defense (but not the breach of con- 1992–94, and a report to Congress. The test to implement the Strategic Petroleum Re- tract defense) to U.S. companies when they was not conducted due to insufficient appro- serve, and to delete year specific authoriza- assist the International Energy Agency priations in fiscal year 1992 and fiscal year tions for the early years of the Reserve. (‘‘IEA’’) in planning for and implementing 1993 and was waived in fiscal year 1994. The Subsection (s) would amend section 167 of coordinated drawdown of government-owned required report has been submitted. EPCA to clarify that funds generated by test or government-controlled petroleum stocks. Subsection (o) would amend section 161 of sales will be deposited in the SPR Petroleum In 1984, largely at the urging of the United EPCA. Account. The amendment would remove lan- States, the IEA’s Governing Board adopted a Paragraph (1) would strike subsections 161 guage specific to fiscal year 1982 which lim- decision on ‘‘Stocks and Supply Disruptions’’ (b) and (c) of EPCA, because they refer to its the amount of money in the SPR Petro- which established a framework for coordi- both the Strategic Petroleum Reserve Plan leum Account that year. The amendment nating the drawdown of member countries’ and the Early Storage Reserve Plan which also would delete reference to the use of government-owned and government-con- would be eliminated by this bill. funds for interim storage, which will not be trolled petroleum stocks in those oil supply Paragraph (2) would amend subsection needed because the permanent facilities are disruptions that appear capable of causing 161(d)(1) of EPCA by eliminating the ref- complete for the storage of 750 million bar- severe economic harm, whether or not suffi- erences to the Distribution Plan contained rels of oil. cient to activate the IEP emergency oil shar- in the Strategic Petroleum Reserve Plan but Subsection (t) would amend section 171 of ing and information programs. During the would not change the existing conditions for EPCA to eliminate the reference to a re- 1990–91 Persian Gulf crisis the IEA success- Presidential decision to draw down and dis- quirement for information identical to that fully tested the new coordinated stockdraw tribute the Reserve. in section 154(e) of EPCA. Section 154(e) de- policy. Paragraph (3) would amend subsection scribes information that is included in the Paragraph 1 would amend subsections 161(e) of EPCA to require the Secretary to Strategic Petroleum Reserve Plan, which is 252(a) and (b) of EPCA. These sections would distribute oil from the Reserve via a public deleted in this legislation. Instead, when the be amended by substituting the term ‘‘inter- competitive sale to the highest qualified bid- Secretary notifies the Congress that the De- national emergency response provisions’’ for der. The amendment eliminates the Sec- partment intends to contract for storage of the term ‘‘allocation and information provi- retary’s allocation authority. petroleum under part C, the notification will sions of the international energy program.’’ The amendment also would make explicit include a requirement for information more The new term establishes the scope of oil the authority of the Secretary to cancel a pertinent to the contract. company activities covered by the antitrust sale in progress. This authority would enable Subsection (u) would amend section 172 of defense and includes actions to assist the the Secretary to respond to inordinately low EPCA. IEA in implementing coordinated drawdown bids, changes in market conditions, or a sud- Paragraph (1) would delete subsections (a) of petroleum stocks. den reversal in the nature of the shortage or and (b). The exemption in subsection (a) Paragraph 2 would amend paragraph emergency. from the requirement for a Strategic Petro- 252(d)(3) of EPCA to clarify that a plan of ac- Paragraph (4) would amend subsection leum Reserve Plan amendment is no longer tion submitted to the Attorney General for 161(g) of EPCA. necessary because the bill eliminates the re- approval must be as specific in its descrip- Subparagraph (4)(A) would amend sub- quirement for Plan amendments. Subsection tion of proposed substantive actions as is section 161(g)(1) of EPCA to substitute ‘‘dis- (b) provides that, for purposes of meeting the reasonable ‘‘in light of circumstances known tribution procedures’’ for ‘‘Distribution fill rate requirement in section 160 (d)(1) of at the time of approval’’ rather than ‘‘in Plan’’. EPCA part C contract oil which is removed light of known circumstances.’’ Subparagraph (4)(B) would strike sub- from the Reserve at the end of the contract Paragraph 3 would amend paragraph section 161(g)(2) of EPCA because it refers to agreement shall be considered part of the Re- 252(e)(2) of EPCA to give the Attorney Gen- the Distribution Plan eliminated by the bill, serve until the beginning of the fiscal year eral flexibility in promulgating rules con- and subsection 161(g)(6) of EPCA because it following the fiscal year in which the oil is cerning the maintenance of records by oil refers to the minimum required fill rate removed. This subsection is unnecessary companies related to the development and eliminated by the bill. since the requirement for specific fill rates is carrying out of voluntary agreements and Subparagraph (4)(C) would amend section deleted by amendment of section 160 of the plans of action. 161(g)(4) of EPCA to prevent the Secretary Act. Paragraph 4 would amend paragraph from selling oil during a test sale of the Subsection (v) would delete section 173 of 252(f)(2) of EPCA to clarify that the antitrust Strategic Petroleum Reserve at a price less EPCA which requires congressional review defense applies to oil company actions taken than ‘‘95 percent’’ of the sales price of com- and therefore, public scrutiny of the details to carry out an approved voluntary agree- parable crude oil being sold in the same area of contracts even though no implementing ment as well as an approved plan of action. at the time the Secretary is offering crude legislation is needed, and requires a 30-day Paragraph 5 would amend subsection 252(h) oil for sale rather than ‘‘90 percent’’ cur- ‘‘lie before’’ period before the contract can of EPCA to strike the reference to section rently stipulated in this section. Since 10 go into effect. This requirement is a substan- 708(A) of the Defense Production Act of 1950, percent of current prices upward of $1.50 per tial impediment to acquisition of oil for the which was repealed by Public Law 102–558 barrel, the Department believes a smaller Reserve by ‘‘leasing’’ and other alternative (October 28, 1992), and the reference to the range of difference in price would protect the financing methods authorized by EPCA, part Emergency Petroleum Allocation Act of 1973, Department from selling the oil below nor- C. which expired in 1981. mal variations in market prices. Paragraph 6 would amend subsection 252(i) Subsection (w) would amend section 181 of Subection (p) would strike section 164 of of EPCA to require the Attorney General and EPCA by extending the expiration date of EPCA. Section 164 of EPCA required a study the Federal Trade Commission to submit re- title I, parts B and C from June 30, 1996 to of the use of Naval Petroleum Reserve No 4 ports to Congress and to the President on the September 30, 2001. jointly by the Secretaries of Energy, the In- impact of actions authorized by section 252 Public Law 103–406 extended the expiration terior and the Navy, with a report to Con- on competition and on small businesses an- date to June 30, 1996. gress within 180 days of the passage of the nually rather than every six months, except original Act. The study and report were com- SECTION 4. AMENDMENTS TO TITLE II OF EPCA during an ‘‘international energy supply pleted. Subsection (a) would strike part A of EPCA emergency,’’ when the reports would be re- Subsection (q) would amend section 165 of title II, which contains the authorities for quired every six months. EPCA by deleting the requirement for quar- gasoline rationing and other mandatory en- Paragraph 7 would amend paragraph terly reports on the operation of the Stra- ergy conservation measures which expired on 252(k)(2) of EPCA by substituting a defini- tegic Petroleum Reserve, and requiring in- July 1, 1985. tion of the term ‘‘international emergency stead an annual report consistent with other Subsection (b) would amend section 251(e)(1) response provisions’’ for the present defini- parts of this amendment. Quarterly reports, by striking section ‘‘252(l)(l)’’ and inserting tion of ‘‘allocation and information provi- considered important during the early in lieu thereof ‘‘252(k)(l).’’ sions of the international energy program.’’ growth period of the Strategic Petroleum Subsection (c) would amend section 252 of The new term, which establishes the scope of Reserve to inform the Congress of progress EPCA, which makes available to United company actions covered by the antitrust in construction and the rate of fill, are now States oil companies a limited antitrust de- defense, covers (A) the allocation and infor- unnecessary, and their deletion would save fense and breach of contract defense for ac- mation provisions of the IEP and (B) emer- administrative costs. Subsection (q) would tions taken to carry out a voluntary agree- gency response measures adopted by the IEA also eliminate references to the Strategic ment or plan of action to implement the ‘‘al- Governing Board for the coordinated draw- Petroleum Reserve Plan, the Distribution location and information provisions’’ of the down of stocks of petroleum products held or Plan, and the Early Storage Reserve, which Agreement on an International Energy Pro- controlled by governments and complemen- are eliminated by the bill and would change gram (‘‘IEP’’). These limited defenses are tary actions taken by governments during some of the requirements for information to now available only in connection with the an existing or impending international oil be included in the annual report to reflect companies’ participation in planning for and supply disruption, whether or not inter- more accurately the current status of the implementation of the IEP’s emergency oil national allocation of petroleum products is Reserve. sharing and information programs. The required by the IEP.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1860 CONGRESSIONAL RECORD — SENATE March 12, 1996 Paragraph 8 would amend subsection 252(l) pating in the International Energy Agency porary emergency rate of production, if any, of EPCA to make clear that the antitrust de- would be clarified by the proposed legisla- for each field on Federal lands which pro- fense does not extend to international allo- tion. Titles I and II are proposed for exten- duces or is capable of producing significant cation of petroleum unless the IEA’s Emer- sion beyond their June 30, 1996 expiration volumes of crude oil or natural gas. The gency Sharing System has been activated. date. President may then require production at Subsection (d) would amend subsection Title III contains authorities for certain those rates, and the owner may sue for dam- 256(h) of EPCA to authorize appropriations energy efficiency and conservation pro- ages if economic loss is incurred. for fiscal years 1996 through 2001 for the ac- grams. The authorization of appropriations Subsection (d) would amend section 151 of tivities of the interagency working group has expired for these programs. These suc- EPCA to clarify the policy for establishing a and interagency working subgroups estab- cessful and very cost beneficial programs, strategic reserve of petroleum products, and lished by section 256 of EPCA to promote ex- designed to encourage and subsidize demand delete references to the Early Storage Re- ports of renewable energy and energy effi- reducing investment and manufacturing, are serve, the objectives of which have been ciency products and services. proposed for extension without amendment. achieved. Subsection (e) would strike EPCA part C, Title V contains residual provisions from the Subsection (e) would amend section 152 of which was added to the EPCA by the Energy Federal Energy Administration pertaining to EPCA by deleting the definition of ‘‘Early Emergency Preparedness Act of 1982 and energy data bases and information, and gen- Storage Reserve’’ and ‘‘Regional Petroleum which required the submission to Congress of eral and administrative matters. Those pro- Reserve.’’ Requirements for and all ref- reports on energy emergency legal authori- visions which hinder the flexibility of the erences to these parts of the program would ties and response procedures. The reporting Administrator of the Energy Information be deleted by this bill. Subsection (f) would strike section 153 of requirement was fulfilled in 1982. Administration to collect currently mean- EPCA and amend section 154 to reflect the Subsection (f) would amend section 281 of ingful information are proposed for deletion. transfer of the Strategic Petroleum Reserve EPCA by extending the expiration date of The proposed legislation would extend the Office from the Federal Energy Administra- title II from June 30, 1996 to September 30, Strategic Petroleum Reserve, participation 2001. tion to the Department of Energy. in the International Energy Program, and Subsection (g) would amend section 154 of Public Law 103–406 extended the expiration conservation and efficiency authorities to date to June 30, 1996. EPCA to eliminate requirements for a Stra- September 30, 2001. It would revise or delete tegic Petroleum Reserve Plan, and for speci- SECTION 5. AMENDMENTS TO TITLE III OF EPCA certain provisions which are outdated or un- fied fill rates and schedules, but would retain Subsection (a) would amend sections 365 necessary. authority for a one billion barrel Reserve. and 397 of EPCA, which provide authoriza- The proposed legislation and a sectional The Strategic Petroleum Reserve Plan is tion for appropriations for fiscal years 1991, analysis are enclosed. largely obsolete because the sites that are 1992, and 1993 for State Energy Conservation The Office of Management and Budget ad- described for development in the Plan have programs and the Energy Conservation Pro- vises that enactment of this proposal would now been developed. The need for the Draw- gram for Schools and Hospitals. The amend- be in accord with the program of the Presi- down and Distribution Plan, contained in ment would authorize appropriations of dent. We look forward to working with the Plan Amendment 4, is eliminated by the $24.651 million for section 365 and $26.849 mil- Congress toward enactment of this legisla- amendment to section 159, which would cod- lion for section 397 for fiscal year 1996 and tion. ify competitive sale as the drawdown and such funds as may be necessary for fiscal Sincerely, distribution policy and eliminate allocation years 1997 through 2001. HAZEL R. O’LEARY. as a method of distribution. Subsection (b) would amend section 400BB Enclosures. Subsection (h) would delete section 155 of to extend the authorization for the appro- SECTION-BY-SECTION EPCA, which requires the establishment of priation of the Alternative Fuels Truck an Early Storage Reserve. All of the volu- SECTION 2. AMENDMENTS TO THE STATEMENT OF Commercial Application Program to fiscal metric goals for the Early Storage Reserve PURPOSES year 2001. have been accomplished, and there is no Section 2 of the bill would amend section 2 SECTION 6. AMENDMENTS TO TITLE V OF EPCA longer a distinction between the Early Stor- of the Energy Policy and Conservation Act Paragraph 1 would delete section 507 of the age Reserve and any other facilities or petro- (EPCA). leum that make up the Strategic Petroleum Act, which provides that the Energy Infor- Paragraph (1) would strike language refer- mation Administration must continue to Reserve. ring to standby energy conservation and ra- Subsection (i) would amend section 156(b) gather the same data on pricing, supply and tioning authorities in title II, part A, which of EPCA on the Industrial Petroleum Re- distribution of petroleum products as it did expired June 30, 1985. serve authority to remove references to the on September 1, 1981. This section hinders Paragraph (2) would strike paragraphs (3) Early Storage Reserve and the Strategic Pe- the flexibility of the Administrator to col- and (6) of the Statement of Purposes to re- troleum Reserve Plan, which are being de- lect information that is currently meaning- flect the bill’s elimination of sections 102 (in- leted by other amendments. ful. There is no reason to have a statutory centives to develop underground coal mines) Subsection (j) would delete section 157, Re- prohibition against modifying and amending and 106 (Production of oil or gas at the max- gional Petroleum Reserve. Section 157 of the the types of data collected. imum efficient rate and temporary emer- Act requires the establishment of regional Paragraph 2 would delete section 522 of the gency production rate). petroelum reserve of refined products in Fed- Act, which provides conflict of interest dis- eral Energy Administration regions that are closure requirements for the Federal Energy SECTION 3. AMENDMENTS TO TITLE I OF EPCA dependent upon imports for more than 20 Administration. This section was superseded Section (a) would strike section 102 of percent of their consumption. The Depart- by the Department of Energy Organization EPCA. ment determined to substitute crude oil for Act. Section 102 of EPCA provides a loan guaranty program to encourage the opening of products and also determined that the Gulf Coast area is near enough to all areas to pro- SECRETARY OF ENERGY, underground coal mines. Coal supply, however, is abundant, and the loan guarantee vide protection. Washington, DC, October 10, 1995. Subsection (k) would delete 158 of EPCA. Hon. AL GORE, program has been inactive since the early Section 158 requires reports to Congress on President of the Senate, 1980s. Because there is no current or foresee- Utility Reserves, Coal Reserves, and Remote Washington, DC. able need for the program authorized by sec- Crude Oil and Natural Gas Reserves within DEAR MR. PRESIDENT: Enclosed is a legislation 102 of EPCA, it is appropriate to delete six months of passage of the original Act. tive proposal cited as the ‘‘Energy Policy the section. This requirement has been fulfilled. and Conservation Act Amendments Act of Section (b) would amend section 105(a) of Subsection (l) would amend the heading for 1995.’’ This proposal would amend and extend EPCA by providing that the Secretary of the section 159 of EPCA to reflect amendment to certain authorities in the Energy Policy and Interior may allow joint bidding by major oil its contents. Conservation Act (Act) which either have ex- companies unless the Secretary determines Subsection (m) would amend section 159 of pired or will expire June 30, 1996. Not all sec- that this bidding would adversely affect EPCA. tions of the current act are proposed for ex- competition or the receipt of fair market Paragraph (l) would eliminate subsections tension. value. If the Secretary decides to prohibit (a) through (e) of section 159 of EPCA, which The Act was passed in 1975. Title I author- joint bidding, it may be done without issuing require Congressional review of the Stra- izes the creation and maintenance of the a rule, as previously required. This change tegic Petroleum Reserve Plan and provide Strategic Petroleum Reserve that would would render unnecessary the exemption for Plan amendments, to reflect the deletion mitigate shortages during an oil supply dis- process required in section 105(c). The report of the requirement for a Strategic Petroleum ruption. Title II contains authorities essen- required in section 105(e) has been issued to Reserve Plan in subsection (g) of this amend- tial for meeting key United States obliga- Congress. ment. tions to the International Energy Agency. Section (c) would strike section 106 of Paragraph (2) would amend subsection 159 This is our method of coordinating energy EPCA. (f) of EPCA to eliminate references to the emergency response programs with other Section 106 of EPCA directs the Secretary Strategic Petroleum Reserve Plan and the countries. The current antitrust defense of the Interior to determine the maximum Early Storage Reserve Plan. This amend- available to American companies partici- efficient rate of production and the tem- ment also would clarify and make explicit

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1861 the Secretary’s discretionary authority to leum Reserve have proved to be very prob- also eliminate references to the Strategic lease, sell, or otherwise dispose of underuti- lematic. Petroleum Reserve Plan, the Distribution lized Strategic Petroleum Reserve facilities. Subsection 160(e) describes various excep- Plan, and the Early Storage Reserve, which If necessary or appropriate, lease terms tions to the linkage between the Naval Pe- are eliminated by the bill and would change could exceed the five-year limitation of sec- troleum Reserve Numbered 1 crude oil sales some of the requirements for information to tion 649(b) of the Department of Energy Or- authority and the Strategic Petroleum Re- be included in the annual report to reflect ganization Act. In addition, the Secretary is serve fill rate, which would be eliminated by more accurately the current status of the given authority to lease under-utilized Stra- this bill. Reserve. tegic Petroleum Reserve facilities to foreign Subsection 160(g) requires a refined petro- Subsection (r) would amend section 166 of governments or their representatives. These leum product reserve test in fiscal years EPCA to authorize appropriations necessary leases also may exceed the five-year limita- 1992–94, and a report to Congress. The test to implement the Strategic Petroleum Re- tion of section 649(b). was not conducted due to insufficient appro- serve, and to delete year specific authoriza- Paragraph (3) would remove references in priations in fiscal year 1992 and fiscal year tions for the early years of the Reserve. subsection (g) of section 159 of EPCA to the 1993 and was waived in fiscal year 1994. The Subsection (s) would amend section 167 of Strategic Petroleum Reserve Plan. required report has been submitted. EPCA to clarify that funds generated by test Paragraph (4) would delete subsections Subsection (o) would amend section 161 of sales will be deposited in the SPR Petroleum 159(h) and (i) of EPCA. Subsection 159(h) EPCA. Account. The amendment would remove lan- deals with interim storage facilities which Paragraph (1) would strike subsections 161 guage specific to fiscal year 1982 which lim- provide for storage of petroleum prior to the (b) and (c) of EPCA, because they refer to its the amount of money in the SPR Petro- creation of Government-owned facilities. both the Strategic Petroleum Reserve Plan leum Account that year. The amendment That authority is no longer needed since the and the Early Storage Reserve Plan which also would delete reference to the use of Reserve has 592 million barrels of oil in stor- would be eliminated by this bill. funds for interim storage, which will not be age and significant unutilized storage capac- Paragraph (2) would amend subsection needed because the permanent facilities are ity. Subsection 159(i) required the submis- 161(d)(1) of EPCA by eliminating the ref- complete for the storage of 750 million bar- sion of a report to Congress within 18 months erences to the Distribution Plan contained rels of oil. Subsection (t) would amend section 171 of after enactment of the 1990 EPCA Amend- in the Strategic Petroleum Reserve Plan but EPCA to eliminate the reference to a re- ments on the results of contract negotia- would not change the existing conditions for quirement for information identical to that tions conducted pursuant to part C of EPCA. Presidential decision to draw down and distribute the Reserve. in section 154(e) of EPCA. Section 154(e) de- The Department did not conclude any con- scribes information that is included in the tracts pursuant to part C, and the reporting Paragraph (3) would amend subsection 161(e) of EPCA to require the Secretary to Strategic Petroleum Reserve Plan, which is provision has expired by its own terms. deleted in this legislation. Instead, when the Paragraph (5) would amend subsection distribute oil from the Reserve via a public Secretary notifies the Congress that the De- 159(j) of EPCA to reflect the elimination of competitive sale to the highest qualified bid- partment intends to contract for storage of the statutory requirement for a Strategic der. The amendment eliminates the Sec- retary’s allocation authority. petroleum under part C, the notification will Petroleum Reserve Plan by amendment of include a requirement for information more section 154 of the Act. This amendment The amendment also would make explicit the authority of the Secretary to cancel a pertinent to the contract. would continue the requirement for submis- Subsection (u) would amend section 172 of sale in progress. This authority would enable sion to Congress of proposed plans for expan- EPCA. sion of storage capacity following a deter- the Secretary to respond to inordinately low Paragraph (1) would delete subsections (a) mination by the Secretary that the Reserve bids, changes in market conditions, or a sud- and (b). The exemption in subsection (a) can reasonably be expected to be filled to 750 den a reversal in the nature of the shortage from the requirement for a Strategic Petro- million barrels within five years. This re- or emergency. leum Reserve Plan amendment is no longer flects the uncertain financing situation for Paragraph (4) would amend subsection necessary because the bill eliminates the re- filling available capacity in the Reserve and 161(g) of EPCA. quirement for Plan amendments. Subsection Subparagraph (4)(A) would amend sub- makes planning for capacity expansion be- (b) provides that, for purposes of meeting the section 161(g)(1) of EPCA to substitute ‘‘dis- yond current capacity premature. fill rate requirement in section 160(d)(1) of Paragraph (6) would amend subsection tribution procedures’’ for ‘‘Distribution EPCA, part C contract oil which is removed 159(l) to eliminate the reference to the Dis- Plan.’’ from the Reserve at the end of the contract Subparagraph (4)(B) would strike sub- tribution Plan, but would retain the Sec- agreement shall be considered part of the Re- section 161(g)(2) of EPCA because it refers to retary’s authority, during drawdown and dis- serve until the beginning of the fiscal year tribution of the Reserve, to promulgate regu- the Distribution Plan eliminated by the bill, following the fiscal year in which the oil is lations necessary to the drawdown and dis- and subsection 161(g)(6) of EPCA because it removed. The subsection is unnecessary tribution without regard to rulemaking re- refers to the minimum required fill rate since the requirement for specific fill rates is quirements in section 523 of this Act and sec- eliminated by the bill. deleted by amendment of section 160 of the tion 501 of the Department of Energy Organi- Subparagraph (4)(C) would amend section Act. zation Act. 161(g)(4) of EPCA to prevent the Secretary Subsection (v) would delete section 173 of Subsection (n) would amend section 160 of from selling oil during a test sale of the EPCA which requires congressional review EPCA. Strategic Petroleum Reserve at a price less and, therefore, public scrutiny of the details Paragraph (1) would amend subsection than ‘‘95 percent’’ of the sales price of com- of contracts even though no implementing 160(a) of EPCA to provide that the Sec- parable crude oil being sold in the same area legislation is needed, and requires a 30-day retary’s authority to acquire petroleum at the time the Secretary is offering crude ‘‘lie before’’ period before the contract can products for the Strategic Petroleum Re- oil for sale rather than ‘‘90 percent’’ cur- go into effect. This requirement is a substan- serve is contingent on the availability of rently stipuled in this section. Since 10 per- tial impediment to acquisition of oil for the funds. cent of current prices ranges upward of $1.50 Reserve by ‘‘leasing’’ and other alternative Paragraph (2) would amend subsection per barrel, the Department believes a small- financing methods authorized by EPCA, part 160(b) of EPCA by striking the references to er range of difference in price would protect C. the Early Storage Reserve and the Regional the Department from selling the oil below Subsection (w) would amend section 181 of Petroleum Reserve, which would be elimi- normal variations in market prices. EPCA by extending the expiration date of nated by this bill. Subsection (p) would strike section 164 of title I, parts B and C from June 30, 1996 to Paragraph (3) would strike subsections EPCA. Section 164 of EPCA required a study September 30, 2001. 160(c), (d), (e), and (g) of EPCA. of the use of Naval Petroleum Reserve No. 4 Public Law 103–406 extended the expiration Subsection 160(c) of EPCA requires min- jointly by the Secretaries of Energy, the In- date to June 30, 1996. imum fill rates. These requirements have terior and the Navy, with a report to Con- SECTION 4. AMENDMENTS TO TITLE II OF EPCA proved unrealistic given changes in oil mar- gress within 180 days of the passage of the Subsection (a) would strike part A of kets and availability of financing. The pro- original Act. The study and report were com- EPCA title II, which contains the authorities posed amendment gives the Secretary flexi- pleted. for gasoline rationing and other mandatory bility to fill the Reserve contingent upon the Subsection (q) would amend section 165 of energy conservation measures which expired availability of funds. EPCA by deleting the requirement for quar- on July 1, 1985. Subsection 160(d) links sales authority for terly reports on the operation of the Stra- Subsection (b) would amend section the United States’ share of crude oil at tegic Petroleum Reserve and requiring in- 251(e)(1) by striking section ‘‘252(l)(1)’’ and Naval Petroleum Reserve Numbered 1 to a stead an annual report consistent with other inserting in lieu thereof ‘‘252(k)(1).’’ fill level of 750,000,000 barrels or a fill rate of parts of this amendment. Quarterly reports Section (c) would amend section 252 of 75,000 barrels per day. The requirement for considered important during the early EPCA, which makes available to United Strategic Petroleum Reserve fill is depend- growth period of the Strategic Petroleum States oil companies a limited antitrust de- ent on the availability of financing for Stra- Reserve to inform the Congress of progress fense and breach of contract defense for ac- tegic Petroleum Reserve acquisition, and the in construction and the rate of fill, are now tions taken to carry out a voluntary agree- logistics of moving Naval Petroleum Reserve unnecessary, and their deletion would save ment or plan of action to implement the ‘‘al- Numbered 1 crude oil to the Strategic Petro- administrative costs. Subsection (q) would location and information provisions’’ of the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1862 CONGRESSIONAL RECORD — SENATE March 12, 1996 Agreement on an International Energy Pro- controlled by governments and complemen- tisan support to respond quickly to gram (‘‘IEP’’). These limited defenses are tary actions taken by governments during this threat to the safety of Americans. now available only in connection with the an existing or impending international oil It may surprise the American people companies’ participation in planning for and supply disruption, whether or not inter- to know that very dangerous, indeed implementation of the IEP’s emergency oil national allocation of petroleum products is sharing and information programs. The required by the IEP. deadly, organisms that cause diseases amendment would extend the section 252 Paragraph 8 would amend subsection 252(1) and death in human beings are avail- antitrust defense (but not the breach of con- of EPCA to make clear that the antitrust de- able for purchase across State lines— tract defense) to U.S. companies when they fense does not extend to international allo- not only by legitimate users, but by assist the International Energy Agency cation of petroleum unless the IEA’s Emer- those who may use them with criminal (‘‘IEA’’) in planning for and implementing gency Sharing System has been activated. intent. These organisms include the coordinated drawndown of government- Subsection (d) would amend subsection agents that cause the bubonic plague, 256(h) of EPCA to authorize appropriations owned or government-controlled petroleum anthrax, and other diseases. stocks. In 1984, largely at the urging of the for fiscal years 1996 through 2001 for the ac- United States, the IEA’s Governing Board tivities of the interagency working group Perversely, the Federal Government adopted a decision on ‘‘Stocks and Supply and interagency working subgroups estab- has stricter regulations on the inter- Disruptions’’ which established a framework lished by section 256 of EPCA to promote ex- state transportation of biological for coordinating the drawdown of member ports of renewable energy and energy effi- agents causing disease in plants and countries’ government-owned and govern- ciency products and services. animals than it has for the interstate ment-controlled petroleum stocks in those Subsection (e) would strike EPCA part C, transportation of agents that cause oil supply disruptions that appear capable of which was added to the EPCA by the Energy disease in humans. causing severe economic harm, whether or Emergency Preparedness Act of 1982 and I favor regulatory reform and a re- which required the submission to Congress of not sufficient to activate the IEP emergency duction in the Government’s overall oil sharing and information programs. Dur- reports on energy emergency legal authori- ing the 1990–91 Persian Gulf crisis the IEA ties and response procedures. The reporting regulatory burden on the American successfully tested the new coordinated requirement was fulfilled in 1982. people. But that is not to say that the stockdraw policy. Subsection (f) would amend section 281 of Federal Government has no legitimate Paragraph 1 would amend subsections 252 EPCA by extending the expiration date of regulatory role to play. The interstate (a) and (b) of EPCA. These sections would be title II from June 30, 1996 to September 30, transport of dangerous biological amended by substituting the term ‘‘inter- 2001. agents should be regulated. Public Law 103–406 extended the expiration national emergency response provisions’’ for A recent Washington Post story re- the term ‘‘allocation and information provi- date of June 30, 1996. ported that, in May 1995, an individual sions of the international energy program.’’ SECTION 5. AMENDMENTS TO TITLE III OF EPCA in Ohio faxed an order for three vials of The new term establishes the scope of oil Subsection (a) would amend sections 365 company activities covered by the antitrust and 397 of EPCA, which provide authoriza- the agent that causes the bubonic defense and includes actions to assist the tion for appropriations for fiscal years 1991, plague, a disease that killed one-third IEA in implementing coordinated drawdown 1992, and 1993 for State Energy Conservation of the people of 14th century Europe, of petroleum stocks. programs and the Energy Conservation Pro- from the American Type Culture Col- Paragraph 2 would amend paragraph gram for Schools and Hospitals. The amend- lection [ATCC] in Maryland. The pur- 252(d)(3) of EPCA to clarify that a plan of ac- ment would authorize appropriations of chaser’s letterhead appeared to be that tion submitted to the Attorney General for $24,651 million for section 365 and $26,849 mil- approval must be as specific in its descrip- of a laboratory. lion for section 397 for fiscal year 1996 and When the purchaser called ATCC to tion of proposed substantive actions as is such funds as may be necessary for fiscal reasonable ‘‘in light of circumstances known years 1997 through 2001. complain about slow delivery, the sales at the time of approval’’ rather than ‘‘in Subsection (b) would amend section 400BB representative became concerned about light of known circumstances.’’ to extend the authorization for the appro- whether the caller was someone who Paragraph 3 would amend paragraph priation of the Alternative Fuels Truck should have the plague agent. Ohio po- 252(e)(2) of EPCA to give the Attorney Gen- Commercial Application Program to fiscal lice, public officials, the FBI, and eral flexibility in promulgating rules con- year 2001. cerning the maintenance of records by oil emergency workers ultimately scoured SECTION 6. AMENDMENTS TO TITLE V OF EPCA companies related to the development and the purchaser’s home. carrying out of voluntary agreements and Paragraph 1 would delete section 507 of the In the home they found nearly a plans of action. Act, which provides that the Energy Infor- dozen M–1 rifles, smoke grenades, Paragraph 4 would amend paragraph mation Administration must continue to blasting caps, and white separatist lit- 252(f)(2) of EPCA to clarify that the antitrust gather the same data on pricing, supply and erature. The deadly micro-organisms defense applies to oil company actions taken distribution of petroleum products as it did on September 1, 1981. This section hinders were found in the glove compartment to carry out an approved voluntary agree- of the purchaser’s automobile, still ment as well as an approved plan of action. the flexibility of the Administrator to col- Paragraph 5 would amend subsection 252(h) lect information that is currently meaning- packed as shipped. of EPCA to strike the reference to section ful. There is no reason to have a statutory The purchaser was prosecuted under 708(A) of the Defense Production Act of 1950, prohibition against modifying and amending wire and mail fraud statutes. But these which was repealed by Public Law 102–558 the types of data collected. charges would not have been possible if (October 28, 1992), and the reference to the Paragraph 2 would delete section 522 of the the purchaser had not sent a false Emergency Petroleum Allocation Act of 1973, Act, which provides conflict of interest dis- statement on the letterhead of a non- which expired in 1981. closure requirements for the Federal Energy Paragraph 6 would amend subsection 252(i) Administration. This section was superseded existent laboratory stating that the of EPCA to require the Attorney General and by the Department of Energy Organization laboratory assumed responsibility for the Federal Trade Commission to submit re- Act.∑ the shipment, as the seller had reports to Congress and to the President on the By Mr. HATCH (for himself, Mrs. FEINSTEIN, quired. impact of actions authorized by section 252 Mr. THURMOND, Mr. DEWINE, Mr. KOHL, and Unfortunately, both current laws and on competition and on small businesses an- Mr. BIDEN): regulations are deficient in protecting nually rather than every six months, except S. 1606. A bill to control the use of bi- Americans from the threat of the di- during an ‘‘international energy supply ological agents that have the potential version of potentially dangerous bio- emergency,’’ when the reports would be re- to pose a severe threat to public health logical agents. Gaps exist in current quired every six months. Paragraph 7 would amend paragraph and safety, and for other purposes; to regulations that allow anyone to pos- 252(k)(2) of EPCA by substituting a defini- the Committee on the Judiciary. sess deadly biological agents, also re- tion of the term ‘‘international emergency THE BIOLOGICAL AGENTS ENHANCED PENALTIES ferred to as human pathogens, and gaps response provisions’’ for the present defini- AND CONTROL ACT exist in our criminal laws that make tion of ‘‘allocation and information provi- Mr. HATCH. Mr. President, I rise to prosecution of people who attempt to sions of the international energy program.’’ introduce a bill that has a simple but obtain these agents for illegitimate The new term, which establishes the scope of important purpose: To decrease the op- purposes very difficult. company actions covered by the antitrust defense, covers (A) the allocation and infor- portunity for terrorists to use a bio- I would like to take a moment to dis- mation provisions of the IEP and (B) emer- logical weapons. cuss these problems with you. gency response measures adopted by the IEA S. 1606 is cosponsored by Senators Biological agents that cause disease Governing Board for the coordinated draw- FEINSTEIN, THURMOND, DEWINE, KOHL, in humans are available to several le- down of stocks of petroleum products held or and BIDEN. I welcome this broad bipar- gitimate groups of users. First, small

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1863 quantities of biological agents can be Unfortunately, threats now exist Justice. Mr. Richard stated that the found in patient samples that are ana- that we did not even know about when multiagency task force looking into lyzed by clinical laboratories. Second, this definition was written. For in- this issue determined ‘‘that there were biological agents are used in the con- stance, we now are experiencing a rapid no comprehensive Federal regulations duct of legitimate basic and clinical growth in the field of gene technology. governing the control of these dan- science research by scientists across This technology now gives scientists gerous organisms.’’ the country, both within and outside of the ability to deliberately or acciden- My colleagues and I believe that cur- Government. Third, the Department of tally insert genes into micro-organisms rent regulation and law have left us Defense has facilities to investigate bi- that could broaden their host range, vulnerable to the potential use of bio- ological agents, not as weapons, but to alter their route of disease trans- logical agents as a terrorist weapon. develop protective strategies in the mission to humans, make them more We have not kept pace with science and event of military use of these agents toxic, or make them more difficult to technology, nor have we recognized during war. Currently, however, any- treat. that we live in a more dangerous world one else can also obtain these agents CDC has wide authority to regulate than we once did. We further believe under Federal law. The only limits on biological agents that pose a threat to that action must be taken sooner, who may purchase deadly biological human health, and could establish rather than later, to avoid a potential agents are those imposed by the sellers rules limiting who may possess these disaster. themselves. agents. Current regulations do not pro- This bill strikes a balance between There are many regulations in place tect communities from intentional di- protecting citizens from the threat with regard to the management of bio- version of biological agents or the po- that biological agents will be used as a logical agents. These regulations come tential for these agents to be turned weapon of domestic terrorism and plac- from many different governmental into weapons of mass destruction. ing over-burdensome demands on le- sources, including the CDC, the Postal This fact was recognized by CDC tes- gitimate users of biological agents. Service, U.S. Department of Agri- timony before the Senate Judiciary The first title of our bill is directed culture, Department of Commerce, committee last week. Dr. James M. at placing appropriate criminal provi- Food and Drug Administration, and the Hughes, the Assistant Surgeon General sions in place as requested by the Jus- Department of Transportation, among and Director of the National Center for tice Department. Our provisions ensure others. Unfortunately, the regulations Infectious Diseases for the CDC testi- that persons who develop or use biological organisms as a weapon will face were developed by these agencies with fied: little or no apparent integration with severe and certain punishment. The current safeguards governing the ac- Our bill does this by amending sec- other agencies, and with narrow pur- quisition and distribution, in the United tions 175 to 178 of Title 18, which relate poses in mind. They were also devel- States, of infectious and/or toxic agents are to prohibitions with respect to biologi- oped in an era when domestic terrorism not comprehensive. There is no single set of cal weapons. As it currently is written, was not thought of as a real risk. consistent regulations but rather a number this provision makes it criminal to In addition to the lack of coordina- of different departmental regulations that address the shipping and handling of infec- knowingly develop, produce, transfer, tion of efforts in the regulation of bio- tious agents. Taken together, these are effec- acquire, or possess any biological logical agents, existing regulations tive at controlling the packaging, labeling, agent, toxin, or delivery system for use have not kept up with advancing and transport of infectious materials, but as a weapon. It also prohibits know- science. For instance, biological agents they are not completely effective at control- ingly assisting a foreign state or orga- are currently classified by CDC into ling the possession and transfer of human in- nization to do so. My bill will strength- four classes, based on several criteria. fectious agents within the United States. en this provision to include an at- This ranges from class 1 organisms, Unfortunately, efforts by CDC and tempt, threat, and conspiracy prohibi- which are considered to be nonharmful others have been slow. To date, there tion within its scope. In addition, I to humans under ordinary cir- have been at least two multiagency broaden the definitions of biological cumstances, to class 4 organisms, task forces established to look at this agent, toxin, and vector in section 178 which are considered to be highly issue. The first task force completed to cover biological products that can harmful to humans. In the manual its work and made recommendations in be engineered as a result of advances ‘‘Biosafety in Microbiological and Bio- July 1995. The second task force is well made in the field of biotechnology. medical Laboratories,’’—hereafter Bio- underway in the development of a regu- The second statute in Title 18 that safety manual—CDC defines how legiti- latory system, but there does not ap- we amend is section 2332a. That provi- mate laboratories should manage pear to be a sufficient sense of urgency sion currently makes it a criminal of- agents in these various classes. to get the job done. fense to use a weapon of mass destruc- Again, these biohazard levels are de- According to CDC’s March 6 testi- tion. Under current law, a ‘‘weapon of signed for the protection of laboratory mony before the Judiciary Committee, mass destruction’’ is defined to include personnel and to prevent the accidental CDC does not plan to release proposed ‘‘any weapon involving a disease orga- release of these agents into the envi- regulations for at least another 6 nism.’’ 18 U.S.C. § 2332a(b)(2)(C). This ronment. They do not take into ac- months. That means that it might be bill will expand that definition to in- count potential theft of these agents, another year before final rules regu- clude in its coverage the biological or attempt to prevent misdirection of lating who may possess dangerous bio- agents and toxins, as defined in section these agents to terrorists. In addition, logical agents are in place and enforce- 178, including bioengineered products, the biosafety manual that establishes able. that can be used as a weapon of mass biohazard levels was last revised in Why is that a problem? Current destruction. In addition, we add a 1993. It has not kept up with classifica- criminal law has gaps that prevent the threat provision to this statute. tion changes, or with the new strains of prosecution of someone who obtains bi- The second title of our bill requires organisms that are constantly being ological agents under false pretenses, the Secretary of Health and Human described by microbiologists. or who possesses these agents with the Services to establish interim regula- Another example of how current reg- intent to harm others. Under current tions within 90 days and to issue pro- ulation has not kept up with advancing Federal law, it is legal for anyone to posed rules within 180 days that regu- scientific knowledge is the definition possess biological agents—we must late the transfer within the United of what a biological agent actually is. wait until they actually use it as a States of biological agents which have The Centers for Disease Control and weapon before there is anything we can the potential to pose a severe threat to Prevention [CDC] defines a biological do about it. the public health and safety. agent—human pathogen—as ‘‘a viable These gaps in current criminal law I believe that the time limits re- micro-organism or its toxin which were discussed in detail during the quired in our bill are reasonable and causes, or may cause, human disease’’ hearings before the Judiciary Com- prudent, and allow the Secretary of [42 CFR 72]. This definition includes mittee. Mr. Mark M. Richard, the Dep- Health and Human Services adequate algae, bacteria, protozoa, fungi, and vi- uty Assistant Attorney General, testi- time to develop appropriate regula- ruses. fied on behalf of the Department of tions in this area. In fact, Dr. James

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1864 CONGRESSIONAL RECORD — SENATE March 12, 1996 Hughes testified last week that this (3) in section 178— (2) proposed rules not later than 180 days process is well underway. (A) in paragraph (1), by striking ‘‘or infec- after the date of the enactment of this Act; The Judiciary Committee has been tious substance’’ and inserting ‘‘infectious and very concerned about the immediate substance, or biological product that may be (3) final rules not later than 360 days after engineered as a result of biotechnology, or the date of the enactment of this Act. potential for diversion of dangerous bi- any naturally occurring or bioengineered (d) DEFINITIONS.—For purposes of this sec- ological agents under the current law component of any such microorganism, tion— and regulation. In fact, at our hearing virus, infectious substance, or biological (1) the term ‘‘biological agent’’ has the last week, we were disturbed to learn product’’; same meaning as in section 178 of title 18, from agency representatives that no (B) in paragraph (2)— United States Code; and measures are in place to guard against (i) by inserting ‘‘the toxic material of (2) the term ‘‘Secretary’’ means the Sec- reoccurrence of a situation like the plants, animals, microorganisms, viruses, retary of Health and Human Services. Ohio case. fungi, or infectious substances, or a recombinant molecule’’ after ‘‘means’’; For this reason, on March 6, Senators By Mrs. FEINSTEIN (for herself, (ii) by striking ‘‘production—’’ and insert- Mr. GRASSLEY, Mr. REID and FEINSTEIN, SPECTER, KOHL, and I sent a ing ‘‘production, including—’’; letter to the President urging that he: Mr. KYL): (iii) in subparagraph (A), by inserting ‘‘or S. 1607. A bill to control access to * * * direct the Centers for Disease Con- biological product that may be engineered as trol and Prevention to implement on a pri- a result of biotechnology’’ after ‘‘substance’’; precursor chemicals used to manufac- ority basis emergency procedures which will and ture methamphetamine and other il- protect the American people against the (iv) in subparagraph (B), by inserting ‘‘or licit narcotics, and for other purposes; threat of dangerous, diverted pathogenic ma- biological product’’ after ‘‘isomer’’; and to the Committee on the Judiciary. terials. (C) in paragraph (4), by inserting ‘‘; or mol- METHAMPHETAMINE CONTROL ACT OF 1996 ecule, including a recombinant molecule, or In addition, our new legislation in- Mrs. FEINSTEIN. Mr. President, I cludes a requirement for the establish- biological product that may be engineered as a result of biotechnology,’’ after ‘‘orga- rise today to introduce, along with ment of interim rules while the long- nism’’. Senators GRASSLEY, REID, and KYL, the term rules are developed. (b) TERRORISM.—Section 2332a(a) of title 18, Methamphetamine Control Act of 1996. In closing, Mr. President, I believe United States Code, is amended— This is legislation that, first, increases that the threat for the intentional di- (1) by inserting ‘‘, threatens,’’ after ‘‘at- the regulation of precursor chemicals version of biological agents is real, and tempts’’; and necessary to produce methamphet- that these agents pose a threat for use (2) by inserting ‘‘, including any biological agent, toxin, or vector (as those terms are amine, a dangerous narcotic also as a weapon of domestic terrorism. known as speed, crank or ice. We are submitting a comprehensive defined in section 178)’’ after ‘‘destruction’’. SEC. 4. REGULATORY CONTROL OF BIOLOGICAL Second, it increases the penalties for bill that fixes the gaps in criminal code AGENTS. possession of controlled chemicals or and requires the rapid development and (a) LIST OF BIOLOGICAL AGENTS.— paraphernalia used to make meth- implementation of a regulatory pro- (1) IN GENERAL.—The Secretary shall, amphetamine. gram that will limit the people who through regulations promulgated under sub- This legislation has been drafted over may possess these materials to those section (c), establish and maintain a list of the past 6 months with the input of the who have a legitimate need to possess each biological agent that has the potential Drug Enforcement Agency, the Cali- to pose a severe threat to public health and them. Obviously, time is of the essence, fornia Attorney General’s Bureau of and I hope that the Senate will act as safety. (2) CRITERIA.—In determining whether to Narcotics Enforcement, the California quickly as possible on the Biological include an agent on the list under paragraph Narcotics Officers Association, and Agents Enforcement Enhancement and (1), the Secretary shall— local, State, and Federal law enforce- Control Act. (A) consider— ment and prosecutors. I have a par- I ask unanimous consent that the (i) the effect on human health of exposure ticular interest in this issue because of text of S. 1606 be inserted in the to the agent; the ravaging effects that methamphet- (ii) the degree of contagiousness of the RECORD. amine has had in my own State and There being no objection, the bill was agent and the methods by which the agent is transferred to humans; other States in the Southwest. ordered to be printed in the RECORD, as Let me, for just a moment, explain follows: (iii) the availability and effectiveness of immunizations to prevent and treatments how serious this problem is today. S. 1606 for any illness resulting from infection by Methamphetamine has been around for Be it enacted by the Senate and House of the agent; and a long time. But what once was a Representatives of the United States of (iv) any other criteria the Secretary con- small-scale drug operation run by mo- America in Congress assembled, siders appropriate; and torcycle gangs has now been taken SECTION 1. SHORT TITLE. (B) consult with scientific experts rep- This Act may be cited as the ‘‘Biological resenting appropriate professional groups. over by at least one Mexican drug car- Agents Enhanced Penalties and Control (b) REGULATION OF TRANSFERS OF LISTED tel. According to DEA, it is a multibil- Act’’. BIOLOGICAL AGENTS.—The Secretary shall, lion-dollar industry in America. SEC. 2. FINDINGS. through regulations promulgated under sub- California has become the front line The Congress finds that— section (c), provide for— in this new and dangerous drug war. (1) certain biological agents have the po- (1) the establishment and enforcement of DEA has designated California as the tential to pose a severe threat to public safety procedures for the transfer of biologi- ‘‘source country,’’ a source country for health and safety; cal agents listed pursuant subsection (a), in- (2) such biological agents can be used as cluding measures to ensure— methamphetamine, much like Colom- weapons by individuals or organizations for (A) proper training and appropriate skills bia is the source country for cocaine. It the purpose of domestic or international ter- to handle such agents; and has identified that 93 percent of the rorism or for other criminal purposes; (B) proper laboratory facilities to contain methamphetamine seized nationwide (3) the transfer and possession of poten- and dispose of such agents; has its point of origin in California. tially hazardous biological agents should be (2) safeguards to prevent access to such The explosion of this drug is being regulated to protect public health and safe- agents for use in domestic or international documented in hospital emergency ty; and terrorism or for any other criminal purpose; (4) efforts to protect the public from expo- (3) the establishment of procedures to pro- rooms around California, and the epi- sure to such agents should ensure that indi- tect the public safety in the event of a trans- demic is spreading eastward. In Sac- viduals and groups with legitimate objec- fer or potential transfer of a biological agent ramento just 4 weeks ago, law enforce- tives continue to have access to such agents in violation of the safety procedures estab- ment made the largest seizure in coun- for clinical and research purposes. lished under paragraph (1) or the safeguards ty history—80 pounds; street value, $2.5 SEC. 3. CRIMINAL ENFORCEMENT. established under paragraph (2); and million. (a) BIOLOGICAL WEAPONS.—Chapter 10 of (4) appropriate availability of biological Large-scale labs are now common- title 18, United States Code is amended— agents for research, education, and other le- place. Last year in the Central Valley, (1) in section 175(a), by inserting ‘‘or at- gitimate purposes. law enforcement convicted a man who tempts, threatens, or conspires to do the (c) TIMES LIMITS.—The Secretary shall same,’’ after ‘‘to do so,’’; carry out subsections (a) and (b) by issuing— manufactured in excess of 900 pounds (2) in section 177(a)(2), by inserting (1) interim rules not later than 90 days with a street value of $5 million. Lit- ‘‘threat,’’ after ‘‘attempt,’’; and after the date of the enactment of this Act; erally hundreds of illicit laboratories

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1865 exist throughout the State. In two with $100 and a mail order catalog can SEC. 2. REGULATION OF CHEMICAL SUPPLY counties alone, Riverside and San put themselves into business in manu- HOUSES. Bernardino, there were 589 meth- facturing methamphetamine. They can Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended by adding at amphetamine labs discovered in 1995. buy large-scale quantities of those the end the following new subsection: Labs can be in apartments, in mobile chemicals that go into making meth- ‘‘(d)(1) Any chemical supply house that homes, in moving vehicles, and in hotel amphetamine. sells a listed chemical, after having been rooms. They can be dismantled in a This bill would double the maximum provided a warning under paragraph (2) with- matter of hours. They are explosive, criminal penalty for possession of a in the previous 10 years, to a person who toxic, and they burn. Law enforcement chemical identified under the Chemical uses, or intends or attempts to use, the list- has indicated that drug dealers come Diversion and Trafficking Act in meth- ed chemical, or causes the listed chemical to in, set up, produce their drugs in ho- be used or attempted to be used, to manufac- amphetamine production and would in- ture or produce methamphetamine shall— tels, and leave. crease the maximum criminal penalty ‘‘(A) be subject to a civil penalty of not The California Environmental Pro- from 4 to 10 years for those who possess more than $250,000; or tection Agency expects that 1,150 sites the specialized equipment used to man- ‘‘(B) for the second violation of this sub- will require cleanup by the end of this ufacture methamphetamine. section, be ordered to cease the production year in California. Most of the chemi- It would remove the loophole on and sale of any chemicals. cals—iodine, refrigerants, hydrochloric pseudoephedrine in the Controlled Sub- ‘‘(2) The Attorney General, acting through gas, sodium hydroxide—are toxic and, stances Act. Pseudoephedrine, a com- the Administrator of the Drug Enforcement Administration, shall provide a written in the case of red phosphorous, one of mon ingredient in many over-the- the precursor chemicals, highly flam- warning to each chemical supply house that counter medicines, is now used as a violates paragraph (1). mable and explosive. substitute for ephedrine to make meth- ‘‘(3) For purposes of this subsection, the Two months ago, a mobile home in amphetamine. term ‘chemical supply house’ means any Riverside used as a methamphetamine I have met with retailers and manu- manufacturer, wholesaler, or retailer, who lab exploded, killing three small chil- facturers of over-the-counter medicines owns, or who represents the owner of, any dren. Incredibly enough, the mother of and I understand the concerns about operation or business enterprise engaging in these children pleaded with neighbors regulated transactions. regulations which the DEA has pro- ‘‘(4) All amounts received from enforce- that they not call for help. Before fire- posed to control the illicit diversion of fighters could find the children’s burnt ment of the civil penalty under paragraph (1) pseudoephedrine to make methamphet- shall be used by the Administrator of the En- bodies, the woman walked away from amine. I intend to work with these vironmental Protection Agency for the envi- the scene. groups over the coming weeks to en- ronmental cleanup of clandestine labora- Police in Phoenix say methamphet- sure that the 37 million Americans who tories used, or intended or attempted to be amine is mainly responsible for the 40- rely on these products continue to have used, to manufacture methamphetamine.’’. percent jump in homicides the city is access to them. SEC. 3. INCREASED PENALTIES FOR POSSESSION experiencing. AND DISTRIBUTION OF LISTED We are creating an informal advisory CHEMICALS. In Contra-Costa County, law enforce- group comprised of executives of chem- ment reports that methamphetamine is (a) IN GENERAL.—Section 401(d) of the Con- ical manufacturers and supply house trolled Substances Act (21 U.S.C. 841(d)) is involved in 89 percent of domestic dis- companies, DEA officials, and other amended by striking ‘‘10 years’’ and insert- putes. law enforcement agencies to devise ing ‘‘20 years in a case involving a list I Last year in San Diego, rival meth- strategies to see that this law is re- chemical or 10 years in a case involving a list amphetamine smuggling rings were re- sponsibly and sensibly enforced. II chemical’’. sponsible for 26 homicides. (b) AMENDMENT OF SENTENCING GUIDE- This bill includes a sense-of-the-Con- In 1994, among all adults arrested in LINES.—The United States Sentencing Com- gress resolution supporting efforts for the San Diego area, 42 percent of men mission shall amend the Federal Sentencing global chemical control. and 53 percent of women tested positive Guidelines to reflect the amendment made for amphetamines. Sutter Memorial The point is that many chemicals by subsection (a). Hospital in Sacramento says that used to make methamphetamine, such SEC. 4. INCREASED PENALTIES FOR MANUFAC- TURE AND POSSESSION OF EQUIP- methamphetamine-affected babies now as ephedrine, are tightly controlled in the United States but are literally MENT USED TO MAKE METH- outnumber crack-addicted babies 7–1. AMPHETAMINE. The Methamphetamine Control Act smuggled into the United States Section 403(d) of the Controlled Substances which we are introducing today is care- through countries with little or no con- Act (21 U.S.C. 843(d)) is amended— fully crafted. It is a targeted piece of trol, like Mexico. This legislation (1) by striking ‘‘(d) Any person’’ and insert- legislation. It is drafted with the help would express the sense of the Congress ing ‘‘(d)(1) Except as provided in paragraph (2), any person’’; and of Federal, State, and local law en- that ephedrine-producing countries should require approval from the Mexi- (2) by adding at the end the following new forcement, and it is aimed at the sup- paragraph: ply side of the problem. can Government for shipments of ephedrine and pseudoephedrine to Mex- ‘‘(2) Any person who, with the intent to This bill would increase criminal manufacture methamphetamine, violates penalties that can be applied to large- ico, where they then come into this subsection (a) (6) or (7), shall be sentenced to scale methamphetamine manufactur- country. a term of imprisonment of not more than 10 ers throughout our Nation. It restricts I am very pleased, Mr. President, years, a fine of not more than $30,000, or access to the precursor chemicals used that this is a bipartisan effort. I am de- both.’’. in mass quantities to produce meth- lighted to have the cosponsorship of SEC. 5. REGULATION OF PSEUDOEPHEDRINE. amphetamine. Senators GRASSLEY and KYL. I note Section 102(39)(A)(iv) of the Controlled It would increase the penalties for that this bill is also being introduced Substances Act (21 U.S.C. 802(3(9)(A)(iv)) is in the House today by Congressman amended by striking ‘‘ephedrine’’ each place possession of controlled chemicals or it appears and inserting ‘‘ephedrine or RIGGS and Congressman VIC FAZIO. specialized equipment like the triple- pseudoephedrine,’’. I ask unanimous consent that the neck flasks used to make methamphet- SEC. 6. ADDITION OF SUBSTANCES TO DEFINI- amine. text of the bill be printed in the TION OF LISTED CHEMICALS. It would add chemicals used to make RECORD. Section 102 of the Controlled Substances methamphetamine—iodine, red phos- There being no objection, the bill was Act (21 U.S.C. 802) is amended— phorous, and hydrochloric gas—to the ordered to be printed in the RECORD, as (1) in paragraph (34) by adding at the end Chemical Diversion and Trafficking follows: the following new subparagraph: ‘‘(Y) Iodine.’’; and Act. S. 1607 It imposes a civil ‘‘three strikes and (2) in paragraph (35), by adding at the end Be it enacted by the Senate and House of Rep- the following new subparagraphs: you’re out’’ law, for companies that are resentatives of the United States of America in ‘‘(I) Red phosphorous. found to be selling chemicals used to Congress assembled, ‘‘(J) Hydrochloric gas.’’. make methamphetamine. SECTION 1. SHORT TITLE. SEC. 7. SUPPORT FOR INTERNATIONAL EFFORTS There are in our State about seven This Act may be cited as the ‘‘Meth- TO CONTROL DRUGS. rogue chemical companies. Anyone amphetamine Control Act of 1996’’. It is the sense of the Congress that—

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1866 CONGRESSIONAL RECORD — SENATE March 12, 1996 (1) the rise in manufacture and usage of boy’s mother: ‘‘He made some wrong throws out of control the production of the the illegal narcotic methamphetamine is of decisions and this drug sucked him brain chemical dopamine, which plays an im- major concern to the United States; away.’’ I ask unanimous consent that portant part in movement, thought and emo- (2) a substantial portion of the ephedrine this New York Times article be printed tion, as is the case with schizophrenia. Over used to make methamphetamine is smuggled time, the drug damages the brain. across the United States-Mexico border; in the RECORD. ‘‘A person addicted to this stuff looks and (3) the countries of China, India, the Czech There being no objection, the mate- acts exactly like a paranoid schizophrenic,’’ Republic, Germany, and Slovenia are the rial was ordered to be printed in the he said. ‘‘You cannot tell any difference.’’ largest manufacturers of ephedrine and RECORD, as follows: He said that a crack addict could reach the pseudoephedrine; [From the New York Times, Feb. 22, 1996] same point of psychotic behavior but that it (4) one means of preventing the inter- GOOD PEOPLE GO BAD IN IOWA, AND A DRUG IS would take ‘‘much longer and much more of national diversion of ephedrine and BEING BLAMED the drug.’’ pseudoephedrine is the letter of nonobjec- The drug, combined with the effects of (By Dirk Johnson) tion, which requires that the government of sleep deprivation, can cause people to go a country receiving a shipment of the chem- NEWTON, IA. Feb. 16.—In this small town mad, with ghastly consequences. In a case ical is aware of and approves the shipment, surrounded by corn fields, nothing but Sun- last July, a man in New Mexico, who was the quantity involved, the company receiv- day morning church bells ever made much high on methamphetamine and alcohol, being the shipment, and the ultimate use of noise, and the jail sat three-quarters empty headed his 14-year-old son and tossed the the chemical; most of the time. severed head from his van window onto a And then about a year or so ago, things (5) therefore, all ephedrine and busy highway. started to go haywire. pseudoephedrine producing countries should The drug has already exacted a big death Crime began to soar, coupled with an out- require letters of nonobjection from the toll in Western states. In California, it was break of irrational behavior; a man with a Mexican government before exporting ephed- blamed for more than 400 deaths from over- spotless record pulled a string of burglaries; rine or pseudoephedrine to that country; and dose and suicide in 1994, the latest year with some parents suddenly became so neglectful (6) all ephedrine and pseudoephedrine pro- complete records on the drug. In Phoenix, it that their children were taken away; a man ducing countries and Mexico should cooper- killed 122 people in 1994, the authorities said. fled his workplace to get a gun, terrified that ate in any way possible to deter the smug- Here in Iowa, the ravages of the drug have helicopters were coming after him; motorists gling of ephedrine and pseudoephedrine into reached what law-enforcement and health of- in routine traffic stops greeted the police the United States. ficials call an epidemic level. The police in with psychotic tirades. Mr. GRASSLEY. Mr. President, Prosecutors linked all of these cases and Des Moines seized $4.5 million worth of today I am pleased to introduce the many more in this town of 15,000 people to methamphetamine in the last year alone. And for the first time in Polk County, the influx of the drug methamphetamine, Methamphetamine Control Act of 1996 which includes Des Moines, arrests for drugs and its frequent side-effects of paranoia and with my colleague Senator FEINSTEIN. now surpass the number of arrests for drunk- This bipartisan bill takes aim at a rap- violent behavior. A problem for several years in California en driving. Methamphetamine accounts for idly growing problem in America—the and other Southwestern states, the drug is 65 percent of the drug arrests. abuse of methamphetamine, known on now making its way across America, ruining The drug is often manufactured in make- the street as meth or crank. lives and families along the way and raising shift laboratories in rural areas, where the I am from Iowa—a rural State which the concern of policy makers in Washington. stench given off during its production is most people do not associate with ‘‘Meth seems to have taken control of more likely to go undetected, and where law- enforcement agencies are more thinly rampant crime or drug use. But in Iowa these people,’’ said Steve Johnson, the prosecutor here in Jasper County, where the 24- spread. today, meth use has increased dramati- Drug agents found seven such laboratories cally. According to a report prepared bed jail is now overflowing, and 90 percent of the inmates have a problem with the drug. in Iowa last year. In the first six weeks of by the Governor’s alliance on sub- ‘‘It’s scary stuff. We’re pretty frustrated and this year, they found five more. One of them, stance abuse, seizures of methamphet- don’t know exactly what to do to get it in a house trailer near the small town of amine in Des Moines increased an as- under control.’’ Centerville, exploded and burned a man over tounding 4,000 percent from 1993 to 1994. The drug, also known as crank or ice, is a 40 percent of his body. The drug is also making its way into I repeat: meth seizures in Des Moines stimulant that is swallowed, snorted or injected. It is much cheaper than cocaine, and schools throughout Iowa, with some ghastly increased by 4,000 percent. The increase consequences. statewide was 400 percent. These num- its high lasts longer, the authorities say. Users may stay awake for several days at a One night about a year ago, 17-year-old bers are scary, Mr. President. Accord- stretch, feeling euphoric and full of energy Travis Swope of Waterloo sat down with his ing to the Iowa Department of Public before finally plunging into terrible depres- parents, Tim and Keely, and began to trem- Health, 7.3 percent of Iowans seeking sion and paranoia. ble. ‘‘I’m scared,’’ the boy told them. He said help from substance abuse treatment ‘‘This is the most malignant, addictive he could not eat or sleep, and that he had centers in 1995 cited meth as their pri- drug known to mankind,’’ said Dr. Michael been taking a drug called crank. Abrams of Broadlawn Medical Center in Des His parents, who had never heard of the mary addiction. That’s up over 5 per- drug, were shocked, but supportive. Mr. cent from 1994, when only 2.2 percent Moines, where more patients were admitted during the past year for abuse of meth- Swope, a maintenance worker at the John cited meth as their primary addiction. amphetamine than for alcoholism. ‘‘It is Deere Company, said his union insurance Why has meth become such a prob- often used by blue-collar workers, who feel would cover drug treatment. The next day, lem? I do not think anyone knows de- under pressure to perform at a fast pace for however, Travis said he would quit on his finitively, but experts have been able long periods. And at first, it works. It turns own. And his parents believed him. to identify some of the reasons. Meth is you into wonder person. You can do every- ‘‘I was in denial,’’ Mr. Swope said. ‘‘I cheap; a meth high lasts for a very, thing—for a while.’’ though it was something he’d get through.’’ Crack, wicked as it is, cannot compare to Travis, who was a first-rate athlete, very long time, so you get more for seemed better for a while. But then he lost your money; and perhaps most disturb- the destructive power of methamphetamine, Dr. Abrams said, He said the drug, because of weight and looked pale, all the while insist- ingly, meth does not have the stigma its molecular structure, is more stimulating ing that he was not using drugs. Then this associated with cocaine and crack. to the brain than any other drug. manner changed. Kids know that crack is dangerous. But The effects of cocaine, whether snorted or ‘‘He had never been disrespectful to us,’’ they have not yet learned that meth is. smoked, might be gone from the brain in 5 or his mother said. ‘‘But all of a sudden, he’d be In Waterloo, IA, though, people are 10 minutes, Dr. Abrams said, while meth- like, ‘I’ll be home when I decide to come beginning to learn this sad and painful amphetamine continues to work on receptors home!’ That wasn’t Travis. It was like he in the brain for 8 to 24 hours. was a different kid.’’ lesson. According to the New York The price of the drug here might be $100 a At the end of September, there was a blow- Times, a 17-year-old Iowan who had gram, about the same as that for powdered up with his father, and Travis was told to been a good boy, descended into meth cocaine, but would last a user for a week leave the house. addiction. His behavior changed for the while the cocaine would probably be used in On Oct. 6, Travis checked into a hospital, worse. Last October, this young man a day. feeling as if he had a terrible case of the flue. checked himself into the hospital be- Cocaine, which comes from the coca plant, In fact, the drug had broken down his im- cause he believed that he had the flu. is a natural substance. Methamphetamine is mune system and he had developed a form of meningitis. Ten days later, he was dead. He died only days later because meth purely synthetic. ‘‘The body has enzymes that break down cocaine,’’ he said, ‘‘but not ‘‘Learn about this drug, and sit down with had so destroyed his immune system with methamphetamine.’’ your sons and daughters,’’ said Mrs. Swope, that he developed a form of meningitis. Methamphetamine causes psychotic and her voice breaking with emotion as she I will never forget the words of this violent reactions, he said, because the drug talked with a reporter. ‘‘I learned way too

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1867 late, and I feel like I failed him. Travis was ator FEINSTEIN, we are striking at the budget impasse between the Congress a really good kid—not a perfect kid. He made root of the problem: chemical suppliers and the administration have made it some wrong decisions, and this drug sucked who sell chemicals to illegal meth labs. impossible for the administration to him away.’’ Mr. Swope said there were times he avoid- The harder it is for criminal chemists comply with the statutory deadline. ed discussions about drugs with his son, be- to get the raw material to make meth, I remain, however, very concerned cause he feared it would lead to a confronta- the more difficult it will be to produce. that further delay in issuing the regu- tion. ‘‘But I would give everything to have This in turn will make it more expen- lations will erode the power Congress him sitting here now,’’ he said, ‘‘being mad sive. And this will reduce consumption. placed with Indian tribes in the nego- at me.’’ And that will help keep our kids alive tiated rulemaking provisions of the While it seems puzzling why otherwise in- a little longer. 1994 act. A 60-day delay could poten- telligent people would risk ruining their With the rapid increase of meth use tially allow the Federal agencies more lives with this poison, drug counselors point among young people, unless we act time to undermine tribal provisions in out that stimulants have long held appeal in American culture. Going back more than a quickly—and decisively—to pass this the negotiated regulations that were generation, students, athletes and workers bill, I fear for an entire generation of published in proposed form in late Jan- have sought endurance by taking ‘‘uppers’’ Americans. Mr. President, in the 1980’s, uary. or ‘‘speed’’ in tablets called Black Cadillacs we almost lost a generation to crack My concern is based on history. On or White Crosses. and power cocaine. Let’s not get that three occasions, the Congress has had The old country song by Dave Dudley, ‘‘Six close to the edge again. to enact precise statutory directives— Days on the Road,’’ spoke in the voice of a in 1988, 1990, and in 1994—to overcome long-haul trucker in a big hurry: ‘‘I’m taking By Mr. MCCAIN (for himself and the two Departments’ entrenched re- little white pills, and my eyes are open Mr. INOUYE): wide.’’ sistance to the requirements in the Methamphetamine made inroads among S. 1608. A bill to extend the applica- original act. When, for example, in 1988 many blue-collar people because it did not bility of certain regulatory authority the two Secretaries were given a statu- carry the stigma of being a hard drug, the under the Indian Self-Determination tory 10-month timeframe to promul- authorities said. and Education Assistance Act, and for gate regulations with tribal participa- ‘‘Crack has the stigma of being an inner- other purposes; to the Committee on tion, they cut off all tribal input and city drug, and powder cocaine is thought to Indian Affairs. began a delaying process that extended be for affluent people,’’ said Mike Balmer, EXTENSION OF THE INDIAN SELF- the chief deputy sheriff in Jasper County. to 6 years. After 6 years—not 10 DETERMINATION CONTRACT REFORM ACT OF 1994 ‘‘But speed was a working-class drug. It’s months—the Clinton administration what people used to get them through a shift Mr. MCCAIN. Mr. President, I rise released proposed regulations in 1994 at the factory or keep up on a construction today to introduce a measure that that sought in every conceivable way site.’’ would extend for 60 days the authority to retard, rather than enhance, tribal Indeed, the use of methamphetamine goes Congress delegated in 1994 to the Sec- self-determination contracting. The back many years, perhaps to the 20’ or 30’s. retary of the Interior and the Sec- Congress responded by promptly enact- But today’s form is farm more powerful, and retary of Health and Human Services ing the Indian Self-Determination Con- deadly. to promulgate regulations imple- Years ago, the authorities said, a typical tract Reform Act of 1994. That act street does of methamphetamine consisted of menting the Indian Self-Determination mandated, for the first time in the his- perhaps 20 percent of ephedrine, the ingre- Contract Reform Act of 1994. tory of Federal-Indian legislation, that dient that delivers the kick. New methods Under longstanding Federal-Indian tribal governments be directly in- that emerged in the late 1980’s and early 90’s policies favoring tribal self-determina- volved in the process of drafting the often using a synthetic psuedoephedrine, tion, the United States has encouraged proposed regulations through a nego- have yielded a much more potent substance. native American tribal governments tiated rulemaking format rather than Now the drug contains over 90 percent of the and tribal organizations to assume the the traditional process of being ‘‘con- active ingredient. responsibility of carrying out essential Even before the big influx of methamphet- sulted’’ on drafts prepared by Federal amine, the use of stimulants was a problem governmental services previously per- officials. in Iowa. A public health survey in 1993 found formed by Federal employees of the In the 1994 act, the Congress accepted that the use of stimulants like amphet- Bureau of Indian Affairs [BIA] and the the administration’s request that the amines among Iowans was twice the national Indian Health Service [IHS]. Indian 12-month regulatory period, originally average, a finding that caused some scholars tribes have been waiting since 1988 for proposed by the Senate, be enlarged to to wonder if an intense Midwestern work regulations that would guide the im- 18 months. That 18-month period ends ethic was mainly to blame. plementation of the act. The bill I am on April 25, 1996. The Clinton adminis- The latest statistics show that more than introducing today would elongate that 35 percent of the people going to Iowa pris- tration assured the Congress that this ons last year reported using methamphet- delay by an additional 60 days, extend- would be ample time to get the job amine. And 90 percent of the people being ing the authority to issue final regula- done. committed to the mental health facilities in tions from April 25, 1996 to June 25, I am told that the proposed regula- Polk County have used methamphetamine. 1996. tions prepared by the joint Federal- In some cases, the psychotic behavior pro- Despite my initial hesitancy to spon- Tribal negotiated rulemaking com- voked by the drug becomes permanent. The sor such an extension, tribal govern- mittee were largely completed and drug also causes body sores, which are wors- ments have now convinced me of the ready for publication in October 1995. ened by the incessant scratching by users need for this 60-day extension. The who feel like bugs are crawling over their However, the draft regulations lan- bodies. United South and Eastern Tribes, the guished in the Office of Management To fight the drug, Iowa has begun a radio National Congress of American Indi- and Budget, or OMB, for over 3 months and television advertising campaign to warn ans, and numerous tribal governments before they were finally released for people of the dangers. A new prosecutor has have asked me to support the exten- publication in the Federal Register on been added to the United States Attorney’s sion. I respect their judgment and ask January 24, 1996. Soon after publica- office in Des Moines, just to concentrate on that the Congress honor their request. tion, the administration began to drugs. At least five counties in Iowa have In addition, several days ago the Sen- mount pressure for an extension. hired extra prosecutors to deal with the rising tide of methamphetamine cases. ate referred executive communication Mr. President, I am very concerned ‘‘They haven’t seen much of this in the No. 1959 to the Committee on Indian about reports that OMB officials re- East Coast,’’ said Tom Murtha, the director Affairs, which I chair. EC 1959 forwards cently raised dozens of questions and of the First Step-Mercy Franklin Center, an the request of the Department of issues after the joint Federal-Tribal alcohol and drug treatment center. ‘‘But it’s Health and Human Services and the negotiated rulemaking committee had coming.’’ Department of the Interior that Con- finalized the proposed regulations. This Mr. GRASSLEY. Mr. President, what gress enact the bill I am introducing is particularly disturbing, because I America is facing today is nothing today. The Departments argue that a and other authors of the 1994 act ex- short of an epidemic. Meth is cheap and 60-day extension is needed because win- pected the entire administration, in- easily manufactured from commonly ter weather conditions and recent Fed- cluding the OMB, to raise its concerns available chemicals. Today, with Sen- eral employee furloughs related to the and questions during the negotiated

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1868 CONGRESSIONAL RECORD — SENATE March 12, 1996 rulemaking committee’s deliberations persuaded by the Indian tribes to set a have suffered from the abuse of the with the Indian tribes, not afterward. hard and fast publication deadline of drug. What is most troubling to me, is that April 25, 1996 in response to the delays Today, we are tracking the arrival of tribal representatives on the joint Fed- tribes had experienced in getting final two new drugs—rohypnol and what is eral-Tribal negotiated rulemaking regulations under the 1988 amend- called ‘‘special K’’—as they begin to committee have informed me that ments. Likewise, at the request of the show popularity in several States. So, many of these OMB questions reflected Indian tribes, Congress mandated that today is the time for action against a basic lack of understanding of the act the proposed regulations be developed these drugs. and the special statutory and historic by a joint, tribal-Federal negotiated Heightening this urgency is one context in which these regulations rulemaking committee. Assuming sub- stark fact—these new drugs are being have been developed. It appears that stantial tribal involvement in that used primarily by our children—our the administration’s negotiators did committee, and good faith on the part teens and young adults. One need not not release these OMB questions to the of the administration, it would be rea- be unduly alarmist, but we must pro- tribal representatives until late last sonable to expect that these time- ceed with dispatch to do what we can month. The questions are of the type frames could be met. But apparently, to stop the spread of rohypnol and spe- that could easily have been addressed 60 more days is needed. Accordingly, I cial K. during the Federal-Tribal negotiated will support the extension with the That is why I am today introducing rulemaking process. I am disturbed warning to the administration that I legislation to make both these drugs that the OMB has apparently elected do not want to learn at some later date subject to much stricter regulation. not to participate directly in the nego- that the expanded timeframe has al- This can be accomplished by moving tiations, where the OMB officials could lowed the administration additional these drugs to different schedules have openly aired their concerns and advantage over tribal governments in under the Federal Controlled Sub- afforded tribal government representa- the negotiation of the final regula- stances Act. tives an opportunity to respond. tions. This is not a step to be taken lightly, The apparent risk associated with ex- Despite my reservations, I remain because there is a regulatory procedure tending the deadline for final promul- hopeful that the ongoing negotiated in place for scheduling controlled sub- gation of the regulations is that the rulemaking process can be successfully stances. But, unfortunately, this regu- OMB, and their allies within the De- concluded within the extended time- latory procedure can take years to ac- partments, will have more time to uni- frame. But the Departments and the complish our goal, and what we need to laterally undo much of what the joint OMB must commit themselves to this do must be done in months, not years. Federal-Tribal negotiated rulemaking process, just as the Indian tribes have In the past decade, Congress has committee has achieved to date as a re- done, and they must resist the tempta- taken legislative action to change sult of government-to-government ne- tion to slide back into the paternal- schedules in at least two other in- gotiations, and more time to resolve, istic, adversarial, and bureaucratic stances. against the Indian tribes, the remain- thinking that has compelled the Con- In 1984, in response to an alarming ing areas in dispute set forth in the gress since 1988 to micromanage the increase in illicit trafficking and non- January 24, 1996, notice of proposed Departments in the area of tribal self- medical abuse of the drug, Congress en- rulemaking. determination contracting. acted legislation to move quaaludes, a I am deeply concerned that the De- I thank my friend, Senator INOUYE, previously medically approved seda- partments’ resistance to the act has for joining with me as an original co- tive, to schedule one of the Controlled undercut the negotiated rulemaking sponsor of the bill. I urge my col- Substances Act. process, as evidenced by the nature of leagues to support the 60-day extension In the decade since this legislation the issues remaining in dispute. For in- and to join me in ensuring that the ad- took effect, quaalude abuse has de- stance, neither Department wants to ministration does not, by reason of the creased significantly, with emergency use the negotiated rulemaking process 60-day delay, gain any negotiation ad- room quaalude overdose reports down to develop their agency procedures, de- vantage over the Indian tribes. 80 percent from 1985 to 1994. spite the law’s directive that they do Mr. President, I ask unanimous con- And in legislation I sponsored, which so. The Interior Department insists on sent that the text of the bill be printed was passed as part of the 1990 Crime incomprehensible organizational con- in the RECORD. Control Act, steroids were reclassified flict-of-interest provisions which can There being no objection, the bill was as a schedule three substance, sub- only serve to undermine the goal of ordered to be printed in the RECORD, as jecting them to more strict controls tribal self-determination. The Interior follows: and penalties. Department insists that a standard S. 1608 This change was also in response to contract renewal with no material Be it enacted by the Senate and House of Rep- an explosion of abuse—particularly by change must be processed through the resentatives of the United States of America in young athletes. The effects of this leg- full contract application and declina- Congress assembled, islation has also been significant, with tion process even though that is plain- SECTION 1. EXTENSION OF APPLICABILITY OF the rate of annual use of steroids down ly not what Congress intended—as the CERTAIN REGULATORY AUTHORITY. 42 percent in the first 2 years following IHS, to its credit, does recognize. The Section 107(a)(2)(B) of the Indian Self-De- the enactment of the legislation. termination and Education Assistance Act Departments both seek to preserve the (25 U.S.C. 450k(a)(2)(B)) is amended by strik- It is now time to legislate stricter right to impose on tribes unpublished ing ‘‘18 months’’ and inserting ‘‘20 months’’. controls for rohypnol and special K. requirements, despite the clear statu- The record high drug abuse rates of the tory prohibitions against doing so. And By Mr. BIDEN: 1970’s were accompanied by a unique perhaps most distressingly, the Depart- S. 1609. A bill to provide for the re- drug culture signified by the presence ments have resisted placing any lan- scheduling of flunitrazepan into sched- of ‘‘club’’ drugs—drugs that were pop- guage in the new regulations that ule I of the Controlled Substances Act, ular with youth and young adults who would state that Federal laws and reg- and for other purposes; to the Com- frequented dance clubs and often mixed ulations will be interpreted liberally mittee on the Judiciary. drugs with alcohol and other sub- for the benefit of the Indian tribes in CONTROLLED SUBSTANCES ACT LEGISLATION stances. order to facilitate contracting activi- ∑ Mr. BIDEN. Mr. President, the best Recently, club drugs have made a re- ties under the act. This is the position time to target a new drug with uncom- surgence in popularity, and they are of the Departments despite the fact promising enforcement pressure is be- often showing up at both bars and that this language is a well-settled fore abuse of that drug has over- ‘‘raves,’’ all-night dance marathons U.S. Supreme Court rule of statutory whelmed our communities. popular with teens. construction that applies to all reme- The advantages of doing so are Club drugs are typified by the way dial Indian legislation. clear—there are fewer pushers traf- they suddenly gain popularity and be- To sum it up, Mr. President, I and ficking in the drug and, most impor- come the drug of choice, becoming other Members of Congress in 1994 were tant, fewer lives and fewer families will trendy among youth. Often these drugs

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1869 are legally manufactured but are being There have also been a number of re- step in the right direction. But this used by youth in ways unintended by ports of teens and young adults who ban on all rohypnol is only the first the manufacturer and unapproved by have entered drug abuse treatment fa- step. the Food and Drug Administration. cilities in Florida, reporting rohypnol Further action is needed to make Rohypnol and special K are two of abuse and suicidal feelings they experi- sure cracking down on the illegal traf- the drugs which have recently hit the enced while using rohypnol. ficking of rohypnol is a high priority youth scene and quickly become pop- The most famous example of and that illegal traffickers of rohypnol ular. Both of these drugs are very dan- rohypnol overdose made the news with are given tough sanctions. gerous drugs whose current legal sta- the attempted suicide of Kurt Cobain, That is why I am introducing legisla- tus does not reflect the dangers inher- lead singer of the rock band Nirvana. tion to increase the restrictions on ent in their abuse. Cobain ultimately succeeded in com- both special K and rohypnol. By mov- Rohypnol abuse was first documented mitting suicide on March 18, 1994, but ing rohypnol to schedule one of the in the United States in 1993. Although the rock singer had attempted suicide Federal Controlled Substances Act and abuse was first noted in southern Flor- earlier in the month when he fell into adding special K to schedule two of the ida, in the past 2 years abuse has a coma following a near fatal mixture act, this legislation will subject both spread rapidly, and rohypnol activity of champagne and rohypnol. Cobain re- drugs to tighter controls, increased has now been reported in more than 30 mained comatose for nearly 2 days be- penalties for unlawful activity involv- States. fore regaining consciousness after this ing the two drugs, and will increase the Without rapid and strong Govern- drug experience. attention and enforcement efforts di- ment action, abuse will continue to Special K is also hitting the club rected at the drugs by Federal, State, spread to uncontrollable levels. scene at alarming rates. This drug is a and local law and drug enforcement of- Teenagers find rohypnol attractive hallucinogen very similar to PCP. Spe- ficials. for a number of reasons. Frighteningly, cial K, or ketamine hydrochloride, has In essence, these tighter regulations one major reason is that youth do not become popular as a new designer drug. will mean that rohypnol will be sub- see rohypnol as dangerous because it Although this drug has been in exist- jected to the same restrictions and has a legitimate medical use in some ence for several years, its abuse has penalties as heroin, and special K will areas of the world, and they mistak- rapidly become more prevalent in re- face the same controls as cocaine. enly believe that if they are taking a cent years. I hope my colleagues will join me in drug which is in its original packaging Now many parties and raves at dance seeing to speedy passage of this legisla- from the manufacturer, it is both safe clubs are called bump parties, as a way tion—taking action to make these and unadulterated. of conveying special K is available. It drugs less available to our youth now. In addition, there are few existing is particularly attractive to kids at I ask unanimous consent that a copy means for testing and prosecuting these types of events because along of the bill appear in the RECORD. youth for rohypnol possession and in- with its mind-altering effects, the drug There being no objection, the bill was toxication. The combination of gives a burst of energy, and it can be ordered to be printed in the RECORD, as rohypnol and alcohol makes it possible mixed with water so kids can take it in follows: for youth to feel very intoxicated while public without attracting attention. S. 1609 still remaining under the legal blood- In fact, a club in New Jersey was re- Be it enacted by the Senate and House of Rep- alcohol level for driving. cently closed by police after it was dis- resentatives of the United States of America in In addition to gaining attention for covered that teens were attending Congress assembled, increasing rate of abuse, rohypnol has raves there where club employees dis- SECTION 1. RESCHEDULING. also been the focus of another social tributed bottled water for this purpose. Notwithstanding sections 201 and 202 (a) problem: crime, particularly date rape. In addition to seizures in New Jersey, and (b) of the Controlled Substances Act (21 In fact, in many areas and in a number recent newspaper articles have men- U.S.C. 811, 812 (a),(b)) respecting the sched- of newspaper accounts, rohypnol has tioned seizures in Maryland, New York, uling of controlled substances, the Attorney been referred to as a ‘‘date rape drug.’’ Pennsylvania, Arizona, California, and General shall, by order— This connection between rohypnol Florida. Drug tracking experts have (1) transfer flunitrazepam from schedule IV and rape is due to the drug’s also cited the presence of special K in of such Act to schedule I of such Act; and (2) add ketamine hydrochloride to schedule disinhibitory effects and its likelihood Georgia and the District of Columbia, II of such Act.∑ of causing amnesia when combined and in my home State of Delaware. with alcohol. Special K is considered the successor f Unfortunately, this amnesiac effect to PCP—or angel dust, as it is known ADDITIONAL COSPONSORS is one of the reasons many people who on the street—due to similarity of the abuse rohypnol are attracted to it. It is two drugs’ chemical compositions and S. 942 commonly reported that people taking mind-altering effects. There have also At the request of Mr. BOND, the name rohypnol in combination with alcohol been reports of PCP being sold to peo- of the Senator from Massachusetts typically have blackouts, or memory ple who think they are buying special [Mr. KERRY] was added as a cosponsor losses lasting 8 to 24 hours. K. of S. 942, a bill to promote increased The novelty of blackouts attract Ketamine is primarily a veterinary understanding of Federal regulations youth, particularly youth who are anesthetic. Although it has some lim- and increased voluntary compliance combining drugs with alcohol. ited use for human medical treatment, with such regulations by small enti- This has led to rohypnol being re- its use in this manner is not extensive ties, to provide for the designation of ferred to as the ‘‘forget me pill’’ or the due to the unpleasant and often dan- regional ombudsmen and oversight ‘‘forget pill.’’ Even more frightening, gerous side effects that can accompany boards to monitor the enforcement many people are finding the drug at- its use. practices of certain Federal agencies tractive as a way of creating blackouts It is clear that the current controls with respect to small business con- in others. on rohypnol and ketamine do not re- cerns, to provide relief from excessive The combination of disinhibition and flect the dangers these drugs now pose and arbitrary regulatory enforcement memory loss caused by rohypnol mixed to our society, particularly to women actions against small entities, and for with alcohol makes women especially and children. In the United States other purposes. vulnerable to being victims of date rohypnol is classified under the Federal S. 960 rape by people who convince women to Controlled Substances Act as only a At the request of Mr. SANTORUM, the take rohypnol while drinking or put schedule four drug, and ketamine is name of the Senator from Virginia [Mr. the drug in a woman’s drink without not scheduled at all. WARNER] was added as a cosponsor of S. her knowledge. Last week, the Treasury Department 960, a bill to amend title 18, United Recently, in Florida and Texas, there announced that custom officials would States Code, to exempt qualified cur- have been a number of investigations begin seizing all rohypnol which is rent and former law enforcement offi- into these types of victimizations. brought across U.S. borders. This is a cers from State laws prohibiting the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1870 CONGRESSIONAL RECORD — SENATE March 12, 1996 carrying of concealed handguns, and from Oklahoma [Mr. INHOFE] were Representatives and the President pro tem- for other purposes. added as cosponsors of S. 1578, a bill to pore of the Senate may jointly designate. S. 984 amend the Individuals With Disabil- SEC. 2 CONDITIONS. The event to be carried out under this res- At the request of Mr. GRASSLEY, the ities Education Act to authorize appro- olution shall be free of admission charge to name of the Senator from Tennessee priations for fiscal years 1997 through 2002, and for other purposes. the public and arranged not to interfere with [Mr. FRIST] was added as a cosponsor of the needs of Congress, under conditions to be S. 984, a bill to protect the funda- SENATE CONCURRENT RESOLUTION 43 prescribed by the Architect of the Capitol mental right of a parent to direct the At the request of Mr. THOMAS, the and the Capitol Police Board. The Speciality upbringing of a child, and for other names of the Senator from New York Equipment Market Association shall assume purposes. [Mr. D’AMATO] and the Senator from full responsibility for all expenses and liabilities incident to all activities associated S. 1183 Kentucky [Mr. FORD] were added as co- with the event. At the request of Mr. HATFIELD, the sponsors of Senate Concurrent Resolu- tion 43, a concurrent resolution ex- SEC. 3. STRUCTURE AND EQUIPMENT. name of the Senator from Illinois [Ms. For the purposes of this resolution, the MOSELEY-BRAUN] was added as a co- pressing the sense of the Congress re- Speciality Equipment Market Association is sponsor of S. 1183, a bill to amend the garding proposed missile tests by the authorized to erect upon the Capitol Act of March 3, 1931 (known as the People’s Republic of China. Grounds, subject to the approval of the Ar- Davis-Bacon Act), to revise the stand- SENATE RESOLUTION 226 chitect of the Capitol, such stage, sound am- ards for coverage under the Act, and At the request of Mr. DOMENICI, the plification devices, tents, and other related for other purposes. name of the Senator from California structures and equipment as may be necessary for the event to be carried out under S. 1423 [Mrs. FEINSTEIN] was added as a co- this resolution. sponsor of Senate Resolution 226, a res- At the request of Mr. GREGG, the SEC. 4. ADDITIONAL ARRANGEMENTS. name of the Senator from Florida [Mr. olution to proclaim the week of Octo- The Architect of the Capitol and the Cap- MACK] was added as a cosponsor of S. ber 13 through October 19, 1996, as ‘‘Na- itol Police Board are authorized to make any 1423, a bill to amend the Occupational tional Character Counts Week.’’ additional arrangement that may be re- Safety and Health Act of 1970 to make AMENDMENT NO. 3467 quired to carry out the event under this res- modifications to certain provisions, At the request of Mr. BRYAN, his olution. and for other purposes. name was added as a cosponsor of SEC. 5. LIMITATIONS ON REPRESENTATIONS. S. 1483 amendment No. 3467 proposed to H.R. The Speciality Equipment Market Associa- 3019, a bill making appropriations for tion (including its members) shall not At the request of Mr. KYL, the names present, either directly or indirectly, that of the Senator from Indiana [Mr. fiscal year 1996 to make a further this resolution or any activity carried out COATS] and the Senator from Utah [Mr. downpayment toward a balanced budg- under this resolution in any way constitutes HATCH] were added as cosponsors of S. et, and for other purposes. approval or endorsement by the Federal Gov- 1483, a bill to control crime, and for f ernment of the Speciality Equipment Mar- other purposes. ket Association (or its members) or any SENATE CONCURRENT RESOLU- product or service offered by the Speciality S. 1487 TION 44—RELATIVE TO CAPITOL Equipment Market Association (or its mem- At the request of Mr. GRAMM, the GROUNDS bers). names of the Senator from North Caro- Mr. CAMPBELL submitted the fol- f lina [Mr. FAIRCLOTH], the Senator from lowing concurrent resolution which South Carolina [Mr. HOLLINGS], the SENATE CONCURRENT RESOLU- Senator from New Hampshire [Mr. was referred to the Committee on TION 45—RELATIVE TO THE CAP- Rules and Administration: SMITH], and the Senator from Maryland ITOL ROTUNDA [Ms. MIKULSKI] were added as cospon- S. CON. RES. 44 Mr. DOLE (for himself and Mr. sors of S. 1487, a bill to establish a dem- Whereas the United States public has dem- HELMS) submitted the following con- onstration project to provide that the onstrated a continuing love affair with current resolution; which was consid- Department of Defense may receive motor vehicles since their introduction 100 years ago, enjoying vehicles for transpor- ered and agreed to: Medicare reimbursement for health tation, for enthusiast endeavors ranging S. CON. RES. 45 care services provided to certain Medi- from racing to show competitions, and as a Resolved by the Senate (the House of Rep- care-eligible covered military bene- mode of individual expression; resentatives concurring), That the rotunda of ficiaries. Whereas research and development in con- the United States Capitol is hereby author- S. 1506 nection with motorsports competition and ized to be used on May 2, 1996 at 2 o’clock specialty applications have provided con- At the request of Mr. ABRAHAM, the post meridian for the presentation of the sumers with life-saving safety features, in- name of the Senator from Tennessee Congressional Gold Medal to Reverend and cluding seat belts, air bags, and many other Mrs. Billy Graham. Physical preparations for [Mr. FRIST] was added as a cosponsor of important innovations; the conduct of the ceremony shall be carried S. 1506, a bill to provide for a reduction Whereas hundreds of thousands of amateur out in accordance with such conditions as in regulatory costs by maintaining and professional participants enjoy motor- may be prescribed by the Architect of the Federal average fuel economy stand- sports competitions each year throughout Capitol. ards applicable to automobiles in effect the United States; f at current levels until changed by law, Whereas such competitions have a total and for other purposes. annual attendance in excess of 14,500,000 AMENDMENTS SUBMITTED spectators, making the competitions among S. 1537 the most widely attended in United States At the request of Mr. ROBB, the name sports; and THE 1996 BALANCED BUDGET of the Senator from Mississippi [Mr. Whereas sales of motor vehicle parts and DOWNPAYMENT ACT, II COCHRAN] was added as a cosponsor of accessories for performance and appearance S. 1537, a bill to require the Adminis- enhancement, restoration, and modification trator of the Environmental Protection exceeded $15,000,000,000 in 1995, resulting in MURKOWSKI (AND STEVENS) Agency to issue a regulation that con- 500,000 jobs for United States citizens: Now, AMENDMENT NO. 3472 therefore, be it solidates all environmental laws and Resolved by the Senate (the House of Rep- (Ordered to lie on the table.) health and safety laws applicable to resentatives concurring), Mr. MURKOWSKI (for himself and the construction, maintenance, and op- SECTION 1. USE OF CAPITOL GROUNDS FOR SPE- Mr. STEVENS) submitted an amendment eration of above-ground storage tanks, CIALTY MOTOR VEHICLE AND intended to be proposed by them to and for other purposes. EQUIPMENT EVENT. amendment No. 3466 proposed by Mr. The Speciality Equipment Market Associa- S. 1578 HATFIELD to the bill (H.R. 3019) making tion shall be permitted to sponsor a public At the request of Mr. FRIST, the event displaying racing, restored and cus- appropriations for fiscal year 1996 to names of the Senator from Kentucky tomized motor vehicles, and transporters on make a further downpayment toward a [Mr. MCCONNELL], the Senator from the Capitol Grounds on May 15, 1996, or such balanced budget, and for other pur- Ohio [Mr. DEWINE], and the Senator other date as the Speaker of the House of poses; as follows:

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1871 At the appropriate place, insert the fol- which shall become available for obligation unless the context otherwise requires, in- lowing: on October 1, 1996 and shall remain available cludes the private corporation and any suc- SEC. . None of the funds appropriated or through September 30, 1997, shall be for sec- cessor thereto following privatization. otherwise made available for activities of tions 3136 and 3141 of the Elementary and (3) The term ‘‘gaseous diffusion plants’’ the Department of Agriculture Agricultural Secondary Education Act. means the Paducah Gaseous Diffusion Plant Marketing Service may be expended until PART 2—ADDITIONAL AMOUNTS at Paducah, Kentucky and the Portsmouth such time as food safety and inspection pro- Gaseous Diffusion Plant at Piketon, Ohio. In addition to the amounts provided in grams implemented or accepted by the Food (4) The term ‘‘highly enriched uranium’’ Title I of this Act for the Department of and Drug Administration for the safety of means uranium enriched to 20 percent or Labor: American and overseas consumers are adopt- more of the uranium-235 isotope. Under the heading ‘‘Departmental Manage- ed as the standard required for the purposes (5) The term ‘‘low-enriched uranium’’ ment, Salaries and Expenses’’, $12,000,000, of of Department of Agriculture surplus seafood means uranium enriched to less than 20 per- which $10,000,000 shall be only for terminal commodity purchase programs. cent of the uranium-235 isotope, including leave, severance pay, and other costs di- that which is derived from highly enriched rectly related to the reduction of the number uranium. of employees in the Department. SPECTER (AND OTHERS) (6) The term ‘‘low-level radioactive waste’’ In addition to the amounts provided for in AMENDMENT NO. 3473 has the meaning given such term in section Title I of this Act for the Department of 2(9) of the Low-Level Radioactive Waste Pol- Mr. SPECTER (for himself, Mr. HAR- Health and Human Services: icy Act (42 U.S.C. 2021b(9)). KIN, and Mr. WELLSTONE) proposed an Under the heading ‘‘Health Resources and (7) The term ‘‘private corporation’’ means amendment to amendment No. 3467 Services’’, $55,256,000: Provided, That the corporation established under section 5. $52,000,000 of such funds shall be used only for proposed by Mr. HARKIN to amendment (8) The term ‘‘privatization’’ means the State AIDS Drug Assistance Programs au- No. 3466 proposed by Mr. HATFIELD to transfer of ownership of the Corporation to thorized by section 2616 of the Public Health the bill H.R. 3019, supra; as follows: private investors. Service Act and shall be distributed to In lieu of the language proposed to be in- (9) The term ‘‘privatization date’’ means States as authorized by section 2618(b)(2) of serted, insert the following: the date on which 100 percent of the owner- such Act; and ship of the Corporation has been transferred PART 1—AMOUNTS Under the heading ‘‘Substance Abuse and to private investors. In addition to the amounts provided in Mental Health Services’’, $134,107,000. Title I of this Act for the Department of (10) The term ‘‘public offering’’ means an PART 3—GENERAL PROVISIONS Labor: underwritten offering to the public of the Under the heading ‘‘Training and Employ- SEC. 401. AVAILABILITY. common stock of the private corporation ment Services’’, $1,213,300,000, of which Notwithstanding any other provision of pursuant to section 4. $487,300,000 is available for obligation for the this Act, section 4002 shall not apply to part (11) The ‘‘Russian HEU Agreement’’ means period July 1, 1996 through June 30, 1997, and 1 of chapter 3 of title IV. the Agreement Between the Government of of which $91,000,000 is available from July 1, SEC. 402. OFFSETS. the United States of America and the Gov- 1996, through September 30, 1997, for carrying Notwithstanding any other provision of ernment of the Russian Federation Con- out activities of the School-to-Work Oppor- this Act, the amounts on page 539, lines 18 cerning the Disposition of Highly Enriched tunities Act, and of which $635,000,000 is for and 19, and page 540, line 10, shall each be re- Uranium Extracted from Nuclear Weapons, carrying out title II, part B of the Job Train- duced by $200,000,000. dated February 18, 1993. ing Partnership Act; On page 546, increase the rescission (12) The term ‘‘Secretary’’ means the Sec- Under the heading ‘‘State Unemployment amount on line 21 by $10,000,000. retary of Energy. Insurance and Employment Service Oper- Notwithstanding any other provision of (13) The ‘‘Suspension Agreement’’ means ations’’, $18,000,000, which shall be available this Act, the amounts on page 583, lines 4 and the Agreement to Suspend the Antidumping for obligation for the period July 1, 1996 14, shall each be reduced by $159,000,000. Investigation on Uranium from the Russian Federation, as amended. through June 30, 1997; ADMINISTRATION FOR CHILDREN AND FAMILIES In addition to the amounts provided for in (14) The term ‘‘uranium enrichment’’ Job Opportunities and Basic Skills Title I of this Act for the Department of means the separation of uranium of a given Health and Human Services: (Rescission) isotopic content into 2 components, 1 having Under the heading ‘‘Children and Families Of the funds made available under this a higher percentage of a fissile isotope and 1 Services Programs’’, $136,700,000. heading elsewhere in this Act, there is re- have a lower percentage. In addition to the amounts provided for in scinded an amount equal to the total of the SEC. 3. SALE OF THE CORPORATION. Title I of this Act for the Department of funds within each State’s limitation for fis- (a) AUTHORIZATION.—The Board of Direc- Education: cal year 1996 that are not necessary to pay tors of the Corporation, with the approval of Under the heading ‘‘Education Reform’’, such State’s allowable claims for such fiscal the Secretary of the Treasury, shall transfer $151,000,000, which shall become available on year. the interest of the United States in the October 1, 1996 and shall remain available Section 403(k)(3)(F) of the Social Security United States Enrichment Corporation to through September 30, 1997: Provided, That Act (as amended by Public Law 100–485) is the private sector in a manner that provides $60,000,000 shall be for the Goals 2000: Edu- amended by adding: ‘‘reduced by an amount for the long-term viability of the Corpora- cate Act and $91,000,000 shall be for the equal to the total of those funds that are tion, provides for the continuation by the School-to-Work Opportunities Act. within each State’s limitation for fiscal year Corporation of the operation of the Depart- Under the heading ‘‘Education for the Dis- 1996 that are not necessary to pay such ment of Energy’s gaseous diffusion plants, advantaged’’, $814,489,000, which shall become State’s allowable claims for such fiscal year provides for the protection of the public in- available for obligation on October 1, 1996 (except that such amount for such year shall terest in maintaining a reliable and eco- and shall remain available through Sep- be deemed to be $1,000,000,000 for the purpose nomical domestic source of uranium mining, tember 30, 1997: Provided, That $700,228,000 of determining the amount of the payment enrichment and conversion services, and, to shall be available for basic grants and under subsection (1) to which each State is the extent not inconsistent with such pur- $114,261,000 shall be for concentration grants. entitled),’’. poses, secures the maximum proceeds to the Under the heading ‘‘School Improvement FEDERAL AVIATION ADMINISTRATION United States. (b) PROCEEDS.—Proceeds from the sale of Programs’’, $208,000,000, which shall become Grants-In-Aid For Airports available for obligation on October 1, 1996 the United States’ interest in the Corpora- and shall remain available through Sep- (Airport and Airway Trust Fund) tion shall be deposited in the general fund of tember 30, 1997. (Rescission of Contract Authorization) the Treasury. Under the heading ‘‘Vocational and Adult Of the available contract authority bal- SEC. 4. METHOD OF SALE. Education’’, $82,750,000, which shall become ances under this account, $616,000,000 are re- (a) AUTHORIZATION.—The Board of Direc- available for obligation on October 1, 1996 scinded. tors of the Corporation, with the approval of and shall remain available through Sep- PART 4—UNITED STATES ENRICHMENT the Secretary of the Treasury, shall transfer tember 30, 1997. CORPORATION PRIVATIZATION ownership of the assets and obligations of Under the heading ‘‘Student Financial As- the Corporation to the private corporation sistance’’, the maximum Pell Grant for SEC. 1. SHORT TITLE. established under section 5 (which may be which a student shall be eligible during This Act may be cited as the ‘‘USEC Pri- consummated through a merger or consoli- award year 1996–1997 shall be increased by vatization Act’’. dation effected in accordance with, and hav- $60.00: Provided, That funding for Title IV, SEC. 2. DEFINITIONS. ing the effects provided under, the law of the part E shall be increased by $58,000,000 and For purposes of this Act: State of incorporation of the private cor- funding for Title IV, Part A, subpart 4 shall (1) The term ‘‘AVLIS’’ means atomic vapor poration, as if the Corporation were incor- be increased by $32,000,000. laser isotope separation technology. porated thereunder). Under the heading ‘‘Education Research, (2) The term ‘‘Corporation’’ means the (b) BOARD DETERMINATION.—The Board, Statistics, and Improvement’’, $10,000,000 United States Enrichment Corporation and, with the approval of the Secretary of the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1872 CONGRESSIONAL RECORD — SENATE March 12, 1996 Treasury, shall select the method of transfer SEC. 6. TRANSFERS TO THE PRIVATE CORPORA- (2) entered into by the Corporation before and establish terms and conditions for the TION. the privatization date. transfer that will provide the maximum pro- Concurrent with privatization, the Cor- (b) NONTRANSFERABLE POWER CONTRACTS.— ceeds to the Treasury of the United States poration shall transfer to the private cor- The Corporation shall transfer to the private and will provide for the long-term viability poration— corporation the right to purchase power of the private corporation, the continued op- (1) the lease of the gaseous diffusion plants from the Secretary under the power purchase eration of the gaseous diffusion plants, and in accordance with section 7. contracts for the gaseous diffusion plants ex- the public interest in maintaining reliable (2) all personal property and inventories of ecuted by the Secretary before July 1, 1993. and economical domestic uranium mining the Corporation, The Secretary shall continue to receive and enrichment industries. (3) all contracts, agreements, and leases power for the gaseous diffusion plants under (c) ADEQUATE PROCEEDS.—The Secretary of under section 8(a), such contracts and shall continue to resell (4) the Corporation’s right to purchase the Treasury shall now allow the privatiza- such power to the private corporation at cost power from the Secretary under section 8(b). tion of the Corporation unless before the sale during the term of such contracts. (5) such funds in accounts of the Corpora- date the Secretary of the Treasury deter- (c) EFFECT OF TRANSFER.—(1) Notwith- tion held by the Treasury or on deposit with mines that the method of transfer will pro- standing subsection (a), the United States any bank or other financial institution as vide the maximum proceeds to the Treasury shall remain obligated to the parties to the approved by the Secretary of the Treasury, consistent with the principles set forth in contracts, agreements, and leases trans- section 3(a). and (6) all of the Corporation’s records, includ- ferred under subsection (a) for the perform- (d) APPLICATION OF SECURITIES LAWS.—Any ance of its obligations under such contracts, offering or sale of securities by the private ing all of the papers and other documentary materials, regardless of physical form or agreements, or leases during their terms. corporation shall be subject to the Securities Performance of such obligations by the pri- Act of 1933 (15 U.S.C. 77a et seq.), the Securi- characteristics, made or received by the Cor- vate corporation shall be considered per- ties Exchange Act of 1934 (15 U.S.C. 78a et poration. formance by the United States. seq.), and the provisions of the Constitution SEC. 7. LEASING OF GASEOUS DIFFUSION FACILI- (2) If a contract, agreement, or lease trans- and laws of any State, territory, or posses- TIES. ferred under subsection (a) is terminated, ex- sion of the United States relating to trans- (a) TRANSFER OR LEASE.—Concurrent with tended, or materially amended after the pri- actions in securities. privatization, the Corporation shall transfer vatization date— (e) EXPENSES.—Expenses of privatization to the private corporation the lease of the (A) the private corporation shall be respon- shall be paid from Corporation revenue ac- gaseous diffusion plants and related property sible for any obligation arising under such counts in the United States Treasury. for the remainder of the term of such lease contract, agreement, or lease after any ex- SEC. 5. ESTABLISHMENT OF PRIVATE CORPORA- in accordance with the terms of such lease. tension or material amendment, and TION. (b) RENEWAL.The private corporation shall (a) INCORPORATION.—The directors of the have the exclusive option to lease the gas- (B) the United States shall be responsible Corporation shall establish a private for- eous diffusion plants and related property for for any obligation arising under the con- profit corporation under the laws of a State additional periods following the expiration tract, agreement, or lease before the termi- for the purpose of receiving the assets and of the initial term of the lease. nation, extension, or material amendment. obligations of the Corporation at privatiza- (c) EXCLUSION OF FACILITIES FOR PRODUC- (3) The private corporation shall reimburse tion and continuing the business operations TION OF HIGHLY ENRICHED URANIUM.—The the United States for any amount paid by of the Corporation following privatization. Secretary shall not lease to the private cor- the United States under a settlement agree- (2) The directors of the Corporation may poration any facilities necessary for the pro- ment entered into with the consent of the serve as incorporators of the private corpora- duction of highly enriched uranium but may, private corporation or under a judgment, if tion and shall take all steps necessary to es- subject to the requirements of the Atomic the settlement or judgment— tablish the private corporation, including Energy Act of 1954 (42 U.S.C. 2011 et seq.), (A) arises out of an obligation under a con- the filing of articles of incorporation con- grant the Corporations access to such facili- tract, agreement, or lease transferred under sistent with the provisions of this Act. ties for purposes other than the production subsection (a), and (3) Employees and officers of the Corpora- of highly enriched uranium. (B) arises out of actions of the private cor- tion (including members of the Board of Di- (d) DOE RESPONSIBILITY FOR PREEXISTING poration between the privatization date and rectors) acting in accordance with this sec- CONDITIONS.—The payment of any costs of the date of a termination, extension, or mation on behalf of the private corporation decontamination and decommissioning, re- terial amendment of such contract, agree- shall be deemed to be acting in their official sponse actions, or corrective actions with re- ment, or lease. capacities as employees or officers of the spect to conditions existing before July 1, (d) PRICING.—The Corporation may estab- Corporation for purposes of section 205 of 1993, at the gaseous diffusion plants shall re- lish prices for its products, materials, and title 18, United States Code. main the sole responsibility of the Sec- services provided to customers on a basis (b) STATUS OF THE PRIVATE CORPORATION.— retary. that will allow it to attain the normal busi- (1) The private corporation shall not be an (e) ENVIRONMENTAL AUDIT.—For purposes ness objectives of a profit making corpora- agency, instrumentality, or establishment of of subsection (d), the conditions existing be- tion. the United States, a Government corpora- fore July 1, 1993, at the gaseous diffusion SEC. 9. LIABILITIES. tion, or a Government-controlled corpora- plants shall be determined from the environ- (a) LIABILITY OF THE UNITED STATES.—(1) tion. (2) Except as otherwise provided by this mental audit conducted pursuant to section Except as otherwise provided in this Act, all Act, financial obligations of the private cor- 1403(e) of the Atomic Energy Act of 1954 (42 liabilities arising out of the operation of the poration shall not be obligations of, or guar- U.S.C. 2297c–2(e)). uranium enrichment enterprise before July anteed as to principal or interest by, the (f) TREATMENT UNDER PRICE-ANDERSON 1, 1993, shall remain the direct liabilities of Corporation or the United States, and the PROVISIONS.—Any lease executed between the Secretary. obligations shall so plainly state. the Secretary and the Corporation or the pri- (2) Except as provided in subsection (a)(3) (3) No action under section 1491 of title 28, vate corporation, and any extension or re- or otherwise provided in a memorandum of United States Code, shall be allowable newal thereof, under this section shall be agreement entered into by the Corporation against the United States based on actions of deemed to be a contract for purposes of sec- and the Office of Management and Budget the private corporation, tion 170d. of the Atomic Energy Act of 1954 prior to the privatization date, all liabilities (c) APPLICATION OF POST-GOVERNMENT EM- (42 U.S.C. 2210(d)). arising out of the operation of the Corpora- PLOYMENT RESTRICTIONS.—Beginning on the (g) WAIVER OF EIS REQUIREMENT.—The exe- tion between July 1, 1993, and the privatiza- privatization date, the restrictions stated in cution or transfer of the lease between the tion date shall remain the direct liabilities section 207, (a), (b), (c), and (d) of title 18, Secretary and the Corporation or the private of the United States. United States Code, shall not apply to the corporation, and any extension or renewal (3) All liabilities arising out of the disposal acts of an individual done in carrying out of- thereof, shall not be considered to be a major of depleted uranium generated by the Cor- ficial duties as a director, officer, or em- Federal action significantly affecting the poration between July 1, 1993, and the privat- ployee of the private corporation, if the indi- quality of the human environment for pur- ization date shall become the direct liabil- vidual was an officer or employee of the Cor- poses of section 102 of the National Environ- ities of the Secretary. poration (including a director) continuously mental Policy Act of 1969 (42 U.S.C. 4332). (4) Any stated or implied consent for the during the 45 days prior to the privatization SEC. 8. TRANSFER OF CONTRACTS. United States, or any agent or officer of the date. (a) TRANSFER OF CONTRACTS.—Concurrent United States, to be sued by any person for (d) DISSOLUTION.—In the event that the pri- with privatization, the Corporation shall any legal, equitable, or other relief with re- vatization does not occur, the Corporation transfer to the private corporation all con- spect to any claim arising from any action will provide for the dissolution of the private tracts, agreements, and leases, including all taken by any agent or officer of the United corporation within 1 year of the private cor- uranium enrichment contracts, that were— States in connection with the privatization poration’s incorporation unless the Sec- (1) transferred by the Secretary to the Cor- of the Corporation is hereby withdrawn. retary of the Treasury or his delegate, upon poration pursuant to section 1401(b) of the (5) To the extent that any claim against the Corporation’s request, agrees to delay Atomic Energy Act of 1954 (42 U.S.C. the United States under this section is of the any such dissolution for an additional year. 2297c(b)), or type otherwise required by Federal statute

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1873 or regulation to be presented to a Federal (A) offer employment to non-management (i) to retain the employee’s coverage under agency or official for adjudication or review, employees of the predecessor contractor to either CSRS or FERS, as applicable, in lieu such claim shall be presented to the Depart- the extent that their jobs still exist or they of coverage by the Corporation’s retirement ment of Energy in accordance with proce- are qualified for new jobs, and system, or dures to be established by the Secretary. (B) abide by the terms of the predecessor (ii) to receive a deferred annuity or lump- Nothing in this paragraph shall be construed contractor’s collective bargaining agreement sum benefit payable to a terminated em- to impose on the Department of Energy li- until the agreement expires or a new agree- ployee under CSRS or FERS, as applicable. ability to pay any claim presented pursuant ment is signed. (B) An employee that makes the election to this paragraph. (5) In the event of a plant closing or mass under subparagraph (A)(ii) shall have the op- (6) The Attorney General shall represent layoff (as such terms are defined in section tion to transfer the balance in the employ- the United States in any action seeking to 2101(a) (2) and (3) of title 29, United States ee’s Thrift Savings Plan account to a defined impose liability under this subsection. Code) at either of the gaseous diffusion contribution plan under the Corporation’s (b) LIABILITY OF THE CORPORATION.—Not- plants, the Secretary of Energy shall treat retirement system, consistent with applica- withstanding any provision of any agree- any adversely affected employee of an oper- ble law and the terms of the Corporation’s ment to which the Corporation is a party, ating contractor at either plant who was an defined contribution plan. the Corporation shall not be considered in employee at such plant on July 1, 1993, as a (2) The Corporation shall pay to the Civil breach, default, or violation of any agree- Department of Energy employee for purposes Service Retirement and Disability Fund— ment because of the transfer of such agree- of sections 3161 and 3162 of the National De- (A) such employee deductions and agency ment to the private corporation under sec- fense Authorization Act for Fiscal Year 1993 contributions as are required by sections tion 8 or any other action the Corporation is (42 U.S.C. 7274h–7274i). 8334, 8422, and 8423 of title 5, United States (6)(A) The Secretary and the private cor- required to take under this Act. Code, for those employees who elect to re- poration shall cause the post-retirement (c) LIABILITY OF THE PRIVATE CORPORA- tain their coverage under either CSRS or health benefits plan provider (or its suc- TION.—Except as provided in this Act, the FERS pursuant to paragraph (1); cessor) to continue to provide benefits for el- private corporation shall be liable for any li- (B) such additional agency contributions igible persons, as described under subpara- as are determined necessary by the Office of abilities arising out of its operations after graph (B), employed by an operating con- the privatization date. Personnel Management to pay, in combina- tractor at either of the gaseous diffusion tion with the sums under subparagraph (A), (d) LIABILITY OF OFFICERS AND DIREC- plants in an economically efficient manner TORS.—(1) No officer, director, employee, or the ‘‘normal cost’’ (determined using dy- and at substantially the same level of cov- namic assumptions) of retirement benefits agent of the Corporation shall be liable in erage as eligible retirees are entitled to re- any civil proceeding to any party in connec- for those employees who elect to retain their ceive on the privatization date. coverage under CSRS pursuant to paragraph tion with any action taken in connection (B) Persons eligible for coverage under sub- with the privatization if, with respect to the (1), with the concept of ‘‘normal cost’’ being paragraph (A) shall be limited to: used consistent with generally accepted ac- subject matter of the action, suit, or pro- (i) persons who retired from active employ- tuarial standards and principles; and ceeding, such person was acting within the ment at one of the gaseous diffusion plants (C) such additional amounts, not to exceed scope of his employment. on or before the privatization date as vested two percent of the amounts under subpara- (2) This subsection shall not apply to participants in a pension plan maintained ei- graphs (A) and (B) as are determined nec- claims arising under the Securities Act of ther by the Corporation’s operating con- essary by the Office of Personnel Manage- 1933 (15 U.S.C. 77a. et seq.), the Securities Ex- tractor or by a contractor employed prior to ment to pay the cost of administering retire- change Act of 1934 (15 U.S.C. 78a. et seq.), or July 1, 1993, by the Department of Energy to ment benefits for employees who retire from under the Constitution or laws of any State, operate a gaseous diffusion plant; and territory, or possession of the United States (ii) persons who are employed by the Cor- the Corporation after the privatization date relating to transactions in securities. poration’s operating contractor on or before under either CSRS or FERS, for their sur- the privatization date and are vested partici- vivors, and for survivors of employees of the SEC. 10. EMPLOYEE PROTECTIONS. Corporation who die after the privatization (a) CONTRACTOR EMPLOYEES.—(1) Privatiza- pants in a pension plan maintained either by the Corporation’s operating contractor or by date (which amounts shall be available to tion shall not diminish the accrued, vested the Office of Personnel Management as pro- pension benefits of employees of the Cor- a contractor employed prior to July 1, 1993, by the Department of Energy to operate a vided in section 8348(a)(1)(B) of title 5, poration’s operating contractor at the two United States Code). gaseous diffusion plants. gaseous diffusion plant. (C) The Secretary shall fund the entire (3) The Corporation shall pay to the Thrift (2) In the event that the private corpora- cost of post-retirement health benefits for Savings Fund such employee and agency tion terminates or changes the contractor at persons who retired from employment with contributions as are required by section 8432 either or both of the gaseous diffusion an operating contractor prior to July 1, 1993. of title 5, United States Code, for those em- plants, the plan sponsor or other appropriate (D) The Secretary and the Corporation ployees who elect to retain their coverage fiduciary of the pension plan covering em- shall fund the cost of post-retirement health under FERS pursuant to paragraph (1). ployees of the prior operating contractor benefits for persons who retire from employ- (4) Any employee of the Corporation who shall arrange for the transfer of all plan as- ment with an operating contractor on or was subject to the Federal Employee Health sets and liabilities relating to accrued pen- after July 1, 1993, in proportion to the retired Benefits Program (referred to in this section sion benefits of such plan’s participants and person’s years and months of service at a as ‘‘FEHBP’’) on the day immediately pre- beneficiaries from such plant to a pension gaseous diffusion plant under their respec- ceding the privatization date and who elects plan sponsored by the new contractor or the tive management. to retain coverage under either CSRS or private corporation or a joint labor-manage- (7)(A) Any suit under this subsection alleg- FERS pursuant to paragraph (1) shall have ment plan, as the case may be. ing a violation of an agreement between an the option to receive health benefits from a (3) In addition to any obligations arising employer and a labor organization shall be health benefit plan established by the Cor- under the National Labor Relations Act (29 brought in accordance with section 301 of the poration or to continue without interruption U.S.C. 151 et seq.), any employer (including Labor Management Relations Act (29 U.S.C. coverage under the FEHBP, in lieu of cov- the private corporation if it operates a gas- 185). erage by the Corporation’s health benefit eous diffusion plant without a contractor or (B) Any charge under this subsection alleg- system. any contractor of the private corporation) at ing an unfair labor practice violative of sec- (5) The Corporation shall pay to the Em- a gaseous diffusion plant shall— tion 8 of the National Labor Relations Act ployees Health Benefits Fund— (A) abide by the terms of any unexpired (29 U.S.C. 158) shall be pursued in accordance (A) such employee deductions and agency collective bargaining agreement covering with section 10 of the National Labor Rela- contributions as are required by section employees in bargaining units at the plant tions Act (29 U.S.C. 160). 8906(a)–(f) of title 5, United States Code, for and in effect on the privatization date until (C) Any suit alleging a violation of any those employees who elect to retain their the stated expiration or termination date of provision of this subsection, to the extent it coverage under FEHBP pursuant to para- the agreement; or does not allege a violation of the National graph (4); and (B) in the event a collective bargaining Labor Relations Act, may be brought in any (B) such amounts as are determined nec- agreement is not in effect upon the privat- district court of the United States having ju- essary by the Office of Personnel Manage- ization date, have the same bargaining obli- risdiction over the parties, without regard to ment under paragraph (6) to reimburse the gations under section 8(d) of the National the amount in controversy or the citizenship Office of Personnel Management for con- Labor Relations Act (29 U.S.C. 158(d)) as it of the parties. tributions under section 8906(g)(1) of title 5, had immediately before the privatization (b) FORMER FEDERAL EMPLOYEES.—(1)(A) United States Code, for those employees who date. An employee of the Corporation that was elect to retain their coverage under FEHBP (4) If the private corporation replaces its subject to either the Civil Service Retire- pursuant to paragraph (4). operating contractor at a gaseous diffusion ment System (referred to in this section as (6) The amounts required under paragraph plant, the new employer (including the new ‘‘CSRS’’) or the Federal Employees’ Retire- (5)(B) shall pay the Government contribu- contractor or the private corporation if it ment System (referred to in this section as tions for retired employees who retire from operates a gaseous diffusion plant without a ‘‘FERS’’) on the day immediately preceding the Corporation after the privatization date contractor) shall— the privatization date shall elect— under either CSRS or FERS, for survivors of

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1874 CONGRESSIONAL RECORD — SENATE March 12, 1996 such retired employees, and for survivors of (3) With respect to all enriched uranium ANNUAL MAXIMUM DELIVERIES TO END USERS—Continued employees of the Corporation who die after delivered to the United States Executive (millions lbs. U3O8 equivalent) the privatization date, with said amounts Agent under the Russian HEU Agreement on 1999 ...... 4 prorated to reflect only that portion of the or after January 1, 1997, the United States 2000 ...... 6 total service of such employees and retired Executive Agent shall, upon request of the 2001 ...... 8 persons that was performed for the Corpora- Russian Executive Agent, enter into an 2002 ...... 10 tion after the privatization date. agreement to deliver concurrently to the 2003 ...... 12 SEC. 11. OWNERSHIP LIMITATIONS. Russian Executive Agent an amount of ura- 2004 ...... 14 (a) SECURITIES LIMITATIONS.—No director, nium hexafluoride equivalent to the natural 2005 ...... 16 officer, or employee of the Corporation may uranium component of such uranium. An 2006 ...... 17 acquire any securities, or any rights to ac- agreement executed pursuant to a request of 2007 ...... 18 quire any securities of the private corpora- the Russian Executive Agent, as con- 2008 ...... 19 tion on terms more favorable than those of- templated in this paragraph, may pertain to 2009 and each year thereafter 20. any deliveries due during any period remain- fered to the general public— (6) Uranium hexafluoride delivered to the (1) in a public offering designed to transfer ing under the Russian HEU Agreement. The quantity of such uranium hexafluoride deliv- Russian Executive Agent under paragraph (3) ownership of the Corporation to private in- or auctioned pursuant to paragraph (4) may vestors, ered to the Russian Executive Agent shall be 235 be sold at any time as Russian-origin natural (2) pursuant to any agreement, arrange- based on a tails assay of 0.30 U . Title to uranium hexafluoride delivered to the Rus- uranium in a matched sale pursuant to the ment, or understanding entered into before Suspension Agreement, and in such case the privatization date, or sian Executive Agent pursuant to this paragraph shall transfer to the Russian Execu- shall not be counted against the annual max- (3) before the election of the directors of imum deliveries set forth in paragraph (5). the private corporation. tive Agent upon delivery of such material to the Russian Executive Agent, with such de- (7) Uranium hexafluoride delivered to the (b) OWNERSHIP LIMITATION.—Immediately livery to take place at a North American fa- Russian Executive Agent under paragraph (3) following the consummation of the trans- or auctioned pursuant to paragraph (4) may action or series of transactions pursuant to cility designated by the Russian Executive Agent. Uranium hexafluoride delivered to be sold at any time for use in the United which 100 percent of the ownership of the the Russian Executive Agent pursuant to States for the purpose of overfeeding in the Corporation is transferred to private inves- this paragraph shall be deemed under U.S. operations of enrichment facilities. tors, and for a period of three years there- law for all purposes to be of Russian origin. (8) Nothing in this subsection (b) shall re- after, no person may acquire, directly or in- Such uranium hexafluoride may be sold to strict the sale of the conversion component directly, beneficial ownership of securities any person or entity for delivery and use in of such uranium hexafluoride. representing more than 10 percent of the (9) The Secretary of Commerce shall have the United States only as permitted in sub- total votes of all outstanding voting securi- responsibility for the administration and en- sections (b)(5), (b)(6) and (b)(7) of this sec- ties of the Corporation. The foregoing limi- forcement of the limitations set forth in this tion. tation shall not apply to— (4) In the event that the Russian Executive subsection. The Secretary of Commerce may (1) any employee stock ownership plan of Agent does not exercise its right to enter require any person to provide any certifi- the Corporation, into an agreement to take deliver of the nat- cations, information, or take any action that (2) members of the underwriting syndicate ural uranium component of any low-enriched may be necessary to enforce these limita- purchasing shares in stabilization trans- uranium, as contemplated in paragraph (3), tions. The United States Customs Service actions in connection with the privatization, within 90 days of the date such low-enriched shall maintain and provide any information or uranium is delivered to the United States required by the Secretary of Commerce and (3) in the case of shares beneficially held in Executive Agent, or upon request of the Rus- shall take any action requested by the Sec- the ordinary course of business for others, sian Executive Agent, then the United retary of Commerce which is necessary for any commercial bank, broker-dealer, or States Executive Agent shall engage an inde- the administration and enforcement of the clearing agency. pendent entity through a competitive selec- uranium delivery limitations set forth in SEC. 12. URANIUM TRANSFERS AND SALES. tion process to auction an amount of ura- this section. (10) The President shall monitor the ac- (a) TRANSFERS AND SALES BY THE SEC- nium hexafluoride or U3O8 (in the event that RETARY.—The Secretary shall not provide en- the conversion component of such tions of the United States Executive Agent richment services or transfer or sell any ura- hexafluoride has previously been sold) equiv- under the Russian HEU Agreement and shall nium (including natural uranium con- alent to the natural uranium component of report to the Congress not later than Decem- centrates, natural uranium hexafluoride, or such low-enriched uranium. An agreement ber 31 of each year on the effect the low-en- enriched uranium in any form) to any person executed pursuant to a request of the Rus- riched uranium delivered under the Russian except as consistent with this section. sian Executive Agent, as contemplated in HEU Agreement is having on the domestic (b) RUSSIAN HEU.—(1) On or before Decem- this paragraph, may pertain to any deliv- uranium mining, conversion, and enrichment ber 31, 1996, the United States Executive eries due during any period remaining under industries, and the operation of the gaseous Agent under the Russian HEU Agreement the Russian HEU Agreement. Such inde- diffusion plants. Such report shall include a shall transfer to the Secretary without pendent entity shall sell such uranium description of actions taken or proposed to charge title to an amount of uranium hexafluoride in one or more lots to any per- be taken by the President to prevent or miti- hexafluoride equivalent to the natural ura- son or entity to maximize the proceeds from gate any material adverse impact on such in- nium component of low-enriched uranium such sales, for disposition consistent with dustries or any loss of employment at the derived from at least 18 metric tons of highly the limitations set forth in this subsection. gaseous diffusion plants as a result of the enriched uranium purchased from the Rus- The independent entity shall pay to the Rus- Russian HEU Agreement. RANSFERS TO THE CORPORATION.—(1) sian Executive Agent under the Russian sian Executive Agent the proceeds of any (c) T The Secretary shall transfer to the Corpora- HEW Agreement. The quantity of such ura- such auction less all reasonable transaction tion without charge up to 50 metric tons of nium hexafluoride delivered to the Secretary and other administrative costs. The quantity enriched uranium and up to 7,000 metric tons shall be based on a tails assay of 0.30 U235. of such uranium hexafluoride auctioned shall Uranium hexafluoride transferred to the Sec- be based on a tails assay of 0.30 U235. Title to of natural uranium from the Department of retary pursuant to this paragraph shall be uranium hexafluoride auctioned pursuant to Energy’s stockpile, subject to the restric- deemed under United States law for all pur- this paragraph shall transfer to the buyer of tions in subsection (c)(2). (2) The Corporation shall not deliver for poses to be of Russian origin. such material upon delivery of such material to the buyer. Uranium hexafluoride auc- commercial end use in the United States— (2) Within 7 years of the date of enactment (A) any of the uranium transferred under of this Act, the Secretary shall sell, and re- tioned pursuant to this paragraph shall be deemed under United States law for all pur- this subsection before January 1, 1998; ceive payment for, the uranium hexafluoride (B) more than 10 percent of the uranium poses to be of Russian origin. transferred to the Secretary pursuant to (by uranium hexafluoride equivalent con- paragraph (1). Such uranium hexafluoride (5) Except as provided in paragraphs (6) and (7), uranium hexafluoride delivered to the tent) transferred under this subsection or shall be sold— more than 4,000,000 pounds, whichever is less, (A) at any time for use in the United Russian Executive Agent under paragraph (3) or auctioned pursuant to paragraph (4), may in any calendar year after 1997; or States for the purpose of overfeeding; (C) more than 800,000 separative work units not be delivered for consumption by end (B) at any time for end use outside the contained in low-enriched uranium trans- users in the United States either directly or United States; ferred under this subsection in any calendar indirectly prior to January 1, 1998, and there- (C) in 1995 and 1996 to the Russian Execu- year. after only in accordance with the following tive Agent at the purchase price for use in (d) INVENTORY SALES.—(1) In addition to schedule: matched sales pursuant to the Suspension the transfers authorized under subsections Agreement; or, ANNUAL MAXIMUM DELIVERIES TO END USERS (c) and (e), the Secretary may, from time to (D) in calendar year 2001 for consumption time, sell natural and low-enriched uranium by end users in the United States not prior (millions lbs. U3O8 equivalent) (including low-enriched uranium derived to January 1, 2002, in volumes not to exceed Year: from highly enriched uranium) from the De- 3,000,000 pounds U3O8 equivalent per year. 1998 ...... 2 partment of Energy’s stockpile.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1875 (2) Except as provided in subsections (b), formation owned or controlled by the Gov- 2297–2297e–7) are repealed as of the privatiza- (c), and (e), no sale or transfer of natural or ernment, upon completion of a royalty tion date. low-enriched uranium shall be made unless— agreement with the Secretary. (2) The table of contents of such Act is (A) the President determines that the ma- (b) TRANSFER OF RELATED PROPERTY TO amended as of the privatization date by terial is not necessary for national security CORPORATION.— striking the items referring to sections re- needs, (1) IN GENERAL.—To the extend requested pealed by paragraph (1). (B) the Secretary determines that the sale by the Corporation and subject to the re- (b) NRC LICENSING.—(1) Section 11v. of the of the material will not have an adverse ma- quirement of the Atomic Energy Act of 1954 Atomic Energy Act of 1954 (42 U.S.C. 2014v.) terial impact on the domestic uranium min- (42 U.S.C. 2011, et seq.), the President shall is amended by striking ‘‘or the construction ing, conversion, or enrichment industry, tak- transfer without charge to the Corporation and operation of a uranium enrichment facil- ing into account the sales of uranium under all of the right, title, or interest in and to ity using Atomic Vapor Laser Isotope Sepa- the Russian HEU Agreement and the Suspen- property owned by the United States under ration technology’’. sion Agreement, and control or custody of the Secretary that is (2) Section 193 of the Atomic Energy Act of (C) the price paid to the Secretary will not directly related to and materially useful in 1954 (42 U.S.C. 2243) is amended by adding at the performance of the Corporation’s pur- be less than the fair market value of the ma- the end the following: poses regarding AVLIS and alternative tech- terial. ‘‘(f) LIMITATION.—No license or certificate nologies for uranium enrichment, includ- (e) GOVERNMENT TRANSFERS.—Notwith- of compliance may be issued to the United ing— States Enrichment Corporation or its suc- standing subsection (d)(2), the Secretary (A) facilities, equipment, and materials for may transfer or sell enriched uranium— cessor under this section or sections 53, 63, or research, development, and demonstration 1701, if the Commission determines that— (1) to a Federal agency if the material is activities; and transferred for the use of the receiving agen- ‘‘(1) the Corporation is owned, controlled, (B) all other facilities, equipment, mate- or dominated by an alien, a foreign corpora- cy without any resale or transfer to another rials, processes, patents, technical informa- entity and the material does not meet com- tion, or a foreign government; or tion of any kind, contracts, agreements, and ‘‘(2) the issuance of such a license or cer- mercial specifications; leases. (2) to any person for national security pur- tificate of compliance would be inimical to— (2) EXCEPTION.—Facilities, real estate, im- ‘‘(A) the common defense and security of poses, as determined by the Secretary; or provements, and equipment related to the the United States; or (3) to any State or local agency or non- gaseous diffusion, and gas centrifuge, ura- ‘‘(B) the maintenance of a reliable and eco- profit, charitable, or educational institution nium enrichment programs of the Secretary nomical domestic source of enrichment serv- for use other than the generation of elec- shall not transfer under paragraph (1)(B) ices.’’. tricity for commercial use. (3) EXPIRATION OF TRANSFER AUTHORITY.— (3) Section 1701(c)(2) of the Atomic Energy The President’s authority to transfer prop- (f) SAVINGS PROVISION.—Nothing in this Act of 1954 (42 U.S.C. 2297f(c)(2)) is amended erty under this subjection shall expire upon Act shall be read to modify the terms of the to read as follows: the privatization date. Russian HEU Agreement. ‘‘(2) PERIODIC APPLICATION FOR CERTIFICATE (c) LIABILITY FOR PATENT AND RELATED SEC. 13. LOW-LEVEL WASTE. OF COMPLIANCE.—The Corporation shall apply CLAIMS.—With respect to any right, title, or (a) RESPONSIBILITY OF DOE.—(1) The Sec- interest provided to the Corporation under to the Nuclear Regulatory Commission for a retary, at the request of the generator, shall subsection (a) or (b), the Corporation shall certificate of compliance under paragraph (1) accept for disposal low-level radioactive have sole liability for any payments made or periodically, as determined by the Commis- waste, including depleted uranium if it were awards under section 157 b. (3) of the Atomic sion, but not less than every 5 years. The ultimately determined to be low-level radio- Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or Commission shall review any such applica- active waste, generated by— any settlements or judgments involving tion and any determination made under sub- (A) The Corporation as a result of the oper- claims for alleged patent infringement. Any section (b)(2) shall be based on the results of ations of the gaseous diffusion plants or as a royalty agreement under subsection (a) of any such review.’’ result of the treatment of such wastes at a this section shall provide for a reduction of (4) Section 1702(a) of the Atomic Energy location other than the gaseous diffusion royalty payments to the Secretary to offset Act of 1954 (42 U.S.C. 2297f–1(a)) is amended— plants, or any payments, awards, settlements, or judg- (1) by striking ‘‘other than’’ and inserting (B) any person licensed by the Nuclear ments under this subsection. ‘‘including’’, and (2) by striking ‘‘sections 53 and 63’’ and in- Regulatory Commission to operate a ura- SEC. 15. APPLICATION OF CERTAIN LAWS. nium enrichment facility under sections 53, (a) OSHA.—(1) As of the privatization date, serting ‘‘sections 53, 63, and 193’’. (c) JUDICIAL REVIEW OF NRC ACTIONS.—Sec- 63, and 193 of the Atomic Energy Act of 1954 the private corporation shall be subject to tion 189b. of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2093, and 2243). and comply with the Occupational Safety (2) Except as provided in paragraph (3), the and Health Act of 1970 (29 U.S.C. 651 et seq.). (42 U.S.C. 2239(b)) is amended to read as fol- generator shall reimburse the Secretary for (2) The Nuclear Regulatory Commission lows: the disposal of low-level radioactive waste and the Occupational Safety and Health Ad- ‘‘b. The following Commission actions pursuant to paragraph (1) in an amount ministration shall, within 90 days after the shall be subject to judicial review in the equal to the Secretary’s costs, including a date of enactment of this Act, enter into a manner prescribed in chapter 158 of title 28, pro rata share of any capital costs, but in no memorandum of agreement to govern the ex- United States Code, and chapter 7 of title 5, event more than an amount equal to that ercise of their authority over occupational United States Code: which would be charged by commercial, safety and health hazards at the gaseous dif- ‘‘(1) Any final order entered in any pro- State, regional, or interstate compact enti- fusion plants, including inspection, inves- ceeding of the kind specified in subsection ties for disposal of such waste. tigation, enforcement, and rulemaking relat- (a). (3) In the event depleted uranium were uling to such hazards. ‘‘(2) Any final order allowing or prohibiting timately determined to be low-level radio- (b) ANTITRUST LAWS.—For purposes of the a facility to begin operating under a com- active waste, the generator shall reimburse antitrust laws, the performance by the pri- bined construction and operating license. ‘‘(3) Any final order establishing by regula- the Secretary for the disposal of depleted vate corporation of a ‘‘matched import’’ con- tion standards to govern the Department of uranium pursuant to paragraph (1) in an tract under the Suspension Agreement shall Energy’s gaseous diffusion uranium enrich- amount equal to the Secretary’s costs, in- be considered to have occurred prior to the ment plants, including any such facilities cluding a pro rata share of any capital costs. privatization date, if at the time of privat- leased to a corporation established under the (b) AGREEMENTS WITH OTHER PERSONS.— ization, such contract had been agreed to by USEC Privatization Act. The generator may also enter into agree- the parties in all material terms and con- ‘‘(4) Any final determination under section ments for the disposal of low-level radio- firmed by the Secretary of Commerce under 1701(c) relating to whether the gaseous diffu- active waste subject to subsection (a) with the Suspension Agreement. (c) ENERGY REORGANIZATION ACT REQUIRE- sion plants, including any such facilities any person other than the Secretary that is MENTS.—(1) The private corporation and its leased to a corporation established under the authorized by applicable laws and regula- contractors and subcontractors shall be sub- USEC Privatization Act, are in compliance tions to dispose of such wastes. ject to the provisions of section 211 of the with the Commission’s standards governing (c) STATE OR INTERSTATE COMPACTS.—Not- Energy Reorganization Act of 1974 (42 U.S.C. the gaseous diffusion plants and all applica- withstanding any other provision of law, no 5851) to the same extent as an employer sub- ble laws.’’. State or interstate compact shall be liable ject to such section. (d) CIVIL PENALTIES.—Section 234a. of the for the treatment, storage, or disposal of any (2) With respect to the operation of the fa- Atomic Energy Act of 1954 (42 U.S.C. 2282(a) low-level radioactive waste (including mixed cilities leased by the private corporation, is amended by— waste) attributable to the operation, decon- section 206 of the Energy Reorganization Act (1) striking ‘‘any licensing provision of sec- tamination, and decommissioning of any of 1974 (42 U.S.C. 5846) shall apply to the dition 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or uranium enrichment facility. rectors and officers of the private corpora- 109’’ and inserting: ‘‘any licensing or certifi- SEC. 14. AVLIS. tion. cation provision of section 53, 57, 62, 63, 81, (a) EXCLUSIVE RIGHT TO COMMERCIALIZE.— SEC. 16. AMENDMENTS TO THE ATOMIC ENERGY 82, 101, 103, 104, 107, 109, or 1701’’; and The Corporation shall have the exclusive ACT. (2) by striking ‘‘any license issued there- commercial right to deploy and use any (a) REPEAL.—(1) Chapters 22 through 26 of under’’ and inserting: ‘‘any lease or certifi- AVLIS patents, processes, and technical in- the Atomic Energy Act of 1954 (42 U.S.C. cation issued thereunder’’.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1876 CONGRESSIONAL RECORD — SENATE March 12, 1996

(e) REFERENCES TO THE CORPORATION.—Fol- Under the heading, ‘‘EDUCATION RESEARCH, by the Secretary of Education under title IV lowing the privatization date, all references STATISTICS, AND IMPROVEMENT’’, of the of the Higher Education Act of 1965, as in the Atomic Energy Act of 1954 to the amounts made available in title I an addi- amended, shall not be subject to offset under United States Enrichment Corporation shall tional $23,000,000 shall be for part A of title this subsection. be deemed to be references to the private III of the Elementary and Secondary Edu- ‘‘(2) Neither the disbursing official nor the corporation. cation Act of 1965, as amended. payment certifying agency shall be liable— SEC. 17. AMENDMENTS TO OTHER LAWS. DEPARTMENTS OF VETERANS AFFAIRS ‘‘(A) for the amount of the offset on the (a) DEFINITION OF GOVERNMENT CORPORA- AND HOUSING AND URBAN DEVELOP- basis that the underlying obligation, rep- TION.—As of the privatization date, section MENT, AND INDEPENDENT AGENCIES resented by the payment before the offset 9101(3) of title 31, United States Code, is ENVIRONMENTAL PROTECTION AGEN- was taken, was not satisfied; or amended by striking subparagraph (N) as CY ‘‘(B) for failure to provide timely notice under paragraph (8). added by section 902(b) of Public Law 102–486. SCIENCE AND TECHNOLOGY (b) DEFINITION OF THE CORPORATION.—Sec- ‘‘(3)(A) Notwithstanding any other provi- In addition to funds provided elsewhere in tion 1018 (1) of the Energy Policy Act of 1992 sion of law (including sections 207 and this Act, $31,000,000, to remain available (42 U.S.C. 2296b-7(1) is amended by inserting 1631(d)(1) of the Act of August 14, 1935 (42 until September 30, 1997. ‘‘or its successor’’ before the period. U.S.C. 407 and 1383(d)(1)), section 413(b) of SUBPART B—STRATEGIC PETROLEUM RESERVE ENVIRONMENTAL PROGRAMS AND MANAGEMENT Public Law 91–173 (30 U.S.C. 923(b)), and sec- SEC. 431. SALE OF WEEKS ISLAND OIL. In addition to funds provided elsewhere in tion 14 of the Act of August 29, 1935 (45 U.S.C. Notwithstanding section 161 of the Energy this Act, $31,000,000, to remain available 231m)), all payments due under the Social Policy and Conservation Act (42 U.S.C. 6241), until September 30, 1997. Security Act, Part B of the Black Lung Ben- the Secretary of Energy shall draw down and CHAPTER 2—OFFSET FOR TECHNOLOGY efits Act, or under any law administered by sell in fiscal year 1996, $292,000,000 worth of PROGRAMS the Railroad Retirement Board shall be sub- oil formerly contained in the Weeks Island SEC. 5101. SHORT TITLE. ject to offset under this section. Strategic Petroleum Reserve. This chapter may be cited as the ‘‘Debt ‘‘(B) An amount of $10,000 which a debtor Collection Improvement Act of 1996’’. may receive under Federal benefit programs cited under subparagraph (A) within a 12- HOLLINGS (AND OTHERS) SEC. 5102. EFFECTIVE DATE. month period shall be exempt from offset Except as otherwise provided in this chap- AMENDMENT NO. 3474 under this subsection. In applying the $10,000 ter, the provisions of this chapter and the exemption, the disbursing official shall— Mr. HOLLINGS (for himself, Mr. amendments made by this chapter shall be- ‘‘(i) apply a prorated amount of the exemp- DASCHLE, Mr. KERRY, Mr. LIEBERMAN, come effective October 1, 1996. Mr. BINGAMAN, Mr. LEAHY, Mr. ROCKE- tion to each periodic benefit payment to be PART I—GENERAL DEBT COLLECTION made to the debtor during the applicable 12- FELLER, and Mr. KERREY) proposed an INITIATIVES month period; and amendment to amendment No. 3466 Subpart A—General Offset Authority ‘‘(ii) consider all benefit payments made proposed by Mr. HATFIELD to the bill SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE during the applicable 12-month period which H.R. 3019, supra; as follows: OFFSET AUTHORITY. are exempt from offset under this subsection On page 781 of the Committee amendment, (a) Section 3701(c) of title 31, United States as part of the $10,000 exemption. strike lines 5 and 6, and insert in lieu thereof Code, is amended to read as follows: For purposes of the preceding sentence, the the following: ‘‘(c) In sections 3716 and 3717 of this title, amount of a periodic benefit payment shall This title may be cited as the ‘‘Contin- the term ‘person’ does not include an agency be the amount after any reduction or deduc- gency Appropriations Act, 1996’’. of the United States Government, or of a tion required under the laws authoring the TITLE V—TECHNOLOGY INITIATIVES unit of general local government.’’. program under which such payment is au- CHAPTER 1—RESTORATIONS FOR (b) Section 3716 of title 31, United States thorized to be made (including any reduction PRIORITY TECHNOLOGY PROGRAMS Code, is amended— or deduction to recover any overpayment (1) by amending subsection (b) to read as DEPARTMENTS OF COMMERCE, JUSTICE, under such program). follows: STATE, THE JUDICIARY, AND RELATED ‘‘(C) The Secretary of the Treasury shall ‘‘(b) Before collecting a claim by adminis- AGENCIES exempt means-tested programs when noti- trative offset, the head of an executive, leg- fied by the head of the respective agency. DEPARTMENT OF COMMERCE islative, or judicial agency must either— The Secretary may exempt other payments NATIONAL INSTITUTE OF STANDARDS AND ‘‘(1) adopt regulations on collecting by ad- from offset under this subsection upon the TECHNOLOGY ministrative offset promulgated by the De- written request of the head of a payment cer- INDUSTRIAL TECHNOLOGY SERVICES partment of Justice, the General Accounting Office and/or the Department of the Treasury tifying agency. A written request for exemp- In addition to funds provided elsewhere in tion of other payments must provide jus- this Act, $300,000,000, to remain available without change; or ‘‘(2) prescribe independent regulations on tification for the exemption under the stand- until expended, for continuation grants and ards prescribed by the Secretary. Such new program competitions under the Ad- collecting by administrative offset consistent with the regulations promulgated standards shall give due consideration to vanced Technology Program: Provided, That whether offset would tend to interfere sub- notwithstanding any other provision of this under paragraph (1).’’; (2) by amending subsection (c)(2) to read as stantially with or defeat the purposes of the Act, any unobligated balances from carry- payment certifying agency’s program. over balances of current and prior year ap- follows: ‘‘(2) when a statute explicitly prohibits ‘‘(D) The provisions of sections 205(b)(1) propriations under the Advanced Technology using administrative ‘offset’ or ‘setoff’ to and 1631(c)(1) of the Social Security Act shall Program may be used for continuation collect the claim or type of claim involved.’’; not apply to any offset executed pursuant to grants and new program competitions. (3) by redesignating subsection (c) as sub- this section against benefits authorized by NATIONAL TELECOMMUNICATIONS AND section (d); and either title II or title XVI of the Social Secu- INFORMATION ADMINISTRATION (4) by inserting after subsection (b) the fol- rity Act. INFORMATION INFRASTRUCTURE GRANTS lowing new subsection: ‘‘(4) The Secretary of the Treasury is au- In addition to funds provided elsewhere in ‘‘(c)(1)(A) Except as provided in subpara- thorized to charge a fee sufficient to cover this Act, $32,000,000, to remain available graph (B) or (C), a disbursing official of the the full cost of implementing this sub- until expended, for increasing the number of Department of the Treasury, the Department section. The fee may be collected either by grants promoting the development of the na- of Defense, the United States Postal Service, the retention of a portion of amounts col- tional telecommunications and information or any disbursing official of the United lected pursuant to this subsection, or by bill- infrastructure. States designated by the Secretary of the ing the agency referring or transferring the TECHNOLOGY ADMINISTRATION Treasury, is authorized to offset the amount claim. Fees charged to the agencies shall be of a payment which a payment certifying based only on actual offsets completed. Fees SALARIES AND EXPENSES agency has certified to the disbursing offi- charged under this subsection concerning de- In addition to funds provided elsewhere in cial for disbursement by an amount equal to linquent claims may be considered as costs this Act, $4,500,000, to remain available until the amount of a claim which a creditor agen- pursuant to section 3717(e) of this title. Fees September 30, 1997, of which $2,500,000 shall cy has certified to the Secretary of the charged under this subsection shall be depos- be for grants to be awarded by the United Treasury pursuant to his subsection. ited into the ‘Account’ determined by the States Israel Science and Technology Com- ‘‘(B) An agency that designates disbursing Secretary of the Treasury in accordance mission. officials pursuant to section 3321(c) of this with section 3711(g) of this title, and shall be DEPARTMENTS OF LABOR, HEALTH AND title is not required to certify claims arising collected and accounted for in accordance HUMAN SERVICES, AND EDUCATION, out of its operations to the Secretary of the with the provisions of that section. AND RELATED AGENCIES Treasury before such agency’s disbursing of- ‘‘(5) The Secretary of the Treasury may In addition to the amounts provided in ficials offset such claims. disclose to a creditor agency the current ad- Title I of this Act for the Department of ‘‘(C) Payments certified by the Department dress of any payee and any data related to Education: of Education under a program administered certifying and authorizing such payment in

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1877 accordance with section 552a of title 5, ‘‘(f) Regulations prescribed by the Clerk of or administrative errors or delays in proc- United States Code, even when the payment the House of Representatives pursuant to essing pay documents that have occurred has been exempt from offset. Where pay- section 3716 of title 31, United States Code, within the four pay periods preceding the ad- ments are made electronically, the Sec- shall not become effective until they are ap- justment and to any adjustment that retary is authorized to obtain the current proved by the Committee on Rules of the amounts to $50 or less, provided that at the address of the debtor/payee from the institu- House of Representatives.’’. time of such adjustment, or as soon there- tion receiving the payment. Upon request by SEC. 5203. EXEMPTION FROM COMPUTER MATCH- after as practical, the individual is provided the Secretary, the institution receiving the ING REQUIREMENTS UNDER THE written notice of the nature and the amount payment shall report the current address of PRIVACY ACT OF 1974. of the adjustment and a point of contact for the debtor/payee to the Secretary. Section 552a(a) of title 5, United States contesting such adjustment.’’; and ‘‘(6) The Secretary of the Treasury is au- Code, is amended in paragraph (8)(B)— (D) by amending paragraph (5)(B) (as redes- thorized to prescribe such rules, regulations, (1) by striking ‘‘or’’ at the end of clause ignated) to read as follows: and procedures as the Secretary of the (vi); ‘‘(B) For purposes of this section ‘agency’ Treasury deems necessary to carry out the (2) by inserting ‘‘or’’ at the end of clause includes executive departments and agen- purposes of this subsection. The Secretary (vii); and cies, the United States Postal Service, the shall consult with the heads of affected agen- (3) by adding after clause (vii) the fol- Postal Rate Commission, the United States cies in the development of such rules, regula- lowing new clause: Senate, the United States House of Rep- tions, and procedures. ‘‘(viii) matches for administrative offset or resentatives, and any court, court adminis- ‘‘(7)(A) Any Federal agency that is owed by claims collection pursuant to subsection trative office, or instrumentality in the judi- a named person a past-due legally enforce- 3716(c) of title 31, section 5514 of this title, or cial or legislative branches of government, able non-tax debt that is over 180 days delin- any other payment intercept or offset pro- and government corporations.’’; quent (other than any past-due support), in- gram authorized by statute;’’. (2) by adding at the end of subsection (b) cluding non-tax debt administered by a third SEC. 5204. TECHNICAL AND CONFORMING the following new paragraphs: party acting as an agent for the Federal Gov- AMENDMENTS. ‘‘(3) For purposes of this section, the Clerk ernment, shall notify the Secretary of the (a) Title 31, United States Code, is amend- of the House of Representatives shall be Treasury of all such non-tax debts for pur- ed— deemed to be the head of the agency. Regula- poses of offset under this subsection. (1) in section 3322(a), by inserting ‘‘section tions prescribed by the Clerk of the House of ‘‘(B) An agency may delay notification 3716 and section 3702A of this title, section Representatives pursuant to subsection (b)(1) under subparagraph (A) with respect to a 6331 of title 26, and’’ after ‘‘Except as pro- shall be subject to the approval of the Com- debt that is secured by bond or other instru- vided in’’; mittee on Rules of the House of Representa- ments in lieu of bond, or for which there is (2) in section 3325(a)(3), by inserting ‘‘or tives. another specific repayment source, in order pursuant to payment intercepts or offsets ‘‘(4) For purposes of this section, the Sec- to allow sufficient time to either collect the pursuant to section 3716 or 3720A, or pursu- retary of the Senate shall be deemed to be debt through normal collection processes ant to levies executed under section 6331 of the head of the agency. Regulations pre- (including collection by internal administra- the Internal Revenue Code of 1986 (26 U.S.C. scribed by the Secretary of the Senate pursu- tive offset) or render a final decision on any 6331),’’ after ‘‘voucher’’; and ant to subsection (b)(1) shall be subject to protest filed against the claim. (3) in sections 3711, 3716, 3717, and 3718, by the approval of the Committee on Rules and ‘‘(8) The disbursing official conducting the striking ‘‘the head of an executive or legisla- Administration of the Senate.’’; and offset shall notify the payee in writing of— tive agency’’ each place it appears and in- (3) by adding after subsection (c) the fol- ‘‘(A) the occurrence of an offset to satisfy serting instead ‘‘the head of an executive, ju- lowing new subsection: a past-due legally enforceable debt, includ- dicial, or legislative agency’’. ‘‘(d) A levy pursuant to the Internal Rev- ing a description of the type and amount of (b) Subsection 6103(l)(10) of title 26, United enue Code of 1986 shall take precedence over the payment otherwise payable to the debtor States Code, is amended— requests for offset received from other agen- against which the offset was executed; (1) in subparagraph (A), by inserting ‘‘and cies.’’. ‘‘(B) the identity of the creditor agency re- to officers and employees of the Department Subpart C—Taxpayer Identifying Numbers questing the offset; and of the Treasury in connection with such re- SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING ‘‘(C) a contact point within the creditor duction’’ adding after ‘‘6402’’; and NUMBERS; BARRING DELINQUENT agency that will handle concerns regarding (2) in subparagraph (B), by adding ‘‘and to DEBTORS FROM CREDIT ASSIST- the offset.’’. officers and employees of the Department of ANCE. Where the payment to be offset is a periodic the Treasury in connection with such reduc- Section 4 of the Debt Collection Act of 1982 benefit payment, the disbursing official shall tion’’ after ‘‘agency’’. (Public Law 97–365, 96 Stat. 1749, 26 U.S.C. take reasonable steps, as determined by the Subpart B—Salary Offset Authority 6103 note) is amended— (1) in subsection (b), by striking ‘‘For pur- Secretary of the Treasury, to provide the no- SEC. 5521. ENHANCEMENT OF SALARY OFFSET poses of this section’’ and inserting instead tice to the payee not later than the date on AUTHORITY. ‘‘For purposes of subsection (a)’’; and which the payee is otherwise scheduled to re- Section 5514 of title 5, United States Code, (2) by adding at the end thereof the fol- ceive the payment, or as soon as practicable is amended— lowing new subsections: thereafter, but no later than the date of the (1) in subsection (a)— ‘‘(c) FEDERAL AGENCIES.—Each Federal offset. Notwithstanding the preceding sen- (A) by adding at the end of paragraph (1) agency shall require each person doing busi- tence, the failure of the debtor to receive the following: ‘‘All Federal agencies to which ness with that agency to furnish to that such notice shall not impair the legality of debts are owed and are delinquent in repay- agency such person’s taxpayer identifying such offset. ment, shall participate in computer match number. ‘‘(9) A levy pursuant to the Internal Rev- at least annually of their delinquent debt ‘‘(1) For purposes of this subsection, a per- enue Code of 1986 shall take precedence over records with records of Federal employees to son is considered to be ‘doing business’ with requests for offset received from other agen- identify those employees who are delinquent a Federal agency if the person is— cies.’’. in repayment of those debts. Matched Fed- ‘‘(A) a lender or servicer in a Federal guar- (c) Section 3701(a) of title 31, United States eral employee records shall include, but anteed or insured loan program; Code, is amended by adding at the end the shall not be limited to, active Civil Service ‘‘(B) an applicant for, or recipient of— following new paragraph: employees government wide, military active ‘‘(i) a Federal guaranteed, insured, or di- ‘‘(8) ‘non-tax claim’ means any claim from duty personnel, military reservists, United rect loan; or any agency of the Federal Government other States Postal Service employees, and records ‘‘(ii) a Federal license, permit, right-of- than a claim by the Internal Revenue Serv- of seasonal and temporary employees. The way, grant, benefit payment or insurance; ice under the Internal Revenue Code of Secretary of the Treasury shall establish and ‘‘(C) a contractor of the agency; 1986.’’. maintain an interagency consortium to im- ‘‘(D) assessed a fine, fee, royalty, or pen- SEC. 5202. HOUSE OF REPRESENTATIVES AS LEG- plement centralized salary offset computer alty by that agency; ISLATION AGENCY. matching, and promulgate regulations for ‘‘(E) in a relationship with a Federal agen- (a) Section 3701 of title 31, United States this program. Agencies that perform central- cy that may give rise to a receivable due to Code, is amended by adding at the end the ized salary offset computer matching serv- that agency, such as a partner of a borrower following new subsections: ices under this subsection are authorized to in or a guarantor of a Federal direct or in- ‘‘(e) For purposes of subchapters I and II of charge a fee sufficient to cover the full cost sured loan; and chapter 37 of title 31, United States Code (re- for such services.’’; ‘‘(F) is a joint holder of any account to lating to claims of or against United States (b) by redesignating paragraphs (3) and (4) which Federal benefit payments are trans- Government), the United States House of as paragraphs (4) and (5), respectively; ferred electronically. Representatives shall be considered to be a (C) by inserting after paragraph (2) the fol- ‘‘(2) Each agency shall disclose to the per- legislative agency (as defined in section lowing new paragraph: son required to furnish a taxpayer identi- 3701(a)(4) of such title), and the Clerk of the ‘‘(3) The provisions of paragraph (2) shall fying number under this subsection its in- House of Representatives shall be deemed to not apply to routine intra-agency adjust- tent to use such number for purposes of col- be the head of such legislative agency. ments of pay that are attributable to clerical lecting and reporting on any delinquent

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1878 CONGRESSIONAL RECORD — SENATE March 12, 1996 amounts arising out of such person’s rela- ment, including government corporations.’’; referring the non-tax claim shall be charged tionship with the government. and the fee, and the agency charging the fee shall ‘‘(3) For purposes of this subsection: (B) by inserting after subsection (c) the fol- collect such fee by retaining the amount of ‘‘(A) The term ‘taxpayer identifying num- lowing new subsection: the fee from amounts collected pursuant to ber’ has the meaning given such term in sec- ‘‘(d) Sections 3711(f) and 3716–3719 of this this subsection. Agencies may agree to pay tion 6109 of title 26, United States Code. title do not apply to a claim or debt under, through a different method, or to fund the ‘‘(B) The term ‘person’ means an indi- or to an amount payable under, the Internal activity from another account or from rev- vidual, sole proprietorship, partnership, cor- Revenue Code of 1986.’’; enue received from Section 701. Amounts poration, nonprofit organization, or any (2) by amending section 3711(f) to read as charged under this subsection concerning de- other form of business association, but with follows: linquent claims may be considered as costs the exception of debtors owing claims result- ‘‘(f)(1) When trying to collect a claim of pursuant to section 3717(e) of this title. ing from petroleum pricing violations does the Government, the head of an executive or ‘‘(4) Notwithstanding any other law con- not include debtors under third party claims legislative agency may disclose to a concerning the depositing and collection of Fed- of the United States. sumer reporting agency information from a eral payments, including section 3302(b) of ‘‘(d) ACCESS TO SOCIAL SECURITY NUM- system of records and an individual is re- this title, agencies collecting fees may re- BERS.—Notwithstanding section 552a of title sponsible for a claim of notice required by tain the fees from amounts collected. Any 5, United States Code, creditor agencies to section 552a(e)(4) of title 5, United States fee charged pursuant to this subsection shall which a delinquent claim is owed, and their Code, indicates that information in the sys- be deposited into an account to be deter- agents, may match their debtor records with tem may be disclosed to a consumer report- mined by the executive department or agen- the Social Security Administration records ing agency. cy operating the debt collection center to verify name, name control, Social Secu- ‘‘(2) The information disclosed to a con- charging the fee (hereafter referred to in this rity number, address, and date of birth.’’. sumer reporting agency shall be limited to— section as the ‘Account’). Amounts deposited SEC. 5232. BARRING DELINQUENT FEDERAL ‘‘(A) information necessary to establish in the Account shall be available until ex- DEBTORS FROM OBTAINING FED- the identity of the individual, including pended to cover costs associated with the im- ERAL LOANS OR LOAN GUARANTEES. name, address and taxpayer identifying num- plementation and operation of government- (a) Title 31, United States Code, is amend- ber; wide debt collection activities. Costs prop- ed by adding after section 3720A the fol- ‘‘(B) the amount, status, and history of the erly chargeable to the Account include, but lowing new section: claim; and are not limited to— ‘‘§ 3720B. Barring delinquent Federal debtors from ‘‘(C) the agency or program under which ‘‘(A) the costs of computer hardware and obtaining Federal loans or loan guaran- the claim arose.’’; and software, word processing and telecommuni- tees (3) in section 3718— cations equipment, other equipment, sup- ‘‘(a) Unless waived by the head of the agen- (A) in subsection (a), by striking the first plies, and furniture; cy, no person may obtain any Federal finan- sentence and inserting instead the following: ‘‘(B) personnel training and travel costs; cial assistance in the form of a loan or a loan ‘‘Under conditions the head of an executive, ‘‘(C) other personnel and administrative guarantee if such person has an outstanding legislative or judicial agency considers ap- costs; ‘‘(D) the costs of any contract for identi- Federal non-tax debt which is in a delin- propriate, the head of an agency may make fication, billing, or collection services; and quent status, as determined under the stand- a contract with a person for collection serv- ards prescribed by the Secretary of the ‘‘(E) reasonable costs incurred by the Sec- ice to recover indebtedness owed, or to lo- retary of the Treasury, including but not Treasury, with a Federal agency. Any such cate or recover assets of, the United States person may obtain additional Federal finan- limited to, services and utilities provided by Government. No head of an agency may the Secretary, and administration of the Ac- cial assistance only after such delinquency is enter into a contract to locate or recover as- resolved, pursuant to these standards. This count. sets of the United States held by a State ‘‘(5) Not later than January 1 of each year, section shall not apply to loans or loan guar- government or financial institution unless there shall be deposited into the Treasury as antees where a status specifically permits that agency has established procedures ap- miscellaneous receipts, an amount equal to extension of Federal financial assistance to proved by the Secretary of the Treasury to the amount of unobligated balances remain- borrowers in delinquent status. identify and recover such assets.’’; and ing in the Account at the close of business ‘‘(b) The head of the agency may delegate (B) in subsection (d), by inserting ‘‘, or to on September 30 of the preceding year minus the waiver authority described in subsection locate or recover assets of’’, after ‘‘owed’’. any part of such balance that the executive (a) to the Chief Financial Officer of the agen- SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING. department or agency operating the debt col- cy. The waiver authority may be redelegated Section 3711 of title 31, United States Code, lection center determines is necessary to only to the Deputy Chief Financial Officer of is amended by adding at the end the fol- cover or defray the costs under this sub- the agency. lowing new subsection: section for the fiscal year in which the de- ‘‘(c) For purposes of this section, ‘person’ ‘‘(g)(1) At the discretion of the head of an posit is made. means an individual; or sole proprietorship, executive, judicial or legislative agency, re- ‘‘(6)(A) The head of an executive, legisla- partnership, corporation, non-profit organi- ferral of a non-tax claim may be made to any tive, or judicial agency shall transfer to the zation, or any other form of business associa- executive department or agency operating a Secretary of the Treasury all non-tax claims tion.’’. debt collection center for servicing and col- over 180 days delinquent for additional col- (b) The table of sections for subchapter II lection in accordance with an agreement en- lection action and/or closeout. A taxpayer of chapter 37 of title 31, United States Code, tered into under paragraph (2). Referral or identification number shall be included with is amended by inserting after the item relat- transfer of a claim may also be made to the each claim provided if it is in the agency’s ing to section 3720A the following new item: Secretary of the Treasury for servicing, col- possession. ‘‘3720B. Barring delinquent Federal debtors lection, compromise, and/or suspension or ‘‘(B) Subparagraph (A) shall not apply— from obtaining Federal loans or termination of collection action. Non-tax ‘‘(i) to claims that— loan guarantees.’’. claims referred or transferred under this sec- ‘‘(I) are in litigation or foreclosure; ‘‘(II) will be disposed of under the loan Subpart D—Expanding Collection Authori- tion shall be serviced, collected, com- sales program of a Federal department or ties and Governmentwide Cross-Servicing promised, and/or collection action suspended agency; or terminated in accordance with existing SEC. 5241. EXPANDING COLLECTION AUTHORI- ‘‘(III) have been referred to a private col- statutory requirements and authorities. TIES UNDER THE DEBT COLLECTION lection contractor for collection; ACT OF 1982. ‘‘(2) Executive departments and agencies ‘‘(IV) are being collected under internal (a) Subsection 8(e) of the Debt Collection operating debt collection centers are author- offset procedures; Act of 1982 (Public Law 97–365, 31 U.S.C. ized to enter into agreements with the heads ‘‘(V) have been referred to the Department 3701(d) and 5 U.S.C. 5514 note) is repealed. of executive, judicial, or legislative agencies of the Treasury, the Department of Defense, (b) Section 5 of the Social Security Domes- to service and/or collect non-tax claims re- the United States Postal Service, or a dis- tic Employment Reform Act of 1994 (Public ferred or transferred under this subsection. bursing official of the United States des- Law 103–387) is repealed. The heads of other executive departments ignated by the Secretary of the Treasury for (c) Section 631 of the Tariff Act of 1930 (19 and agencies are authorized to enter into administrative offset; U.S.C. 1631), is repealed. agreements with the Secretary of the Treas- ‘‘(VI) have been retained by an executive (d) Title 31, United States Code, is amend- ury for servicing or collection of referred or agency in a debt collection center; or ed— transferred nontax claims or other Federal ‘‘(VII) have been referred to another agen- (1) in section 3701— agencies operating debt collection centers to cy for collection; (A) by amending subsection (a)(4) to read obtain debt collection services from those ‘‘(ii) to claims which may be collected as follows: agencies. after the 180-day period in accordance with ‘‘(4) ‘executive, judicial or legislative agen- ‘‘(3) Any agency to which non-tax claims specific statutory authority or procedural cy’ means a department, military depart- are referred or transferred under this sub- guidelines, provided that the head of an exec- ment, agency, court, court administrative section is authorized to charge a fee suffi- utive, legislative, or judicial agency provides office, or instrumentality in the executive, cient to cover the full cost of implementing notice of such claims to the Secretary of the judicial or legislative branches of govern- this subsection. The agency transferring or Treasury; and

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1879 ‘‘(iii) to other specific class of claims as de- Subpart F—Gain Sharing not be included in the estimated payments termined by the Secretary of the Treasury at SEC. 5261. DEBT COLLECTION IMPROVEMENT AC- to the Government for the purpose of calcu- the request of the head of an agency or oth- COUNT. lating the cost of such programs. erwise. (a) Title 31, United States Code, is amend- ‘‘(e) The Secretary of the Treasury shall ‘‘(C) The head of an executive, legislative, ed by inserting after section 3720B the fol- prescribe such rules, regulations, and proce- or judicial agency shall transfer to the Sec- lowing new section: dures as the Secretary deems necessary or retary of the Treasury all non-tax claims on ‘‘§ 3720C. Debt Collection Improvement Ac- appropriate to carry out the purposes of this which the agency has ceased collection account section.’’. tivity. The Secretary may exempt specific (b) The table of sections for subchapter II classes of claims from this requirement, at ‘‘(a)(1) There is hereby established in the of chapter 37 of title 31, United States Code, the request of the head of an agency, or oth- Treasury a special fund to be known as the is amended by inserting after the item relat- erwise. The Secretary shall review trans- ‘Debt Collection Improvement Account’ ing to section 3720B the following new item: ferred claims to determine if additional col- (hereinafter referred to as the ‘Account’). ‘‘(2) The Account shall be maintained and ‘‘3720C. Debt Collection Improvement Ac- lection action is warranted. The Secretary count.’’. may, in accordance with section 6050P of managed by the Secretary of the Treasury, title 26, United States Code, report to the In- who shall ensure that programs are carried Subpart G—Tax Refund Offset Authority ternal Revenue Service on behalf of the cred- with the amounts described in subsection (b) SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY itor agency any claims that have been dis- and with allocations described in subsection DISBURSING OFFICIALS. charged within the meaning of such action. (c). Section 3720A(h) of title 31, United States ‘‘(7) At the end of each calendar year, the ‘‘(b)(1) Not later than 30 days after the end Code, is amended to read as follows: head of an executive, legislative, or judicial of a fiscal year, an agency other than the De- ‘‘(h)(1) The term ‘Secretary of the Treas- agency which, regarding a claim owed to the partment of Justice is authorized to transfer ury’ may include the disbursing official of agency, is required to report a discharge of to the Account a dividend not to exceed five the Department of the Treasury. indebtedness as income under the 6050P of percent of the debt collection improvement ‘‘(2) The disbursing official of the Depart- title 26, United States Code, shall either amount as described in paragraph (3). ment of the Treasury— complete the appropriate form 1099 or submit ‘‘(2) Agency transfers to the Account may ‘‘(A) shall notify a taxpayer in writing of— to the Secretary of the Treasury such infor- include collections from— ‘‘(i) the occurrence of an offset to satisfy a mation as is necessary for the Secretary of ‘‘(A) salary, administrative and tax refer- past-due legally enforceable non-tax debt; the Treasury to complete the appropriate ral off-sets; ‘‘(ii) the identity of the creditor agency re- ‘‘(B) automated levy authority; form 1099. The Secretary of the Treasury questing the offset; and ‘‘(C) the Department of Justice; and shall incorporate this information into the ‘‘(iii) a contact point within the creditor ‘‘(D) private collection agencies. appropriate form and submit the information agency that will handle concerns regarding ‘‘(3) For purposes of this section, the term to the taxpayer and Internal Revenue Serv- the offset; ‘debt collection improvement amount’ ice. ‘‘(B) shall notify the Internal Revenue means the amount by which the collection of ‘‘(8) To carry out the purposes of this sub- Service on a weekly basis of— delinquent debt with respect to a particular section, the Secretary of the Treasury is au- ‘‘(i) the occurrence of an offset to satisfy a program during a fiscal year exceeds the de- thorized— past-due legally enforceable non-tax debt; linquent debt baseline for such program for ‘‘(A) to prescribe such rules, regulations, ‘‘(ii) the amount of such offset; and such fiscal year. The Office of Management and procedures as the Secretary deems nec- ‘‘(iii) any other information required by and Budget shall determine the baseline essary; and regulations; and from which increased collections are meas- ‘‘(B) to designate debt collection centers ‘‘(C) shall match payment records with re- ured over the prior fiscal year, taking into operated by other Federal agencies.’’. quests for offset by using a name control, account the recommendations made by the SEC. 5243. COMPROMISE OF CLAIMS. taxpayer identifying number (as defined in 26 Secretary of the Treasury in consultation U.S.C. 6109), and any other necessary identi- (a) Section 3711(a)(2) of title 31, United with creditor agencies. States Code, is amended by striking out ‘‘(c)(1) The Secretary of the Treasury is au- fiers.’’. ‘‘$20,000 (excluding interest)’’ and inserting thorized to make payments from the Ac- SEC. 5272. EXPANDING TAX REFUND OFFSET AU- in lieu thereof ‘‘$100,000 (excluding interest) count solely to reimburse agencies for quali- THORITY. or such higher amount as the Attorney Gen- fied expenses. For agencies with franchise (a) Section 3720A of title 31, United States eral may from time to time prescribe. funds, payments may be credited to sub- Code, is amended by adding after subsection (b) This section shall be effective as of Oc- accounts designated for debt collection. (h) the following new subsection: tober 1, 1995. ‘‘(2) For purposes of this paragraph, the ‘‘(i) An agency subject to section 9 of the Subpart E—Federal Civil Monetary term ‘qualified expenses’ means expenditures Act of May 18, 1933 (16 U.S.C. 831h) may im- Penalties for the improvement of tax administration plement this section at its discretion.’’. SEC. 5251. ADJUSTING FEDERAL CIVIL MONE- and agency debt collection and debt recovery (b) Section 6402(f) of title 26, United States TARY PENALTIES FOR INFLATION. activities including, but not limited to, ac- Code, is amended to read as follows: (a) The Federal Civil Penalties Inflation count servicing (including cross-servicing ’’(f) FEDERAL AGENCY.—For purposes of Adjustment Act of 1990 (Public Law 101–410, under section 502 of the Debt Collection Im- this section, the term ‘Federal agency’ 104 Stat. 890; 28 U.S.C. 2461 note) is amend- provement Act of 1996), automatic data proc- means a department, agency, or instrumen- ed— essing equipment acquisitions, delinquent tality of the United States, and includes a ‘‘(1) by amending section 4 to read as fol- debt collection, measures to minimize delin- government corporation (as such term is de- lows: quent debt, asset disposition, and training of fined in section 103 of title 5, United States ‘‘(SEC. 4. The head of each agency shall, personnel involved in credit and debt man- Code).’’. not later than 180 days after the date of en- agement. SEC. 5273. EXPANDING AUTHORITY TO COLLECT actment of the Debt Collection Improvement ‘‘(3) Payments made to agencies pursuant PAST-DUE SUPPORT. Act of 1996, and at least once every 4 years to paragraph (1) shall be in proportion to (a) Section 3720A(a) of title 31, United thereafter, by regulation adjust each civil their contributions to the Account. States Code, is amended to read as follows: monetary penalty provided by law within the ‘‘(4)(A) Amounts in the Account shall be ‘‘(a) Any Federal agency that is owed by a jurisdiction of the Federal agency, except for available to the Secretary of the Treasury to named person a past-due, legally enforceable any penalty under title 26, United States the extent and in the amounts provided in debt (including past-due support and debt ad- Code, by the inflation adjustment described advance in appropriation Acts, for purposes ministered by a third party acting as an under section 5 of this Act and publish each of this section. Such amounts are authorized agent for the Federal Government) shall, in such regulation in the Federal Register.’’; to be appropriated without fiscal year limi- accordance with regulations issued pursuant (2) in section 5(a), by striking ‘‘The adjust- tation. to subsections (b) and (d), notify the Sec- ment described under paragraphs (4) and ‘‘(B) As soon as practicable after the end of retary of the Treasury at least once a year of (5)(A) of section 4’’ and inserting ‘‘The infla- third fiscal year after which appropriations the amount of such debt.’’. tion adjustment’’; and are made pursuant to this section, and every (b) Section 464(a) of the Social Security (3) by adding at the end of the following 3 years thereafter, any unappropriated bal- Act (42 U.S.C. 664(a)) is amended— new section: ance in the account as determined by the (1) in paragraph (1), by adding at the end ‘‘SEC. 7. Any increase to a civil monetary Secretary of the Treasury in consultation thereof the following: ‘‘This subsection may penalty resulting from this Act shall apply with agencies, shall be transferred to the be implemented by the Secretary of the only to violations which occur after the date Treasury general fund as miscellaneous re- Treasury in accordance with section 3720A of any such increase takes effect.’’. ceipts. title 31, United States Code.’’; and (b) The initial adjustment of a civil mone- ‘‘(d) For direct loan and loan guarantee (2) in paragraph (2)(A), by adding at the tary penalty made pursuant to section 4 of programs subject to title V of the Congres- end thereof the following: ‘‘This subsection Federal Civil Penalties Inflation Adjustment sional Budget Act of 1974, amounts credited may be implemented by the Secretary of the Act of 1990 (as amended by subsection (a)) in accordance with subsection (c) shall be Treasury in accordance with section 3720A of may not exceed 10 percent of such penalty. considered administrative costs and shall title 31, United States Code.’’.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1880 CONGRESSIONAL RECORD — SENATE March 12, 1996 Subpart H—Definitions, Due Process Rights, ceivable managed by the head of the agen- other form of instrument under which any and Severability cy.’’; and interest in real property, including lease- SEC. 5281. TECHNICAL AMENDMENTS TO DEFINI- (B) in paragraph (3), by striking ‘‘Director’’ holds, life estates, reversionary interests, TIONS. and inserting ‘‘Secretary’’; and and any other estates under applicable law is Section 3701 of title 31, United States Code, (2) in subsection (b), by striking ‘‘Direc- conveyed or otherwise rendered subject to a is amended— tor’’ and inserting ‘‘Secretary’’. lien, for the purpose of securing the payment (1) by amending subsection (a)(1) to read as (d) Notwithstanding any other provision of of money or the performance of any other follows: law, the Secretary of the Treasury is author- obligation. ‘‘(1) ‘administrative offset’ means with- ized to consolidate all reports concerning ‘‘(8) ‘of record’ means an interest recorded holding money payable by the United States debt collection into one annual report. pursuant to Federal and State statutes that (including money payable by the United PART II—JUSTICE DEBT MANAGEMENT provide for official recording of deeds, mort- States on behalf of a State government) to, Subpart A—Private Attorneys gages and judgments, and that establish the or held by the United States for, a person to effect of such records as notices to creditors, SEC. 5301. EXPANDED USE OF PRIVATE ATTOR- purchasers, and other interested persons; satisfy a claim.’’; NEYS. (2) by amending subsection (b) to read as ‘‘(9) ‘owner’ means any person who has an (a) Section 3718(b)(1)(A) of title 31, United follows: ownership interest in property and includes States Code, is amended by striking the ‘‘(b)(1) The term ‘claim’ or ‘debt’ means heirs, devises, executors, administrators, and fourth sentence. any amount of money or property that has other personal representatives, and trustees (b) Sections 3 and 5 of the Federal Debt Re- been determined by an appropriate official of of testamentary trusts if the owners of covery Act (Public Law 99–578, 100 Stat. 3305) the Federal Government to be owed to the record is deceased; are hereby repealed. United States by a person, organization, or ‘‘(10) ‘sale’ means a sale conducted pursu- entity other than another Federal agency. A Subpart B—Nonjudicial Foreclosure ant to this subchapter, unless the context re- claim includes, without limitation, money SEC. 5311. NONJUDICIAL FORECLOSURE quires otherwise; and owed on account of loans insured or guaran- OF MORTGAGES. ‘‘(11) ‘security property’ means real prop- teed by the Government, non-appropriated Chapter 176 of title 28 of the United States erty, or any interest in real property includ- funds, over-payments, any amount the Code is amended by adding at the end thereof ing leaseholds, life estates, reversionary in- United States is authorized by statute to the following: terests, and any other estates under applica- collect for the benefit of any person, and ‘‘SUBCHAPTER E—NONJUDICIAL ble State law that secure a mortgage. other amounts of money or property due the FORECLOSURE ‘‘§ 3402. Rules of construction Government. ‘‘(a) IN GENERAL.—If an agency head elects ‘‘(2) For purposes of section 3716 of this ‘‘Sec. to proceed under this subchapter, this sub- title, the term ‘claim’ also includes an ‘‘3401. Definitions. ‘‘3402. Rules of construction. chapter shall apply and the provisions of this amount of money or property owed by a per- ‘‘3403. Election of procedure. subchapter shall govern in the event of a son to a State, the District of Columbia, ‘‘3404. Designation of foreclosure trustee. conflict with any other provision of Federal American Samoa, the United States Virgin ‘‘3405. Notice of foreclosure sale; statute of law or State law. Islands, the Commonwealth of the Northern limitations. ‘‘(b) LIMITATION.—This subchapter shall Mariana Islands, or the Commonwealth of ‘‘3406. Service of notice of foreclosure sale. not be construed to supersede or modify the Puerto Rico where there is also a Federal ‘‘3407. Cancellation of foreclosure sale. operation of— monetary interest or in cases of court or- ‘‘3408. Stay. ‘‘(1) the lease-back/buy-back provisions dered child support.’’; and ‘‘3409. Conduct of sale: postponement. under section 1985 of title 7, United States (3) by adding after subsection (f) (as added ‘‘3410. Transfer of title and possession. Code, or regulations promulgated therein section 5202(a)) the following new sub- ‘‘3411. Record of foreclosure and sale. under; or section: ‘‘(g) In section 3716 of this title— ‘‘3412. Effect of sale. ‘‘(1) ‘creditor agency’ means any entity ‘‘(2) The Multifamily Mortgage Fore- ‘‘3413. Disposition of sale proceeds. closure Act of 1981 (chapter 38 of title 12, owed a claim that seeks to collect that claim ‘‘3414. Deficiency judgment. through administrative offset; and United States Code). ‘‘(2) ‘payment certifying agency’ means ‘‘§ 3401. Definitions ‘‘(c) EFFECT ON OTHER LAWS.—This sub- any Federal department, agency, or instru- ‘‘As used in this subchapter— chapter shall not be construed to curtail or mentality and government corporation, that ‘‘(1) ‘agency’ means— limit the rights of the United States or any has transmitted a voucher to a disbursing of- ‘‘(A) an executive department as defined in of its agencies— ficial for disbursement.’’. section 101 of title 5, United States Code; ‘‘(1) to forclose a mortgage under any other ‘‘(B) an independent establishment as de- provision of Federal law or State law; or SEC. 5282. SEVERABILITY. fined in section 104 of title 5, United States ‘‘(2) to enforce any right under Federal law If any provision of this title, or the amend- Code (except that it shall not include the or State law in lieu of or in addition to fore- ments made by this title, or the application General Accounting Office); closure, including any right to obtain a mon- of any provision to any entity, person, or cir- ‘‘(C) a military department as defined in etary judgment. cumstance is for any reason adjudged by a section 102 of title 5, United States Code; and ‘‘(d) APPLICATION TO MORTGAGES.—The pro- court of competent jurisdiction to be invalid, ‘‘(D) a wholly owned government corpora- visions of this subchapter may be used to the remainder of this title, and the amend- tion as defined in section 9101(3) of title 31, foreclose any mortgage, whether executed ments made by this title, or its application United States Code; prior or subsequent to the effective date of shall not be affected. ‘‘(2) ‘agency head’ means the head and any this subchapter. Subpart I—Reporting assistant head of an agency, and may upon ‘‘§ 3403. Election of procedure SEC. 5291. MONITORING AND REPORTING. the designation by the head of an agency in- ‘‘(a) SECURITY PROPERTY SUBJECT TO FORE- (a) the Secretary of the Treasury, in conclude the chief official of any principal divi- CLOSURE.—An agency head may foreclose a sultation with concerned Federal agencies, is sion of an agency or any other employee of mortgage upon the breach of a covenant or authorized to establish guidelines, including an agency; condition in a debt instrument or mortgage ‘‘(3) ‘bona fide purchaser’ means a pur- information on outstanding debt, to assist for which acceleration or foreclosure is au- chaser for value in good faith and without agencies in the performance and monitoring thorized. Any agency head may not institute notice of any adverse claim who acquires the of debt collection activities. foreclosure proceedings on the mortgage (b) Not later than three years after the seller’s interest free of any adverse claim; under any other provision of law, or refer date of enactment of this Act, the Secretary ‘‘(4) ‘debt instrument’ means a note, mort- such mortgage for litigation, during the of the Treasury shall report to the Congress gage bond, guaranty or other instrument pendency of foreclosure proceedings pursu- on collection services provided by Federal creating a debt or other obligation, including ant to this subchapter. agencies or entities collecting debt on behalf any instrument incorporated by reference ‘‘(b) EFFECT OF CANCELLATION OF SALE.—If therein and any instrument or agreement of other Federal agencies under the authori- a foreclosure sale is canceled pursuant to amending or modifying a debt instrument; ties contained in section 3711(g) of title 31, section 3407, the agency head may thereafter ‘‘(5) ’file’ or ‘filing’ means docketing, in- United States Code. foreclose on the security property in any (c) Section 3719 of title 31, United States dexing, recording, or registering, or other re- manner authorized by law. Code, is amended— quirement for perfecting a mortgage or a (1) in subsection (a)— judgment; ‘‘§ 3404. Designation of foreclosure trustee (A) by amending the first sentence to read ‘‘(6) ‘foreclosure trustee’ means an indi- ‘‘(a) IN GENERAL.—An agency head shall as follows: ‘‘In consultation with the Comp- vidual partnership, association, or corpora- designate a foreclosure trustee who shall su- troller General, the Secretary of the Treas- tion, or an employee thereof, including a persede any trustee designated in the mort- ury shall prescribe regulations requiring the successor, appointed by the agency head to gage. A foreclosure trustee designated under head of each agency with outstanding non- conduct a foreclsoure sale pursuant to this this section shall have a nonjudicial power of tax claims to prepare and submit to the Sec- subchapter; sale pursuant to this subchapter. retary at least once a year a report summa- ‘‘(7) ‘mortgage’ means a deed of trust, deed ‘‘(b) DESIGNATION OF FORECLOSURE TRUST- rizing the status of loans and accounts re- to secure debt, security agreement, or any EE.—

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1881 ‘‘(1) Any agency head may designate as ‘‘(7) a statement that the foreclosure is ‘‘(B) performs any other obligation which foreclosure trustee— being conducted in accordance with this sub- would have been required in the absence of ‘‘(A) an officer or employee of the agency; chapter; any acceleration; and ‘‘(B) an individual who is a resident of the ‘‘(8) the types of costs, if any, to be paid by ‘‘(C) pays or tenders all costs of foreclosure State in which the security property is lo- the purchaser upon transfer of title; and incurred for which payment from the pro- cated; or ‘‘(9) the terms and conditions of sale, in- ceeds of the sale would be allowed; or ‘‘(C) a partnership, association, or corpora- cluding the method and time of payment of ‘‘(3) for any reason approved by the agency tion, provided such entity is authorized to the foreclosure purchase price. head. transact business under the laws of the State ‘‘§ 3406. Service of notice of foreclosure sale ‘‘(b) LIMITATION.—The debtor may not, without the approval of the agency head, in which the security property is located. ‘‘(a) RECORD NOTICE.—At least 21 days prior cure the default under subsection (a)(2) if, ‘‘(2) The agency head is authorized to enter to the date of the foreclosure sale, the notice within the preceding 12 months, the debtor into personal services and other contracts of foreclosure sale required by section 3405 has cured a default after being served with a not inconsistent with this subchapter. shall be filed in the manner authorized for notice of foreclosure sale pursuant to this ‘‘(c) METHOD OF DESIGNATION.—An agency filing a notice of an action concerning real subchapter. head shall designate the foreclosure trustee property according to the law of the State in writing. The foreclosure trustee may be ‘‘(c) NOTICE OF CANCELLATION.—The fore- where the security property is located or, if closure trustee shall file a notice of the can- designated by name, title, or position. An none, in the manner authorized by section agency head may designate one or more fore- cellation in the same place and manner pro- 3201 of this chapter. vided for the filing of the notice of foreclosure trustees for the purpose of pro- ‘‘(b) NOTICE BY MAIL.— closure sale under section 3406(a). ceeding with multiple foreclosures or a class ‘‘(1) At least 21 days prior to the date of of foreclosures. the foreclosure sale, the notice set forth in ‘‘§ 3048. Stay ‘‘(d) AVAILABILITY OF DESIGNATION.—An section 3405 shall be sent by registered or ‘‘If, prior to the time of sale, foreclosure agency head may designate such foreclosure certified mail, return receipt requested— proceedings under this subchapter are stayed trustees as the agency head deems necessary ‘‘(A) to the current owner of record of the in any manner, including the filing of bank- to carry out the purposes of this subchapter. security property as the record appears on ruptcy, no person may thereafter cure the ‘‘(e) MULTIPLE FORECLOSURE TRUSTEES AU- the date that the notice of foreclosure sale is default under the provisions of section THORIZED.—An agency head may designate recorded pursuant to subsection (a); 3407(a)(2). If the default is not cured at the multiple foreclosures trustees for different ‘‘(B) to all debtors, including the mort- time a stay is terminated, the foreclosure tracts of a secured property. gagor, assignees of the mortgagor and guar- trustee shall proceed to sell the security ‘‘(f) REMOVAL OF FORECLOSURE TRUSTEE; antors of the debt instrument; property as provided in this subchapter. SUCCESSOR FORECLOSURE TRUSTEES.—An ‘‘(C) to all persons having liens, interests ‘‘§ 3409. Conduct of sale; postponement agency head may, with or without cause or or encumbrances of record upon the security ‘‘(a) SALE PROCEDURES.—Foreclosure sale notice, remove a foreclosure trustee and des- property, as the record appears on the date pursuant to this subchapter shall be at pub- ignate a successor trustee as provided in this that the notice of foreclosure sale is recorded lic auction and shall be scheduled to begin at section. The foreclosure sale shall continue pursuant to subsection (a); and a time between the hours of 9:00 a.m. and 4:00 without prejudice notwithstanding the re- ‘‘(D) to any occupants of the security prop- p.m. local time. The foreclosure sale shall be moval of the foreclosure trustee and designa- erty. If the names of the occupants of the se- held at the location specified in the notice of tion of a successor foreclosure trustee. Noth- curity property are not known to the agency, foreclosure sale, which shall be a location ing in this section shall be construed to pro- or the security property has more than one where real estate foreclosure auctions are hibit a successor foreclosure trustee from dwelling unit, the notice shall be posted at customarily held in the county or one of the postponing the foreclosure sale in accord- the security property. counties in which the property to be sold is ance with this subchapter. ‘‘(2) The notice shall be sent to the debtor located or at a courthouse therein, or upon ‘‘§ 3405. Notice of foreclosure sale; statute of at the address, if any, set forth in the debt the property to be sold. Sale of security limitations instrument or mortgage as the place to property situated in two or more counties which notice is to be sent, and if different, to ‘‘(a) IN GENERAL.— may be held in any one of the counties in ‘‘(1) Not earlier than 21 days nor later than the debtor’s last known address as shown in which any part of the security property is ten years after acceleration of a debt instru- the mortgage record of the agency. The no- situated. The foreclosure trustee may des- ment or demand on a guaranty, the fore- tice shall be sent to any person other than ignate the order in which multiple tracts of closure trustee shall serve a notice of fore- the debtor to that person’s address of record security property are sold. closure sale in accordance with this sub- or, if there is no address of record, to any ad- ‘‘(b) BIDDING REQUIREMENTS.—Written one- chapter. dress at which the agency in good faith be- price sealed bids shall be accepted by the ‘‘(2) For purposes of computing the time lieves the notice is likely to come to that foreclosure trustee, if submitted by the agen- period under paragraph (1), there shall be ex- person’s attention. cy head or other persons for entry by an- cluded all periods during which there is in ef- ‘‘(3) Notice by mail pursuant to this sub- nouncement by the foreclosure trustee at the fect— section shall be effective upon mailing. sale. The sealed bids shall be submitted in ‘‘(A) a judicially imposed stay of fore- ‘‘(c) NOTICE BY PUBLICATION.—The notice of accordance with the terms set forth in the closure; or the foreclosure sale shall be published at notice of foreclosure sale. The agency head ‘‘(B) a stay imposed by section 362 of title least once a week for each of three succes- or any other person may bid at the fore- 11, United States Code. sive weeks prior to the sale in at least one closure sale, even if the agency head or other ‘‘(3) In the event of partial payment or newspaper of general circulation in any person previously submitted a written one- written acknowledgement of the debt after county or counties in which the security price bid. The agency head may bid a credit acceleration of the debt instrument, the property is located. If there is no newspaper against the debt due without the tender or right to foreclosure shall be deemed to ac- published at least weekly that has a general payment of cash. The foreclosure trustee crue again at the time of each such payment circulation in at least one county in which may serve as auctioneer, or may employ an or acknowledgement. the security property is located, copies of auctioneer who may be paid from the sale the notice of foreclosure sale shall instead be ‘‘(b) NOTICE OF FORECLOSURE SALE.—The proceeds. If an auctioneer is employed, the notice of foreclosure sale shall include— posted at least 21 days prior to the sale at foreclosure trustee is not required to attend ‘‘(1) the name, title, and business address the courthouse of any county or counties in the sale. The foreclosure trustee or an auc- of the foreclosure trustee as of the date of which the property is located and the place tioneer may bid as directed by the agency the notice; where the sale is to be held. head. ‘‘(2) the names of the original parties to ‘‘§ 3407. Cancellation of foreclosure sale ‘‘(c) POSTPONEMENT OF SALE.—The fore- the debt instrument and the mortgage, and ‘‘(a) IN GENERAL.—At any time prior to the closure trustee shall have discretion, prior to any assignees of the mortgagor of record; foreclosure sale, the foreclosure trustee shall or at the time of sale, to postpone the fore- ‘‘(3) the street address or location of the cancel the sale— closure sale. The foreclosure trustee may security property, and a generally accepted ‘‘(1) if the debtor or the holder of any sub- postpone a sale to a later hour the same day designation used to describe the security ordinate interest in the security property by announcing or posting the new time and property, or so much thereof as is to be of- tenders the performance due under the debt place of the foreclosure sale at the time and fered for sale, sufficient to identify the prop- instrument and mortgage, including any place originally scheduled for the foreclosure erty to be sold; amounts due because of the exercise of the sale. The foreclosure trustee may instead ‘‘(4) the date of the mortgage, the office in right to accelerate, and the expenses of pro- postpone the foreclosure sale for not fewer which the mortgage is filed, and the location ceeding to foreclosure incurred to the time than 9 nor more than 31 days, by serving no- of the filing of the mortgage; of tender; tice that the foreclosure sale has been post- ‘‘(5) the default or defaults upon which ‘‘(2) if the security property is a dwelling poned to a specified date, and the notice may foreclosure is based, and the date of the ac- of four units or fewer, and the debtor— include any revisions the foreclosure trustee celeration of the debt instrument; ‘‘(A) pays or tenders all sums which would deems appropriate. The notice shall be ‘‘(6) the date, time, and place of the fore- have been due at the time of tender in the served by publication, mailing, and posting closure sale; absence of any acceleration; in accordance with section 3406 (b) and (c),

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except that publication may be made on any ‘‘(f) PROHIBITION OF IMPOSITION OF TAX ON ‘‘(B) the amounts described in subpara- of three separate days prior to the new date CONVEYANCE BY THE UNITED STATES OR AGEN- graph (A)(i) shall be computed on the gross of the foreclosure sale, and mailing may be CY THEREOF—No tax, or fee in the nature of proceeds of all security property sold at a made at any time at least 7 days prior to the a tax, for the transfer of title to the security single sale; new date of the foreclosure sale. property by the foreclosure trustee’s deed ‘‘(2) to pay the expense of any auctioneer ‘‘(d) LIABILITY OF SUCCESSFUL BIDDER WHO shall be imposed upon or collected from the employed by the foreclosure trustee, if any, FAILS TO COMPLY.—The foreclosure trustee foreclosure trustee or the purchaser by any except that the commission payable to the may require a bidder to make a cash deposit State or political subdivision thereof. foreclosure trustee pursuant to paragraph (1) before the bid is accepted. The amount or ‘‘§ 3411. Record of foreclosure and sale shall be reduced by the amount paid to an percentage of the cash deposit shall be stated auctioneer, unless the agency head deter- ‘‘(a) RECITAL REQUIREMENTS.—The fore- by the foreclosure trustee in the notice of mines that such reduction would adversely closure trustee shall recite in the deed to the foreclosure sale. A successful bidder at the affect the ability of the agency head to re- purchaser, or in an addendum to the fore- foreclosure sale who fails to comply with the tain qualified foreclosure trustees or auc- closure trustee’s deed, or shall prepare an af- terms of the sale shall forfeit the cash de- tioneers; fidavit stating— posit or, at the election of the foreclosure ‘‘(3) to pay for the costs of foreclosure, in- ‘‘(1) the date, time, and place of sale; trustee, shall be liable to the agency on a cluding— ‘‘(2) the date of the mortgage, the office in subsequent sale of the property for all net ‘‘(A) reasonable and necessary advertising which the mortgage is filed, and the location losses incurred by the agency as a result of costs and postage incurred in giving notice of the filing of the mortgage; such failure. pursuant to section 3406; ‘‘(3) the persons served with the notice of ‘‘(e) EFFECT OF SALE.—Any foreclosure sale ‘‘(B) mileage for posting notices and for foreclosure sale; held in accordance with this subchapter shall the foreclosure trustee’s or auctioneer’s at- ‘‘(4) the date and place of filing of the no- be conclusively presumed to have been con- tendance at the sale at the rate provided in tice of foreclosure sale under section 3406(a); ducted in a legal, fair, and commercially rea- section 1921 of title 28, United States Code, ‘‘(5) that the foreclosure was conducted in sonable manner. The sale price shall be con- for mileage by the most reasonable road dis- accordance with the provisions of this sub- clusively presumed to constitute the reason- tance; chapter; and ably equivalent value of the security prop- ‘‘(C) reasonable and necessary costs actu- ‘‘(6) the sale amount. erty. ally incurred in connection with any search ‘‘(b) EFFECT OF RECITALS.—The recitals set of title and lien records; and ‘‘§ 3410. Transfer of title and possession forth in subsection (a) shall be prima facie ‘‘(D) necessary costs incurred by the fore- ‘‘(a) DEED.—After receipt of the purchase evidence of the truth of such recitals. Com- closure trustee to file documents; price in accordance with the terms of the pliance with the requirements of subsection ‘‘(4) to pay valid real property tax liens or sale as provided in the notice of foreclosure (a) shall create a conclusive presumption of assessments, if required by the notice of sale, the foreclosure trustee shall execute the validity of the sale in favor of bona fide foreclosure sale; and deliver to the purchaser a deed con- purchasers and encumbrancers for value ‘‘(5) to pay any liens senior to the mort- veying the security property to the pur- without notice. gage, if required by the notice of foreclosure chaser that grants and conveys title to the ‘‘(c) DEED TO BE ACCEPTED FOR FILING.— sale; security property without warranty or cov- The register of deeds or other appropriate of- ‘‘(6) to pay service charges and advance- enants to the purchaser. The execution of ficial of the county or counties where real ments for taxes, assessments, and property the foreclosure trustee’s deed shall have the estate deeds are regularly filed shall accept insurance premiums; and effect of conveying all of the right, title, and for filing and shall file the foreclosure trust- ‘‘(7) to pay late charges and other adminis- interest in the security property covered by ee’s deed and affidavit, if any, and any other trative costs and the principal and interest the mortgage. Notwithstanding any other instruments submitted for filing in relation balances secured by the mortgage, including law to the contrary, the foreclosure trustee’s to the foreclosure of the security property expenditures for the necessary protection, deed shall be a conveyance of the security under this subchapter. preservation, and repair of the security prop- property and not a quitclaim. No judicial ‘‘§ 3412. Effect of sale erty as authorized under the debt instrument proceeding shall be required ancillary or sup- ‘‘A sale conducted under this subchapter to or mortgage and interest thereon if provided plementary to the procedures provided in a bona fide purchaser shall bar all claims for in the debt instrument or mortgage, pur- this subchapter to establish the validity of upon the security property by— suant to the agency’s procedure. the conveyance. ‘‘(1) any person to whom the notice of fore- ‘‘(b) INSUFFICIENT PROCEEDS.—In the event ‘‘(b) DEATH OF PURCHASER PRIOR TO CON- closure sale was mailed as provided in this there are no proceeds of sale or the proceeds SUMMATION OF SALE.—If a purchaser dies be- subchapter who claims an interest in the are insufficient to pay the costs and expenses fore execution and delivery of the deed con- property subordinate to that of the mort- set forth in subsection (a), the agency head veying the security property to the pur- gage, and the heir, devisee, executor, admin- shall pay such costs and expenses as author- chaser, the foreclosure trustee shall execute istrator, successor, or assignee claiming ized by applicable law. and deliver the deed to the representative of under any such person; ‘‘(c) SURPLUS MONIES.— the purchaser’s estate upon payment of the ‘‘(2) any person claiming any interest in ‘‘(1) After making the payments required purchase price in accordance with the terms the property subordinate to that of the by subsection (a), the foreclosure trustee of sale. Such delivery to the representative mortgage, if such person had actual knowl- shall— of the purchaser’s estate shall have the same edge of the sale; ‘‘(A) distribute any surplus to pay liens in effect as if accomplished during the lifetime ‘‘(3) any person so claiming, whose assign- the order of priority under Federal law or of the purchaser. ment, mortgage, or other conveyance was the law of the State where the security prop- ‘‘(c) PURCHASER CONSIDERED BONA FIDE not filed in the proper place for filing, or erty is located; and PURCHASER WITHOUT NOTICE.—The purchaser whose judgment or decree was not filed in ‘‘(B) pay to the person who was the owner of property under this subchapter shall be the proper place for filing, prior to the date of record on the date the notice of fore- presumed to be a bona fide purchaser with- of filing of the notice of foreclosure sale as closure sale was filed the balance, if any, out notice of defects, if any, in the title con- required by section 3406(a), and the heir, dev- after any payments made pursuant to para- veyed to the purchaser. isee, executor, administrator, successor, or graph (1). ‘‘(d) POSSESSION BY PURCHASER; CONTINUING assignee of such a person; or ‘‘(2) If the person to whom such surplus is INTERESTS.—A purchaser at a foreclosure ‘‘(4) any other person claiming under a to be paid cannot be located, or if the surplus sale conducted pursuant to this subchapter statutory lien or encumbrance not required available is insufficient to pay claimants and shall be entitled to possession upon passage to be filed and attaching to the title or inter- the claimants cannot agree on the distribu- of title to the security property, subject to est of any person designated in any of the tion of the surplus, that portion of the sale any interest or interests senior to that of the foregoing subsections of this section. proceeds may be deposited by the foreclosure mortgage. The right to possession of any per- trustee with an appropriate official author- son without an interest senior to the mort- ‘‘§ 3413. Disposition of sale proceeds ized under law to receive funds under such gage who is in possession of the property ‘‘(a) DISTRIBUTION OF SALE PROCEEDS.—The circumstances. If such a procedure for the shall terminate immediately upon the pas- foreclosure trustee shall distribute the pro- deposit of disputed funds is not available, sage of title to the security property, and ceeds of the foreclosure sale in the following and the foreclosure trustee files a bill of the person shall vacate the security property order— interpleader or is sued as a stakeholder to immediately. The purchaser shall be entitled ‘‘(1)(A) to pay the commission of the fore- determine entitlement to such funds, the to take any steps available under Federal closure trustee, other than an agency em- foreclosure trustee’s necessary costs in tak- law or State law to obtain possession. ployee, the greater of— ing or defending such action shall be de- ‘‘(e) RIGHT OF REDEMPTION; RIGHT OF POS- ‘‘(i) the sum of— ducted first from the disputed funds. SESSION.—This subchapter shall preempt all ‘‘(I) 3 percent of the first $1,000 collected, Federal and State rights of redemption, stat- plus ‘‘§ 3414. Deficiency judgment utory, or common law. Upon conclusion of ‘‘(II) 1.5 percent on the excess of any sum ‘‘(a) IN GENERAL.—If after deducting the the public auction of the security property, collected over $1,000; or disbursements described in section 3413, the no person shall have a right of redemption. ‘‘(ii) $250; and price at which the security property is sold

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1883 at a foreclosure sale is insufficient to pay gency Deficit Control Act of 1985, as amend- years shall be fined under this title or im- the unpaid balance of the debt secured by the ed, is transmitted to Congress. prisoned not more than 5 years, or both. security property, counsel for the United DEPARTMENT OF THE TREASURY ‘‘(b) A surgical operation is not a violation States may commence an action or actions of this section if the operation is— DEPARTMENTAL OFFICES against any or all debtors to recover the de- ‘‘(1) necessary to the health of the person ficiency, unless specifically prohibited by SALARIES AND EXPENSES on whom it is performed, and is performed by the mortgage. The United States is also enti- For an additional amount for emergency a person licensed in the place of its perform- tled to recover any amount authorized by expenses necessary to enhance the Office of ance as a medical practitioner; or section 3011 and costs of the action. Foreign Assets Control’s efforts in the ‘‘(2) performed on a person in labor or who ‘‘(b) LIMITATION.—Any action commenced United States to combat Middle Eastern ter- has just given birth and is performed for to recover the deficiency shall be brought rorism, $3,000,000, to remain available until medical purposes connected with that labor within 6 years of the last sale of security expended: Provided, That such activities or birth by a person licensed in the place it property. shall include efforts to enforce Executive is performed as a medical practitioner, or ‘‘(c) CREDITS.—The amount payable by a Order 12947 (‘‘Prohibiting Transactions with midwife, or person in training to become private mortgage guaranty insurer shall be Terrorists Who Threaten to Disrupt the Mid- such a practitioner or midwife. credited to the account of the debtor prior to dle East Peace Process’’) to prevent fund- ‘‘(c) In applying subsection (b)(1), no ac- the commencement of an action for any defi- raising in the United States on the behalf of count shall be taken of the effect on the per- ciency owed by the debtor. Nothing in this organizations that support terror to under- son on whom the operation is to be per- subsection shall curtail or limit the subroga- mine the peace process: Provided further, formed of any belief on the part of that or tion rights of a private mortgage guaranty That the entire amount is hereby designated any other person that the operation is re- insurer.’’. by Congress as an emergency requirement quired as a matter of custom or ritual. CHAPTER 3—SPENDING DESIGNATION pursuant to section 251(b)(2)(D)(I) of the Bal- ‘‘(d) Whoever knowingly denies to any per- anced Budget Act and Emergency Deficit son medical care or services or otherwise dis- SEC. 5501. EMERGENCY DESIGNATION. Control Act of 1985, as amended: Provided fur- criminates against any person in the provi- Congress hereby designates all amounts in ther, That the entire amount shall be avail- sion of medical care or services, because— this entire title as emergency requirements able only to the extent an official budget re- ‘‘(1) that person has undergone female cir- for all purposes of the Balanced Budget and quest, for a specific dollar amount, that in- cumcision, excision, or infibulation; or Emergency Deficit Control Act of 1985: Pro- cludes designation of the entire amount of ‘‘(2) that person has requested that female vided, That these amounts shall only be the request as an emergency requirement as circumcision, excision, or infibulation be available to the extent an official budget re- defined in the Balanced Budget and Emer- performed on any person; quest for a specific dollar amount that in- gency Deficit Control Act of 1985, as amend- shall be fined under this title or imprisoned cludes designation of the entire amount of ed, is transmitted to Congress. the request as an emergency requirement as not more than one year, or both.’’. (2) The table of sections at the beginning of defined in the Balanced Budget and Emer- REID AMENDMENT NO. 3477 gency Deficit Control Act of 1985 is trans- chapter 7 of title 18, United States Code, is mitted by the President to Congress. Mr. GREGG (for Mr. REID) proposed amended by adding at the end the following an amendment to amendment No. 3466 new item: ‘‘116. Female genital mutilation.’’. GREGG AMENDMENT NO. 3475 proposed by Mr. HATFIELD to the bill H.R. 3019, supra; as follows: (e)(1) The Secretary of Health and Human Mr. GREGG proposed an amendment Services shall do the following: At the appropriate place under the heading (A) Compile data on the number of females to amendment No. 3474 proposed by Mr. of ‘‘General Provisions’’ at the end of the living in the United States who have been HOLLINGS to amendment No. 3466 pro- bill, insert the following new section: subjected to female genital mutilation posed by Mr. HATFIELD to the H.R. 3019, SEC. ——. (a) This section may be cited as supra; as follows: the ‘‘Federal Prohibition of Female Genital (whether in the United States or in their Mutilation Act of 1996’’. countries of origin), including a specification Strike chapter 3 of the pending amendment of the number of girls under the age of 18 in its entirety. (b) Congress finds that— (1) the practice of female genital mutila- who have been subjected to such mutilation. tion is carried out by members of certain (B) Identify communities in the United LAUTENBERG (AND OTHERS) cultural and religious groups within the States that practice female genital mutila- AMENDMENT NO. 3476 United States; tion, and design and carry out outreach ac- (2) the practice of female genital mutila- tivities to educate individuals in the commu- Mr. GREGG (for Mr. LAUTENBERG, for tion often results in the occurrence of phys- nities on the physical and psychological himself, Mr. HOLLINGS, and Mr. KERRY) ical and psychological health effects that health effects of such practice. Such out- proposed an amendment to amendment harm the women involved; reach activities shall be designed and imple- No. 3466 proposed by Mr. HATFIELD to (3) such mutilation infringes upon the mented in collaboration with representatives the bill H.R. 3019, supra; as follows: guarantees of rights secured by Federal and of the ethnic groups practicing such mutilation and with representatives of organiza- At the appropriate place in title II of the State law, both statutory and constitu- tions with expertise in preventing such prac- Hatfield substitute amendment, insert the tional; tice. following new sections: (4) the unique circumstances surrounding the practice of female genital mutilation (C) Develop recommendations for the edu- DEPARTMENT OF JUSTICE place it beyond the ability of any single cation of students of schools of medicine and FEDERAL BUREAU OF INVESTIGATION State or local jurisdiction to control; osteopathic medicine regarding female gen- SALARIES AND EXPENSES (5) the practice of female genital mutila- ital mutilation and complications arising from such mutilation. Such recommenda- For an additional amount for emergency tion can be prohibited without abridging the tions shall be disseminated to such schools. expenses necessary to enhance the Federal exercise of any rights guaranteed under the (2) For purposes of this subsection, the Bureau of Investigation’s efforts in the First Amendment to the Constitution or term ‘‘female genital mutilation’’ means the United States to combat Middle Eastern Ter- under any other law; and removal or infibulation (or both) of the rorism, $7,000,000, to remain available until (6) Congress has the affirmative power whole or part of the clitoris, the labia minor, expended: Provided, That such activities under section 8 of article I of the Constitu- or the labia major. shall include efforts to enforce Executive tion, as well as under section 5 of the Four- (f) Subsection (e) shall take effect on the Order 12947 (‘‘Prohibiting Transactions with teenth Amendment to the Constitution, to date of enactment of this Act, and the Sec- Terrorists Who Threaten to Disrupt the Mid- enact such legislation. retary of Health and Human Services shall dle East Peace Process’’) to prevent fund- (c) It is the purpose of this section to pro- commence carrying out such section not raising in the United States on the behalf of tect and promote the public safety and later than 90 days after the date of the enact- organizations that support terror to under- health and activities affecting interstate ment of this Act. Subsection (d) shall take mine the peace process: Provided further, commerce by establishing Federal criminal effect on the date that is 180 days after the That the entire amount is hereby designated penalties for the performance of female gen- date of the enactment of this Act. by Congress as an emergency requirement ital mutilation. pursuant to section 251(b)(2)(D)(I) of the Bal- (d)(1) Chapter 7 of title 18, United States anced Budget Act and Emergency Deficit Code, is amended by adding at the end the REID (AND OTHERS) AMENDMENT Control Act of 1985, as amended: Provided fur- following new section: NO. 3478 ther, That the entire amount shall be avail- ‘‘§ 116. Female genital mutilation Mr. REID (for himself, Mr. LAUTEN- able only to the extent an official budget re- ‘‘(a) Except as provided in subsection (b), quest, for a specific dollar amount, that in- whoever knowingly circumcises, excises, or BERG, Mr. LIEBERMAN, Mr. GRAHAM, cludes designation of the entire amount of infibulates the whole or any part of the labia Mrs. BOXER, Mr. MOYNIHAN, and Mr. the request as an emergency requirement as majora or labia minora or clitoris of another AKAKA) proposed an amendment to defined in the Balanced Budget and Emer- person who has not attained the age of 18 amendment No. 3466 proposed by Mr.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1884 CONGRESSIONAL RECORD — SENATE March 12, 1996 HATFIELD to the bill H.R. 3019, supra; as mittee on Armed Services be author- allow American farmers to grow for the follows: ized to meet at 9:30 a.m. on Tuesday, global market rather than for the Fed- On page 75, strike lines 1 through 9. March 12, 1996, in open session, to re- eral Government. The bill would elimi- On page 412, line 23, strike ‘‘$497,670,000’’ ceive testimony on the Defense author- nate supply control programs and re- and insert ‘‘$501,420,000’’. ization request for fiscal year 1997 and quirements that farmers plant specific On page 412, line 24, after ‘‘1997,’’, insert crops to preserve historical crop bases the following: ‘‘of which $4,500,000 shall be the future years Defense plan. available for species listings under section 4 The PRESIDING OFFICER. Without used to determine Government pay- of the Endangered Species Act of 1973 (16 objection, it is so ordered. ments. These are very positive steps U.S.C. 1533),’’. COMMITTEE ON ARMED SERVICES toward a free market in agriculture. On page 413, strike ‘‘1997:’’ on line 11 and Mr. D’AMATO. Mr. President, I ask Time after time, Michigan farmers all that follows through line 20 and insert have told me that they do not want to ‘‘1997.’’. unanimous consent that the Com- mittee on Armed Services be author- grow for the Government—they want On page 461, line 24, strike ‘‘$1,255,005,000’’ to grow for the marketplace. By extri- and insert ‘‘$1,251,255,000’’. ized to meet at 5 p.m. on Tuesday, On page 462, line 5, before the colon, insert March 12, 1996, in executive session, to cating Michigan’s farmers from bu- the following: ‘‘, of which not more than consider Tailhook and related nomina- reaucratic planting requirements, the $81,250,000 shall be available for travel ex- tions. Freedom to Farm provisions in this bill penses’’. The PRESIDING OFFICER. Without will allow them to produce to meet objection, it is so ordered. consumer demand. HUTCHISON (AND KEMPTHORNE) I would like to discuss an important AMENDMENT NO. 3479 COMMITTEE ON GOVERNMENTAL AFFAIRS change which was made in this bill be- Mr. D’AMATO. Mr. President, I ask Mrs. HUTCHISON (for herself and fore it was brought to the Senate floor. unanimous consent on behalf of the Mr. KEMPTHORNE) proposed an amend- Many Michigan fruit and vegetable ment to amendment No. 3478 proposed Governmental Affairs Committee to growers were concerned about a provi- meet on Tuesday, March 12, at 9 a.m. by Mr. REID to amendment No. 3466 sion originally included in the Free- for a hearing on the subject of human proposed by Mr. HATFIELD to the bill dom to Farm language which would H.R. 3019, supra; as follows: radiation experiments. have allowed farmers receiving Govern- The PRESIDING OFFICER. Without In the language proposed to be stricken, on ment payments to grow fruits and page 75, insert the following: ‘‘Provided fur- objection, it is so ordered. vegetables on their land. In effect, had ther, That no monies appropriated under this SUBCOMMITTEE ON YOUTH VIOLENCE this been implemented, farmers receiv- Act or any other law shall be used by the Mr. D’AMATO. Mr. President, I ask ing subsidies would have been able to Secretary of Commerce to issue final deter- unanimous consent that the Sub- plant nonsubsidized crops. This would minations under subsections (a), (b), (c), (e), committee on the Youth Violence of have put those fruit and vegetable (g) or (i) of section 4 of the Endangered Spe- cies Act of 1973 (16 U.S.C. 1533), until such the Committee on the Judiciary, be au- farmers who have been growing for the time as legislation reauthorizing the Act is thorized to meet during the session of market without Government interven- enacted or until the end of fiscal year 1996, the Senate on Tuesday, March 12, 1996, tion at a disadvantage. Fruit and vege- whichever is earlier, except that monies ap- at 10 a.m., in the Senate Dirksen Build- table farmers who had never received propriated under this Act may be used to ing, Room 226, to hold a hearing on subsidies would have been competing delist or reclassify species pursuant to sub- funding youth violence programs: against subsidized farmers. Members of sections 4(a)(2)(B), 4(c)(2)(B)(I), and should the strings be cut? the committee corrected this problem 4(c)(2)(B)(ii) of the Endangered Species Act, The PRESIDING OFFICER. Without and may be used to issue emergency listings before Senate floor consideration. The under section 4(b)(7) of the Endangered Spe- objection, it is so ordered. bill which passed the Senate maintains cies Act.’’ SUBCOMMITTEE ON AFRICAN AFFAIRS current policy which does not allow On page 412, lines 23, strike ‘‘$497,670,000’’ Mr. D’AMATO. Mr. President, I ask nonprogram crops to be grown on con- and insert ‘‘$407,670,001’’. unanimous consent that the Sub- tract acres. On page 412, lines 24, after ‘‘1997,’’, insert During consideration of the farm bill, the following: ‘‘of which $750,001 shall be committee on African Affairs of the Senator WELLSTONE offered an amend- available for species listings under section 4 Committee on Foreign Relations be au- of the Endangered Species Act of 1973 (16 thorized to meet during the session of ment to delete language in the bill U.S.C. 1533),’’. the Senate on Tuesday, March 12, 1996, which provided congressional consent In the language proposed to be stricken, at 2 p.m. to hold hearing. for the Northeast dairy compact. This strike all after the word 1997 on page 413, line The PRESIDING OFFICER. Without compact would allow member States to 11, through the word Act on page 413, line 20, objection, it is so ordered. set the price for fluid milk above the and insert the following: ‘‘Provided further, existing Federal order. Thus, the com- f That no monies appropriated under this Act pact would have been an additional or any other law shall be used by the Sec- ADDITIONAL STATEMENTS retary of the Interior to issue final deter- step away from free market competi- minations under subsections (a), (b), (c), (e), tion in that it would establish a subsidy within a subsidized industry. Not (g) or (i) of section 4 of the Endangered Spe- FREEDOM TO FARM cies Act of 1973 (16 U.S.C. 1533), until such only would the compact raise the price time as legislation reauthorizing the Act is ∑ Mr. ABRAHAM. Mr. President, after of milk among the New England enacted or until the end of fiscal year 1996, months of discussion and debate on States, it would set a disturbing prece- whichever is earlier, except that monies ap- farm legislation, I was pleased that the dent by allowing States to insulate propriated under this Act may be used to Senate passed a farm bill Thursday, themselves from competition. Mr. delist or reclassify species pursuant to sub- February 7, which implements revolu- sections 4(a)(2)(B), 4(c)(2)(B)(I), and President, in this farm bill which at- 4(c)(2)(B)(ii) of the Endangered Species Act, tionary steps toward a free market ag- tempts to move the United States to- and may be used to issue emergency listings riculture system. With farmers begin- ward free market agriculture, the under section 4(b)(7) of the Endangered Spe- ning to plan for the upcoming growing Northeast dairy compact would have cies Act.’’ season, the urgency to pass a farm bill been a dangerous step backward. I was On page 461, lines 24, strike ‘‘$1,255,005,000’’ lead to a compromise bill which, while pleased to support Mr. WELLSTONE’s and insert ‘‘$1,255,004,999’’. it certainly could have taken bolder amendment which passed by a 50 to 46 On page 462, lines 5, before the colon, insert moves toward free market agriculture, the following: ‘‘, of which not more than vote. $81,249,999 shall be available for travel ex- is a step in the right direction. This The bill as written increases the in- penses’’. bill offers reform, opportunity, and terest rate for price support loans for f flexibility for farmers in a fiscally re- farmers through the Commodity Credit sponsible way. Corporation by 1 percent. Senator HAR- AUTHORITY FOR COMMITTEES TO The most significant reforms of cur- KIN offered an amendment which would MEET rent farm programs in this bill are the have eliminated this increase. While it COMMITTEE ON ARMED SERVICES Freedom to Farm provisions which is important for farmers to have access Mr. D’AMATO. Mr. President, I ask eliminate agriculture subsidies over to affordable loans, I opposed Senator unanimous consent that the Com- the next 7 years. Freedom to Farm will HARKIN’s amendment. His amendment

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1885 would have cost the American tax- to dump their excess sugar on the without jobs is public relations and not payers $260 million. Yet, even with the world market at very low prices. Elimi- welfare reform. increase, interest rates on price sup- nating our sugar program completely Recently he had a commentary in the port loans would remain below com- would give our sugar producers—some Chicago Defender on this question of mercial rates. Mr. President, this Con- of the best producers in the world—a jobs which I ask to be printed in full in gress has been dedicated to efforts to trade disadvantage in the world mar- the RECORD. reduce the U.S. budget deficit. The ket. Unilateral elimination of our The article follows: price tag on Mr. HARKIN’s amendment, sugar program would put the most effi- [From the Chicago Defender, Feb. 26, 1996] coupled with the fact that the loan cient sugar producers in the world at a AMERICA NEEDS TO REVITALIZE WORK rates are lower than commercial rates, competitive disadvantage to other pro- PHILOSOPHY even with the 1 percent increase, lead ducers. Furthermore, the notion that (By Hugh B. Price) me to oppose Mr. HARKIN’s amendment other countries would follow our lead The widening gap between rich and poor in which failed by a vote of 37 to 59. and eliminate their support programs America is threatening our democracy. Senator HARKIN offered a second on their own is ridiculous. Workers are being laid off by the thousands, amendment which would have rein- Mr. President, I have introduced leg- companies are downsizing, families are fall- stated the Farmer Owned Grain Re- islation which would completely elimi- ing apart and the ranks of the poor and serve. Under this program, which is no nate the U.S. agricultural price sup- homeless seem to be growing. longer in existence, the Federal Gov- port and production adjustment pro- Yet experts tell us the economy is on the grams for sugar contingent upon a upswing. ernment paid grain farmers for grain Certainly, good things are happening. put in storage. This created a grain GATT agreement which would elimi- Many cities are upgrading their ‘‘quality of surplus which depressed prices. Farm- nate export subsidies and price sup- life industries’’ by revitalizing their business ers I have talked to in Michigan are op- ports in other countries. While I firmly districts and neighborhoods, building new posed to the grain reserve—they under- believe that the free market should be sports stadiums, museums and sparkling res- stand that farmers cannot store them- allowed to work, it will not work if the taurant districts. But in those and in so selves into prosperity. This amendment most efficient producers are put at a many urban centers, the poor, the unem- would have been out of place in a farm competitive disadvantage. As I have ployed and the homeless can’t afford to use those facilities. bill which attempts to have farmers said in the past, I will continue to fight diligently on the side of free trade. I When you see them there, they’re often produce for the market instead of for begging or sleeping in doorways. That’s not the Government. Along with 60 of my will continue to work to eliminate ex- supposed to happen in America. colleagues, I opposed this amendment. port subsidies and other price supports From what I’ve seen in traveling through Senator SANTORUM who has been a worldwide so that we may eventually dozens of cities, the plight of the poor is in strong, consistent opponent of our out- achieve true free trade. stark contrast to economists’ claims that in- dated, feudalistic peanut program, of- Senator DORGAN offered an amend- flation is leveling, that interest rates have fered an amendment which would have ment which would have mandated that fallen and that unemployment is declining. in order to receive Government pay- Americans are justifiably worried and skep- made more drastic changes to the pea- tical about their future. Cities define civili- nut program than were included in the ments, farmers must grow program crops. While on the surface this ap- zations. Vibrant cities boost our morale; de- bill. Unfortunately, a majority of caying and dangerous cities depress us and Members of the Senate voted to table pears to be a reasonable amendment, it scare off tourists. the amendment thereby effectively flies in the face of the Freedom to If the poor, the homeless and the have-nots killing it. I voted against tabling the Farm provisions. Through Freedom to have no role in the rebirth of our cities, their amendment because I believe we should Farm, over the next 7 years, farmers welcome revival efforts won’t reach their have had an opportunity to support who have received payments in 3 of the fullest potential. Government policymakers, business leaders and economists must devise further changes in the peanut program. past 5 years will receive guaranteed payments—regardless of how they use a work-based system of self-reliance that Senator SANTORUM’s amendment would lifts the urban poor out of poverty and al- have phased out the quota system their acreage. After 7 years, however, the payments will stop. Over the 7 lows them to support their families with dig- which was established during the de- nity. Of course, such planning must include pression to guarantee a high price for years during which payments will be education and training in current and new peanut producers. In order to do this, provided, farmers are expected to tran- skills. sition from producing for the Govern- the Government issued quotas. Only Job creation programs must be established ment to producing for the marketplace. for employable but unemployed people in the holders of these quotas would be al- For the Government to dictate—in any communities where there simply are not lowed to grow peanuts. The quota hold- way—how the farmers are to use their enough jobs to go around. ers are now selling the right to grow land would be counterproductive and The approach must be holistic, because peanuts at extremely high prices which would serve only to make it more dif- while it’s one thing to instill potential work- increases the price of peanuts to the ers with proper work skills, it’s another ficult for us to accomplish free market consumer. Under the peanut program, thing to inculcate workers with the job agriculture. For these reasons, I did the Government dictates who has the know-how that employers require, such as not support Senator DORGAN’s amend- right to grow peanuts and the amount punctuality, politeness and reliability. ment which failed in a 48 to 48 vote. Here are a few examples of new initiatives they are allowed to grow. Mr. Presi- Mr. President, I am pleased that both some of our urban league affiliates have un- dent, I voted against the motion to the House and Senate were able to pass dertaken: table the Santorum amendment and farm bills. I am hopeful that the con- In Detroit, plans are underway to establish believe that we should go further than ferees will act quickly to finalize this an Employment Training and Education the bill which passed to eliminate the legislation so that America’s farmers Center that will provide GED certification peanut quota system. and computer training courses. Instruction can begin to plan for the upcoming sea- in occupational, employability, entrepre- I was pleased to vote with 60 of my son and grow for the market.∑ colleagues in opposition to the Gregg neurship and customer service skills will be amendment which would have elimi- f offered, along with an automated job search system and a day-care facility. nated the new sugar provisions from AMERICA NEEDS TO REVITALIZE In Los Angeles, the Urban League and Toy- the farm bill. Senator GREGG’s amend- WORK PHILOSOPHY ota are partners in operating a modern train- ment would have left the sugar pro- ∑ Mr. SIMON. Mr. President, one of the ing facility that will enable residents from gram as it is today in the hopes of most impressive executives in America the South Central community to learn all eliminating the program completely today is Hugh Price, executive director facets of automobile servicing and repair. when it expires in 1997. of the National Urban League. If our cities and our society are to prosper, Mr. President, the sugar program is His commonsense approach to our if we are to continue to be the leader of the different than many other agriculture industrialized world, we must reverse so- needs is appreciated. One of the things cially corrosive economic trends that under- programs in that it is necessary to he has been stressing over and over is mine public confidence. keep a trade balance with other coun- the need to have jobs for people. America urgently needs to reorganize its tries. Sugar is highly subsidized in As I have said so frequently on the employment and income policies so that the other countries, allowing the producers floor of the Senate, welfare reform 21st century will be the century when, once

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1886 CONGRESSIONAL RECORD — SENATE March 12, 1996 and for all, we make America work for all [From the New York Times, Feb. 8, 1996] After three arrests in one year, the police Americans. ∑ IT TAKES A VILLAGE TO DESTROY A CHILD are supposed to—by their own guidelines— (By Alex Kotlowitz) refer a child to juvenile court in the hope f that he or she might receive help. That was OAK PARK, ILL.—The crime is so heinous it never done in James’s case. ‘‘This was a VALLEY HAVEN SCHOOL’S 20TH makes me shake with anger. In the early child in crisis,’’ Ms. Kaplan said. ‘‘Here’s an evening hours of Oct. 13, 1994, two boys, 10 ANNIVERSARY HIKE/BIKE/RUN 11-year-old child who was expressing in the and 11 years old, dangled and then dropped 5- only way a child can that something’s ∑ Mr. SHELBY. Mr. President, I would year-old Eric Morse from the 14th floor of a wrong.’’ like to take a moment and bring to my Chicago public housing complex, because Now the village vigorously debates not colleagues’ attention the 20th anniver- Eric wouldn’t steal candy for them. how we failed James but what we should do His killers displayed no remorse. In court, sary of the Valley Haven School Hike- with him: Send him to a youth prison or to the younger of the two, who could barely see a residential center, where the emphasis is Bike-Run. The Valley Haven School, the judge above the partition, mouthed ob- located in Valley, AL, is a school for on rehabilitation? The judge who presided scenities at reporters covering the trial. Last over this case, Carol Kelly, has a reputation mentally retarded and multiple handi- week, they became the youngest offenders for siding with the prosecution. Indeed, she capped citizens of all ages. Started 37 ever sent to prison in Illinois. And they have chose to send the two boys to prison, stipu- years ago by volunteers, the school is come to symbolize the so-called super-preda- lating that they receive therapy. But when now professionally staffed and cur- tors, children accused of maiming or killing asked what could be learned from this case, rently offers skilled training to 95 stu- without a second thought. Judge Kelly says: ‘‘Let’s focus on what Unsurprisingly, both boys had fathers who brought them to this point. What happened dents ranging in age from 3 months to were in prison. One had a mother who, ac- to them? What didn’t happen to them? What 60 years. cording to school records, repeatedly missed can we do so we don’t have other Eric Mr. President, local monies of counseling sessions. The other mother, ac- Morses?’’ $100,000 must be raised each year to cording to court records, battled a drug ad- I’m haunted by one image in particular. meet operating expenses and match diction. I don’t mention the parents of these When the two boys dropped Eric from the State and Federal grants. The primary children to excuse the crime. Nor do I men- window, Eric’s 8-year-old brother ran down source of these funds is the annual tion this to state the obvious: In the absence the 14 flights as fast as he could. He later Hike-Bike-Run, which consists of a 5- of loving, nurturing, discipline-minded testified that he was hoping to catch Eric. adults, children become lost. or 10-mile walk, an 11- or 22-mile bike Eric’s brother did more than any one else to Rather, I want to point out that while we try to save his little brother. ride, a skate-a-thon, a 1-, 3.1-, or 6.2- can talk about strengthening families, there mile run, a 5-mile bike ride for chil- He and Eric are victims of James and his will be little success until we also find a way cohort—and of the village guardians who dren, and the trike trek for pre- to strengthen our communities. We profess failed them. James and his 10-year-old part- schoolers. homage to the well-worn aphorism that it ner were not headed for trouble, they were Each participant in the Hike-Bike- takes a village to raise a child. But where in well into it. Yet, no adult intervened. Run obtains pledges for their participa- the case of these boys—and ultimately in the These boys come from a neighborhood poor tion, and all proceeds go directly to case of Eric Morse—was the village? in spirit and resources. It we can’t help re- Let’s take a look at the older of the two build their community, using schools as a Valley Haven to support the education boys, whom I will call James. He attended and training for handicapped students. foundation, we’ll all end up running furi- the primary and intermediate J.R. Doolittle ously down those stairs hoping, praying, that In 1995, this one day fundraiser in- Schools, two buildings which butt up against we can catch yet one more child dropped by volved over 1,000 participants and 8,000 the drab-looking Ida B. Wells public housing their families and by the institutions that pledging sponsors. The event generated complex. According to school documents, presumably serve them. It will almost al- over $100,000 in pledges to support the James earned mediocre grades, mostly C’s, ways be too late. ∑ work of the school. and then in the third grade, when his father was arrested, his grades plunged. He couldn’t f Mr. President, I would like to con- sit still in class. He fought other students. BUDGET SCOREKEEPING REPORT gratulate and commend Valley Haven In fourth grade, the school ordered a psy- and the entire Valley community for chological evaluation, which recommended ∑ Mr. DOMENICI. Mr. President, I here- displaying such strong support and only tutoring. That same year, he flunked by submit to the Senate the budget concern for these special students. This every subject, including gym and music. scorekeeping report prepared by the year’s Hike-Bike-Run will be held on Nonetheless, the school promoted him. The Congressional Budget Office under sec- Saturday, May 4, and I know that the next year at his new school, he missed 23 tion 308(b) and in aid of section 311 of community will once again unite to days. Because of low marks, he repeated the the Congressional Budget Act of 1974, fifth grade. as amended. This report meets the re- support this wonderful program and Why didn’t the school administrators sense help Valley Haven School help its stu- that something was amiss in this child’s life? quirements for Senate scorekeeping of dents.∑ Part of the problem may be that the primary section 5 of Senate Concurrent Resolu- school of 700 students could afford only once- tion 32, the first concurrent resolution f a-week visits by a psychologist and social on the budget for 1986. worker. And truant officers were axed three This report shows the effects of con- IT TAKES A VILLAGE TO DESTROY years ago by the financially strapped Chi- gressional action on the budget A CHILD cago Public Schools. through March 7, 1996. The estimates of ∑ Mr. SIMON. Mr. President, a few One afternoon when James was on his way budget authority, outlays, and reve- to pick up his cousin, he witnessed a gang years ago I read a book by Alex member shoot and kill a rival. James was 9 nues, which are consistent with the Kotlowitz, then a reporter for the Wall at the time. His lawyer, Michelle Kaplan, technical and economic assumptions of Street Journal, titled ‘‘There are no said he was standing 10 feet from the victim. the 1996 concurrent resolution on the Children Here: The Story of Two Boys No adult offered him counseling. No one budget House Concurrent Resolution Growing Up in the Other America.’’ It stepped in to make sure that such an inci- 67, show that current level spending is is one of the best books I have read in dent didn’t happen again. above the budget resolution by $15.7 the last few years. In most communities, such an event would billion in budget authority and by $16.9 It tells with gnawing detail how the have brought quick attention, I’m reminded billion in outlays. Current level is $81 of the day in 1988, when Laurie Dann, a de- lives of people deteriorate in our cen- ranged woman, walked into an elementary million below the revenue floor in 1996 tral cities. School in Winnetka, Ill., and shot six chil- and $5.5 billion above the revenue floor Recently, he had an excellent op-ed dren, killing an 8-year-old boy. Psychologists over the 5 years 1996–2000. The current piece in the New York Times titled ‘‘It were brought in to counsel the students, estimate of the deficit for purposes of Takes a Village to Destroy a Child,’’ their parents and teachers. The governor calculating the maximum deficit which I ask to be printed in the called for tighter school security. Some poli- amount is $262.6 billion, $17.0 billion RECORD. ticians demanded tougher gun control laws. above the maximum deficit amount for His title is obviously a take-off on James received no such attention. In the six months before Eric’s murder, the police 1996 of $245.6 billion. the title of the book by Mrs. Clinton, arrested James eight times on relatively Since my last report, dated February but what he has to say ought to disturb minor charges from shoplifting to possession 27, 1996, Congress cleared for the Presi- the consciences of all of us. of ammunition, presumably bullets. Each dent’s signature an act providing tax The article follows: time the police released him. benefits for members of the Armed

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1887 Forces performing peacekeeping serv- THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. 5 In accordance with the Budget Enforcement Act, the total does not include $3,417 million in budget authority and $1,590 million in outlays for ices in Bosnia and Herzegovina, Cro- SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- funding of emergencies that have been designated as such by the President atia, and Macedonia (H.R. 2778). This PORTING DETAIL FOR FISCAL YEAR 1996 AS OF CLOSE and the Congress. 6 Less than $500,000. action changed the current level of rev- OF BUSINESS MAR. 7, 1996—Continued Notes.—Detail may not add due to rounding.• enues. [In millions of dollars] f The report follows: Budget Outlays Revenues READ THE RIOT ACT TO CHINA U.S. CONGRESS, authority ∑ CONGRESSIONAL BUDGET OFFICE, Mr. SIMON. Mr. President, in re- 1995 Rescissions and Emer- Washington, DC, March 11, 1996. gency Supplementals for sponse to the irresponsible statements Hon. PETE V. DOMENICI, Disaster Assistance Act by China recently about Taiwan and Chairman, Committee on the Budget, (P.L. 104–19) ...... 22 ¥3,149 ...... Agriculture (P.L. 104–37) ..... 62,602 45,620 ...... their relationship with the United Senate, Washington, DC. Defense (P.L. 104–61) ...... 243,301 163,223 ...... States, the Chicago Tribune had an ex- Energy and Water (P.L. 104– DEAR MR. CHAIRMAN: The attached report 46) ...... 19,336 11,502 ...... cellent editorial which I ask to be for fiscal year 1996 shows the effects of Con- Legislative Branch (P.L. 105– printed in full in the RECORD. gressional action on the 1996 budget and is 53) ...... 2,125 1,977 ...... Military Construction (P.L. While I differ some with my friend current through March 7, 1996. The estimates 104–32) ...... 11,177 3,110 ...... Senator DIANNE FEINSTEIN, the other of budget authority, outlays and revenues Transportation (P.L. 104–50) 12,682 11,899 ...... day she told me that the United States are consistent with the technical and eco- Treasury, Postal Service (P.L. 104–52 ...... 23,026 20,530 ...... should stop zigzaging all over the place nomic assumptions of the 1996 Concurrent Offsetting receipts ...... ¥7,946 ¥7,946 ...... Resolution on the Budget (H. Con. Res. 67). Authorization bills: in terms of China policy. Self-Employed Health Insur- I could not agree with her more. This report is submitted under Section 308(b) ance Act (P.L. 104–7) ...... ¥18 ¥18 ¥101 and in aid of Section 311 of the Congressional Alaska Native Claims Settle- Our policy should be consistent so Budget Act, as amended. ment Act (P.L. 104–42) .... 1 1 ...... that both China and Taiwan under- Fishermen’s Protective Act Since my last report dated February 14, Amendments of 1995 (P.L. stand where we are. We are not hostile 104–43) ...... (6) ...... to China. We are not hostile to Taiwan. 1996, Congress has cleared for the President’s Perishable Agricultural Com- signature an act providing Tax Benefits for modities Act Amendments We want to be friends with both. Members of the Armed Forces Performing of 1995 (P.L. 104–48) ...... 1 (6) 1 China must also understand that if Alaska Power Administration Peacekeeping Services in Bosnia and Sale Act (P.L. 104–58) ..... ¥20 ¥20 ...... there is a tilt from time to time be- Herzegovina, Croatia and Macedonia (H.R. ICC Termination Act (P.L. tween a democracy and a dictatorship, 104–88) ...... ¥(6) 2778). This action changed the current level the tilt of the United States of Amer- of revenues. Total enacted first session 366,191 245,845 ¥100 ica will be to democracy. Sincerely, The article follows: JAMES L. BLUM, ENACTED IN SECOND SESSION (For June E. O’Neill, Director). Appropriation bills: [From the Chicago Tribune, Jan. 25, 1996] Seventh Continuing Resolu- READ THE RIOT ACT TO CHINA tion (P.L. 104–92) 1 ...... 13,165 11,037 ...... THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- Ninth Continuing Resolution China has gone too far. According to press CAL YEAR 1996, 104TH CONGRESS, 2D SESSION, AS (P.L. 104–99)1 ...... 792 ¥825 ...... reports from Beijing, China has drawn up Foreign Operations (P.L. OF CLOSE OF BUSINESS MAR. 11, 1996 104–107) ...... 12,104 5,936 ...... plans for possible attacks on Taiwan after [In Billions of dollars] Offsetting receipts ...... ¥44 ¥44 ...... that island-state completes it first demo- Authorization bills: Gloucester Marine Fisheries cratic presidential elections in March. Budget Current Act (P.L. 104–92)2 ...... 30,502 19,151 ...... But it doesn’t stop there: China also has resolution Current level over/ Smithsonian Institution Com- issued veiled threats to hit America with nu- (H. Con. level1 under reso- memorative Coin Act (P.L. Res. 67) lution 104–96) ...... 3 3 ...... clear missiles if the U.S. military intervenes. Saddleback Mountain—Ari- The U.S. has shown extraordinary patience ON-BUDGET zona Settlement, Act of with China, hoping by sweet reason and con- ¥ Budget authority ...... 1,285.5 1,301.2 15 .7 1995 (P.L. 104–102) ...... 7 ...... Telecommunications Act of structive engagement to coax it into behav- Outlays ...... 1,288.1 1,305.0 16.9 3 Revenues: 1996 (P.L. 104–104) ...... ing reasonably, constructively—and peace- 1996 ...... 1,042.5 1.042.4 ¥0.1 Farm Credit System Regu- fully. 1996–2000 ...... 5,691.5 5,697.0 5.5 latory Relief Act (P.L. 104–105) ...... ¥1 ¥1 ...... But threats of war are intolerable. Amer- Deficit ...... 245.6 262.6 17.0 ica must put an end to Beijing’s strutting Debt Subject to Limit ...... 5,210.7 4,900.0 ¥310.7 National Defense Authoriza- tion Act of 1996 (P.L. and bullying. President Clinton must imme- OFF-BUDGET 104–106) ...... 369 367 ...... Extension of Certain Expiring diately let the Chinese know in no uncertain Social Security Outlays: Authorities of the Depart- terms that the U.S. military will guarantee 1996 ...... 299.4 299.4 0 ment of Veterans Affairs Taiwan’s territorial integrity from missile ¥ ¥ 1996–2000 ...... 1,626.5 1,626.5 0 (P.L. 104–111) ...... 5 5 ...... attack or invasion. And he must back that Social Security Revenues: To award Congressional Gold 1996 ...... 374.7 374.7 0 Medal to Ruth and Billy warning with action: dispatching an aircraft 1996–2000 ...... 2,061.0 2,061.0 0 Graham (P.L. 104–111) .... (6) (6) ...... carrier task force off the Taiwanese coast, 1 Current level represents the estimated revenue and direct spending ef- Total enacted second ses- perhaps, or sending a contingent of Amer- fects of all legislation that Congress has enacted or sent to the President sion ...... 56,884 35,613 ...... ican soldiers to the island as a tripwire. for his approval. In addition, full-year funding estimates under current law But Clinton must do more: He must tell are included for entitlement and mandatory programs requiring annual ap- PENDING SIGNATURE propriations even if the appropriations have not been made. The current the gerontocrats in Beijing that even so level of debt subject to limit reflects the latest U.S. Treasury information on An Act Providing for Tax Benefits much as a hint of an attack on the United public debt transactions. for Armed Forces in Bosnia, Herzegovina, Croatia, and Mac- States will bring consequences for China edonia (H.R. 2778) ...... ¥38 more horrible than they can imagine. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. The U.S. dollar had a roller-coaster ride CONTINUING RESOLUTION SENATE, 104TH CONGRESS, 2D SESSION, SENATE SUP- AUTHORITY Wednesday on rumors and denials of war- PORTING DETAIL FOR FISCAL YEAR 1996 AS OF CLOSE mongering from China. It started when The Ninth Continuing Resolution (P.L. OF BUSINESS MAR. 7, 1996 104–99)4 ...... 116,863 54,882 ...... New York Times quoted Chas. W. Freeman, a [In millions of dollars] former assistant defense secretary, as saying ENTITLEMENTS AND MANDATORIES China has plans for launching a missile a day Budget resolution baseline esti- against Taiwan should Beijing perceive the Budget Outlays Revenues authority mates of appropriated entitle- island striding too quickly toward independ- ments and other mandatory ence. ENACTED IN PREVIOUS SESSIONS programs not yet enacted ...... 131,056 127,749 ...... Total Current Level5 ...... 1,301,247 1,305,048 1,042,419 Even more chilling were comments that Revenues ...... 1,042,557 Total Budget Resolution ...... 1,285,500 1,288,100 1,042,500 the Chinese feel they can act with impunity Permanents and other spending Amount remaining: legislation ...... 830,272 798,924 ...... Under Budget Resolution ...... 81 because American leaders ‘‘care more about Appropriation legislation ...... 242,052 ...... Over Budget Resolution ...... 15,747 16,948 ...... Los Angeles than they do about Taiwan’’— Offsetting receipts ...... ¥200,017 ¥200,017 ...... 1 P.L. 104–92 and P.L. 104–99 provides funding for specific appropriated interpreted as a threat to launch nuclear Total previously enacted ... 630,254 840,958 1,042,557 accounts until September 30, 1996. missiles against the U.S. to deter involve- 2 This bill, also referred to as the sixth continuing resolution for 1996, ment. ENACTED IN FIRST SESSION provides funding until September 30, 1996 for specific appropriated accounts. No response can be too muscular in warn- Appropriation bills: 3 The effects of this Act on budget authority, outlays and revenues begin ing China that even such fortune-cookie- 1995 Rescissions and De- in fiscal year 1997. style threats are intolerable. After all, this partment of Defense 4 This is an annualized estimate of discretionary funding that expires Emergency Supplementals March 15, 1996, for the following appropriation bills: Commerce-Justice, In- is the same China that violates nonprolifera- Act (P.L. 104–6) ...... ¥100 ¥885 ...... terior, Labor-HHS-Education and Veterans-HUD. tion treaties by shipping ballistic missiles to

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1888 CONGRESSIONAL RECORD — SENATE March 12, 1996 Pakistan and by selling equipment for manu- I applaud what we are finally doing S. Sankawulo, the former schoolteacher who facturing chemical weapons to Iran. This is in Bosnia. is chairman of Liberia’s governing Council of the same China that stands accused of oper- In no country in Africa do we have State. ‘‘But they said go home first and ating an island-like chain of slave-labor greater responsibility than in Liberia, prove that you are serious.’’ camps and of dealing with unwanted orphans Liberia has been the first instance in by allowing them to starve to death. where it was sometimes viewed as an which a regional organization, namely the Beijing needs to understand that the American colony because it was found- Economic Community of West African American eagle offers a choice. The first, an ed by former American slaves. States, or Ecowas, has acted with the official olive branch, promises peaceful intercourse Their ties to the United States have sanction of the United Nations to end a civil and free trade. But the other claw holds the been long. war. Nigeria has led this effort from the mightiest quiver of arrows the world has And when there was a dictatorship in start, spending an estimated $4 billion. But ever known, and America is ready to use Liberia, we did not hesitate to cooper- with major political and economic crises at them.∑ ate with that dictatorship. An article home, diplomats say Nigeria cannot now carry out Liberia’s peace agreement without f by Howard W. French recently ap- substantially more outside help. FAIRBANKS, THE ICE CAPITAL OF peared in the New York Times which I Foreign diplomats say the most critical THE WORLD ask to be printed in the RECORD. immediate element is giving the 7,500-man Now that the dictatorship is gone and Nigerian-led peacekeeping force—known as ∑ Mr. MURKOWSKI. Mr. President, On chaos has followed, our concerns ap- Ecomog, for the Ecowas monitoring group— March 17, 1996, the great Alaskan city pear to be minimal. the means to deploy throughout the country; of Fairbanks, my hometown, is hosting The article follows. the trucks and helicopters pledged but not the World Ice Sculpting Championships yet delivered by the Americans, and more [From the New York Times, Jan. 23, 1996] troops from poor West African countries, as part of the annual Fairbanks Winter IS WEST SLIGHTING AFRICA’S HOT SPOTS LIKE which would require financing from the out- Carnival. The organizers of the event LIBERIA? side world. have discovered that Alaska has the (By Howard W. French) Unlike other crises in which the United best ice in the world for ice sculpting. MONROVIA, LIBERIA, January 22.—When the Nations send its own peacekeepers and di- In 1988 they invited ice sculpting teams American delegate to the United Nations, rectly assess contributions from members, from Chicago and China to come to Madeleine K. Albright, stopped here briefly international fund-raiding for Liberia has Fairbanks in hopes of reviving the art on Wednesday during a tour of several Afri- been conducted through voluntary donor conferences that have garnered sparse con- of ice sculpting. At the time, they were can countries, there were the predictable pledges of assistance from Washington to tributions. unaware of the fine quality of Alaskan On top of the outside world’s reluctance to war-torn Liberia. contribute to an African-led peacekeeping ef- ice, so to make sure they had the right But along with the promise of helicopters fort, which has embittered many of this re- ice for the guest instructors they and trucks to help in the disarming of com- gion’s leaders, there is the additional com- brought in blocks of ice from Seattle, batants in a devastating six-year civil war, plication of deeply strained relations be- WA. In addition, however, they har- there was also a stern warning that the tween the United States and Nigeria over the international community had little patience vested some local ice for comparison. latter’s human rights situation. As a surprise result, they discovered for crisis-ridden African countries that failed Rather than being turned over to the Nige- that Alaskan ice is superior to any to settle their own problems. rian-led peacekeepers, as is the practice in other ice found in the world. They now ‘‘We have no intention of our logistical most international efforts of this sort, the support being squandered by anyone’s failure export Alaskan ice to such far away troop trucks promised by the United States of political will,’’ Mrs. Albright said at an are leased vehicles that, at Washington’s in- places as Frankenmuth, MI, for ice airport news conference, straining at times sculpting. sistence, will be operated only by private to be heard over a Nigerian transport plane contractors to keep them out of Nigerian The organizers of this event believe ferrying in new peacekeepers. ‘‘Delay,’’ she hands. that because of the superiority of Alas- said, can ‘‘no longer be in the vocabulary’’ of ‘‘The resources of Ecomog have been kan ice and other favorable conditions, Liberia’s political actors. stretched to the limit, and it would be wrong they have been able to attract a grow- But for many African leaders and dip- and unfair for the international community lomats, the trip of Mrs. Albright—the high- to expect it to proceed further without get- ing number of artisans to participate est-ranking American to visit Liberia since in the Fairbanks ice art ice sculpting ting it more help,’’ said Anthony Nyaki, the Secretary of State George Shultz came here United Nations special representative to Li- championships. This year, Fairbanks is before the war that killed more than 150,000 beria. ‘‘Because of the unique mandate given proudly hosting 67 teams from coun- people—inadvertently underscored another by the U.N. to the West Africans whatever tries around the world including China, point: by the time African crises receive this happens here will be precedent-setting. Korea, Holland, Belgium, Brazil, Chile, level of outside attention, the moment for ‘‘In five days as much is spent in Bosnia as Japan, France, Russia, Canada, and the averting catastrophe or sealing the peace has was spent in a whole year on Liberia,’’ he contiguous United States. all too often passed. said. ‘‘If this is allowed to fail, the question The most critical obstacle to fulfilling the Fairbanks is able to successfully host will become more pertinent than ever why Liberian peace agreement reached last Au- the outside world cares so little for Africa.’’ this event through the hard work of gust, these African officials say, has been the The comparison with Bosnia is one that volunteers. The organizers hope to con- delay in getting the kind of international re- comes up again and again in conversations tinue to host the world championships sponse needed to carry out a disarmament with African officials throughout this re- every year except during years when program and remark this country’s shat- gion, and it is one that inspires cynicism the Winter Olympics are held. I am tered economy. among many. confident that this year Fairbanks, In this regard, African officials argue, the The international community was slow to handling of the Liberian crisis by the outside act and committed far too few resources to AK, will hold one of the biggest and world strongly resembles the ambivalent or managing crises like the transition to de- best Winter Carnival’s ever. My con- tardy international response to past crises in mocracy in war-torn Angola or the preven- gratulations to the organizers and vol- other stops on Mrs. Albright’s itinerary: An- tion of a genocidal civil war in Rwanda, Afri- unteers for all their effort and hard gola, Rwanda and Burundi. can diplomats say. And in Burundi today, work.∑ In Liberia, despite widespread skepticism where the signs of a possible Rwanda-style about its prospects, a cease-fire has largely civil war are multiplying, the same reluc- f held for months. But recent days have seen tance to act seems apparent to many. IS WEST SLIGHTING AFRICA’S HOT the first serious signs of an unraveling of the ‘‘Since Somalia ended, I have attended SPOTS LIKE LIBERIA? country’s settlement, as unruly fighters of three major conferences on the lessons of one of the country’s several armed factions that crisis, but these lessons never seem to ∑ Mr. SIMON. Mr. President, I am con- have killed as many as 50 West African be learned,’’ said Victor Gbeho, a Ghanaian cerned about the deterioration in Libe- peacekeepers. diplomat who represents the West African ria, Burundi, and a few other nations. Diplomats say the fighting began because economic community here and was the The pattern in Bosnia is for the of the economic desperation of the militia United Nations special envoy to Somalia at United States and other nations to members, who are often unschooled boys, the height of that country’s crisis. wait until the situation deteriorates and add that the conflict nearly flared out of ‘‘For some reason it still takes far too long control because of the limited means avail- to get the international community to react very, very badly—until hundreds of able to a short-handed and poorly equipped to African crises, to realize their pledges of thousands of people are killed—and peacekeeping force. support and work through their bureaucratic then the United States and the commu- ‘‘Last fall, the American Government mazes,’’ Mr. Gbeho said. ‘‘It took the Ameri- nity of nations move in. pledged $75 million to help us,’’ said Wilton cans one week to raise $1.8 billion for Bosnia.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1889 If I were paranoid, I would say the delays we backed South Lebanon Army militiamen one thing that we hear going down the always face here are due to the fact that we from an occupied border enclave in South road every day from the people who are dealing with Africa.’’∑ Lebanon. live in my State of Montana it is the Israel established the enclave, known as a f way we write our rules and regulations ‘‘security zone,’’ in 1985 as a buffer against THE HEZBALLAH CONFESSION cross-border guerrilla attacks on its north- here in Washington. This regulatory reform bill addresses those fears. This ∑ ern towns. Mr. D’AMATO. Mr. President, I rise Hezbollah guerrillas mounted a string of bill was reported out of the Small Busi- today to discuss something that most attacks on Israeli troops in the ‘‘security ness Committee with strong bipartisan people who follow the subject, I am zone’’ Sunday, killing one and wounding five. support for the work that was done by sure already knew, but is nevertheless Nasrallah also said that Syria, the main Senator BUMPERS, who was chairman an interesting admission. In a Reuters power broker in Lebanon, was facilitating of that committee and has worked on Hezbollah’s arms supplies through routes in interview, yesterday, Sheik Hassan this issue for so long, and I am sorry Nasrallah, Secretary General of northern and eastern Lebanon. Syria maintains an estimated 40,000 troops that it will not be allowed to come to Hezballah in Lebanon, flatly admitted in Lebanon, ostensibly as peacekeepers to the floor. to Iranian funding when he said: prevent a rekindling of the 1975–90 civil war. Mr. REID. Will my friend yield? We are not shy and they (Iranians) are not Nasrallah said since Hezbollah was founded Mr. BURNS. Yes. afraid about it . . . we don’t hide Iranian in 1982 following the Israeli invasion of Leb- Mr. REID. I say to my friend, I per- support. There is no need to deny that we re- anon that year, Syria has provided the party sonally feel as if the unanimous-conceive financial and political support from with ‘‘a political cover, moral support and sent request is excellent. I think the Iran. field facilities.’’ content of the unanimous-consent re- ‘‘Syrian forces are stationed in the Bekaa Moreover, he admitted that Syrian (Valley) and the north. These two areas conquest would allow us to go forward forces in Lebanon’s Bekkah valley help stituted the background of support for re- with regulatory reform which is badly greatly in getting weapons to his sistance fighters in (Israeli)-occupied areas,’’ needed. It especially directs attention forces, when he stated: he said. to the small business community Syrian forces are stationed in the Bekaa ‘‘Of course, Syria didn’t give us money. It which has been hammered with regula- [sic] (valley) and the north. These two areas has supported us and facilitated’’ arms sup- tions with which they have difficulty constituted the background of support for re- plies, Nasrallah added. complying. sistance fighters in (Israeli)-occupied areas. Like its sponsor, Iran, Hezbollah opposes the U.S.-sponsored Middle East peace process I say to my friend from Montana that These admissions, especially that of and has vowed to torpedo it through intensi- we have a Member on this side of the implicit Syrian support for Iranian ter- fied attacks in South Lebanon, the last ac- aisle who has worked very long and rorism are vital to understanding the tive Arab-Israeli war front. hard, in his own words, not hours or relationship of these terrorist organi- The Sharm El-Sheik Summit, which will days but weeks with Members on the zations and how they operate in the re- be attended by U.S. President Clinton and Senator’s side, and his objection region. If we are going to support Israel more than 30 other world leaders, was called lates to a much bigger piece of regu- to bolster Israel following a wave of suicide latory reform that I think frankly will while it wages peace, are we going to bombings which killed 61 people. ignore Syria and Iran while they wage Hezbollah has hailed the bombings, which kill all regulatory reform, but that is war against Israel? have been claimed by the Palestinian mili- what he wants. And so in the next few We cannot ignore what is going on tant Hamas group, as an ‘‘Act of Heroic hours, maybe days, we are going to for mere political expediency. We must Jihad (holy war) against occupation.’’ ∑ work with him to see if we can get him confront the facts as they exist and f to agree to our unanimous consent re- this means that we must question the quest. UNANIMOUS-CONSENT REQUEST— Mr. BURNS. I think my friend from Syrians on this admission. With Iran, I S. 942 am sure that there is no disagreement. Nevada understands the problems Mr. BURNS. Mr. President, I ask But Syria is another question alto- small business is going through right unanimous consent that on Thursday, gether. now and the margin they have to worry March 14, at 10 a.m., the Senate pro- Mr. President, I ask that the text of about. This gives them a great deal of ceed to the consideration of Calendar this important interview be printed in flexibility. But it also allows Congress No. 342, S. 942, the small business regu- to take a look to see how the rules are the RECORD. latory reform bill, to be considered The text follows: really written with regard to legisla- under the following limitation: 90 min- tion that we pass. It is fairly simple for [From Reuters, Mar. 11, 1996] utes of total debate equally divided be- us to pass legislation. We beat our- HEZBOLLAH CHIEF ADMITS IRAN IS FINANCING tween the two managers; that the only selves on the chest, and we say what a GROUP WITH BC-IRAN-PRESIDENT amendments in order to the bill be the good thing we have done, but then BEIRUT, LEBANON.—For the first time, the following: the managers’ amendment when the law goes down and the admin- leader of Hezbollah acknowledged publicly in to be offered by Senators BOND and istrative rules are written, sometimes an interview published Monday that Iran is financing the group. BUMPERS, an amendment to be offered those rules do not even look like the ‘‘We don’t hide Iranian support. There is no by Senator NICKLES regarding congres- legislation, let alone the intent of the need to deny that we receive financial and sional review, one additional amend- legislation. So I think this addresses political support from Iran’’ said Sheik Has- ment, if agreed to by both leaders after that, and I hope we can work out some- san Nasrallah, Secretary-General of the Shi- consultation with the two managers; thing. Knowing my friend from Nevada, ite Muslim Militant Group. further, that following the disposition I understand the possibility is very ‘‘We are not shy and they (Iranians) are of all amendments, the bill be read a good. not afraid about it,’’ he said in an interview third time, the Senate then proceed to Mr. REID. Will my friend yield with the London-based Arabic Language again? Weekly Al Wasat. vote on final passage of the bill, all without any intervening debate or ac- The Senator is absolutely correct. It was the first public admission of Iranian This unanimous-consent request con- financial support by a senior leader of tion. Hezbollah, or Party of God. Mr. REID addressed the Chair. tains a provision that was passed in The group has vociferously denounced the The PRESIDING OFFICER. Is there this body by a vote of 100 to nothing, planned counter-terrorism summit at objection? the Nickles-Reid amendment, which Egypt’s Red Sea resort of Sharm El-Sheik Mr. REID. Yes. I have two things I would allow the Congress to look at Wednesday. wish to correct. One would be the Nick- regulations promulgated by Federal Why doesn’t one wonder why the United les-Reid amendment in the body of the agencies. If it has a financial impact of States is paying 3 billion dollars to the Zion- text, and if the Senator from Montana $100 million, it would not go into effect ist entity, which is attacking the entire re- until a reasonable period of time. This gion while condemnation is voiced over wishes an explanation, I would be Iran’s financial support for Hezbollah or any happy to give one, but I object. calls for 60 days, which I think is ap- Islamic resistance faction fighting to lib- The PRESIDING OFFICER. Objec- propriate. It was originally 45 days. If erate its land?’’ Nasrallah said. tion is heard. it has a financial impact of less than Hezbollah guerrillas are fighting to oust Mr. BURNS. Mr. President, I helped $100 million, it goes into effect imme- the 1,200 Israeli soldiers and 2,500 Israeli- craft this legislation, and if there is diately but we can rescind it within 60

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1890 CONGRESSIONAL RECORD — SENATE March 12, 1996 days. That is really I think farsighted ference committee itself, when it dis- I say that once again, Mr. President, legislation, something that is long cusses the farm bill in conference and as a strong supporter of family-size overdue. And so I agree with my friend reports back the conference report for farms in rural Nebraska and rural from Montana. I hope we can work it approval of both the House and the America. I simply point out, first with out so that we can debate it for a pe- Senate, that significant changes will be regard to the estimates of the costs of riod of time as indicated in the unani- made so that I will be able to accept the program, we all know, and it has mous consent request and in effect the conference report. been well established, that the so- claim victory for the American people. However, I say that with a great deal called freedom to farm act came out of We would be doing something that is of optimism and a great deal of concern the budget discussions and agreements bipartisan in nature. Heaven knows, we that that in the end might not happen. and disagreements. The freedom to need to do some things on a bipartisan Therefore, I think it is time once again farm act and the transition payments basis in this body. as we contemplate taking the action have been fostered early on as a great Mr. BURNS. No question about it. that has just been suggested by the budget saver, to help us balance the The Senator from Nevada is exactly acting majority leader to understand budget by the year 2002. what we are doing, which I think is not correct. I would simply point out that the in the long-term interests of a sound f food policy or in the long-range inter- facts, as the way this bill has come out AGRICULTURE MARKET ests of the safety net that basically of the House and the Senate, are just TRANSITION ACT from its very beginning the freedom- the opposite. The most recent CBO es- to-farm act was designed to end in 7 timates show that the Senate farm bill Mr. BURNS. Mr. President, I ask will cost $1.13 billion more than the unanimous consent that the Senate years, notwithstanding the protesta- tions, notwithstanding some of the ef- current law over the next 7 years. proceed to the consideration of Cal- Some had claimed that was too expen- endar No. 338, H.R. 2584; further, that forts which have tried to be explained as providing a safety net for agri- sive. In the first 2 years alone, the Sen- all after the enacting clause be strick- ate farm bill will cost almost $4.6 bil- en and the text of S. 1541, as passed the culture after 7 years. Mr. President, I take a back seat to lion more—and I emphasize more—than Senate, be inserted in lieu thereof, the no one in the support of agriculture current law. Turning to the House bill, bill be read the third time, passed, and and family-size farmers and rural to cite the figures therein, the House the motion to reconsider be laid on the America. During my 8 years as Gov- bill saves only $1.8 billion over 7 years, table; further, the Senate insist on its ernor of Nebraska before I came to this a far cry from the savings touted ear- amendments, request a conference with body, until now, my 18th year in the lier in the year. And what do farmers the House and the Chair be authorized U.S. Senate, I have fought hard for ag- get for this? A healthy payoff but no to appoint conferees, provided that the riculture. I have joined with many of long-term farm policy or safety net. total number of Democratic conferees my colleagues on both sides of the aisle The CBO figures have just come out. signing the conference report does not to try to tell the majority of the Mem- I would like to cite those at this time. exceed five. bers of this body that the safety net For the 1996 crop, the one that we hope The PRESIDING OFFICER. Is there that we have had for a long, long time will be planted or is being planted now, objection? with regard to farm legislation has not a corn farmer will get paid 37 cents per Mr. EXON. Mr. President, I object. been perfect, but it has led to a solid, The PRESIDING OFFICER. Objec- bushel up to the limit of $40,000 that he firm food supply for America. The ge- can receive each and every year. The tion is heard. nius of production of our farmers feeds Mr. EXON. Mr. President, for the in- corn farmer will get that 37 cents per not only the United States but many formation of the Senate and my col- bushel regardless of what the market parts of the world. price is and what the farmers receive leagues who are in the Chamber, I wish Last but not least, the farm pro- to say that I intend to discuss with ap- from the market price for the products grams that have been often criticized that I will identify, starting out with propriate remarks my concerns about because of the safety net feature and the agriculture bill and very likely at corn. the expenditures have still provided In other words, if corn, which is now the end of those comments I will with- the United States with an abundance of at a price of about $3.40 a bushel at the draw my objection for the reasons I food, more abundance than any place marketplace, if that would be main- will state during the remarks I intend in the whole world. At the same time, tained—and the Department of Agri- to make about the farm bill. If the it has provided prices for food at very culture predicts that those prices will Chair will recognize me for that pur- competitive rates. The facts of the very likely be maintained for 1996 and pose, I will make my remarks as brief matter are that the cost of food in the 1997—that would mean that the farmer as I can but not as brief as the Senator United States of America is the cheap- getting $3.40 a bushel would get 37 from Nebraska usually is. est of any of the industrialized nations cents per bushel on top of that, roughly The PRESIDING OFFICER. The Sen- in the world. So, certainly the farm over $3.75 a bushel. Wheat farmers will ator from Nebraska is recognized. programs that have been often abused Mr. EXON. Mr. President, my strong and cursed over the last several years get paid 98 cents per bushel over and objections to the so-called freedom-to- since the Great Depression of the above, as a gift from the taxpayers of farm act, or son of freedom to farm act, 1930’s, have served America and agri- America. Sorghum farmers will be paid or whatever it is called now, both the culture overall very well. 44 cents per bushel. And so on, and so version passed by the Senate and the But where are we going from here? on, and so on. one that passed the House of Rep- Where are we going to be if the freedom Mr. President, I point this out be- resentatives, and the technical amend- to farm act encompassed in the Senate cause I think the Republican farm bill ments and the appointment of the conversion, and likewise the freedom to has strayed way off course. It is not ferees that has just been suggested by farm act as encompassed in the version good for agriculture in the long term the acting majority leader give me passed by the House of Representa- and it is certainly not good for bal- pause for great concern. tives, basically is designed in the form ancing the budget. I simply say that, I wish to state once again, in trying of transition payments to lead to no- at $3.40 a bushel, we should not be pay- to wrap up, if I might, the strong objec- where at the end of 7 years? Mr. Presi- ing any money out to corn farmers, un- tions this Senator has along with many dent, 7 years of handsome, expensive less there are some circumstances other Senators from the farm belt with payouts to agriculture, that, in my where his crop would be wiped out. I regard to the basic thrust of this law, view, is essentially a welfare system, point this out because this is just one what it does do and what it does not going ahead with massive—billions of of the things wrong with this farm bill. do, the reasons I think it is very bad dollars in expenditures, welfare to This cost estimate brings the fact legislation; and if I withdraw my objec- farmers, at a time when we are trying home loud and clear, that S. 1541 is a tion to the unanimous-consent request to reduce the budget and at a time sham. It is a sham to the taxpayers, it would only be with the hope, a wing when we are trying to curtail welfare, and it is a sham to the farmers over and a prayer, if you will, that the con- defies reason. the long term.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1891 How so? For taxpayers, it is a sham This article is by David Beeder of the culture know that that is not a big because it does not make good on def- Omaha World Herald: farm—but 500 acres of corn, and if the icit reduction. For months, taxpayers WASHINGTON—Legislation guaranteeing farmer would sell that for $3.10 a bush- have been told that Congress was going farmers more than $40 billion over seven el, which is under the $3.30 to $3.40 to crack the whip and enact deficit re- years would cost the Federal Government $20 price today, he would receive, in addi- duction. Now we learn that the farm billion more than it could cost to extend a tion to that good price for corn, a program’s revisions, which were adver- farm law that expired December 31, Agricul- check free from the Federal Govern- tural Secretary Dan Glickman said on Mon- tised as saving money, are actually day. ment, free from the taxpayers, of going to cost more than if we would ‘‘For the first 2 or 3 years, we know we are $16,000 on top of the $186,000 that that simply continue with the farm program going to be spending much more on this farm corn farmer would receive, assuming a and its costs that we have today. In bill,’’ Glickman said in a speech to the Na- return of about 110 bushel per acre, fact, for 1996 and 1997, they will cost tional Association of State Departments of which is reasonable. about $4.5 billion more than the cur- Agriculture. Many farmers and many farm organi- rent law. To save time and to stay away from zations that I will cite in my remarks For farmers, this sham is a little dif- being redundant, I ask unanimous con- realize and recognize that if you are a ferent. They have been led to believe sent that all of the articles I quote be 57-year-old farmer today, and I must that the freedom to farm contracts will printed in the RECORD at the conclu- say that that is about the average age protect them from fiscal unpleasant- sion of my remarks. of our farmers in Nebraska and very ness that will surely follow. I am sad to The PRESIDING OFFICER. Without likely near the average age of our say that these contracts that are wide- objection, it is so ordered. farmers in the United States as a ly heralded have been grossly oversold. (See exhibit 1.) whole, if you are going to farm 7 more Farmers have been led to believe that, Mr. EXON. Mr. President, I wish to years, and then when you are 65 and re- once they sign up, their payments from carry on the discussion of the sky- tire, this is a pretty good bill, because the Federal Government will be locked rocketing costs under the new farm it gives you handsome payments from in and no one can do anything about it. bill. I wish to also quote from an arti- the taxpayers that cannot be justified. A few moments ago, we were talking cle from the Omaha World Herald of In the end, it leads to nowhere, 7 about the rules of the U.S. Senate. One February 25, 1996. The headline is: years of transition payments. What of the rules that we all know very well ‘‘USDA: Dairy, Cereal Prices Expected does transition payments mean? Tran- is that one Congress cannot bind the to Rise.’’ sition payments were intended and I succeeding Congress. Farmers should This story goes on to say that: predict eventually will be a payoff to bear this in mind. The reality is that Food prices in the United States are likely farmers in rather handsome numbers future Congresses will almost certainly to increase less than the rate of inflation through welfare, and they will receive take a butcher knife to the Freedom to this year, with meat prices expected to de- this check from the Federal Govern- Farm Act, and I believe that we all cline, Government economists say. However, the price of milk should rise by 4 ment whether they even plant or not, should recognize and realize that. percent to 5 percent over last year because of whether they even go to the field. They These farm payments that will be re- the lowest surpluses of dairy products since get this check from the taxpayers. ceived under the Freedom to Farm Act the mid-1970’s, the Agriculture Department But many farm groups are protesting have no relationship to farm produc- said. this, and rightly so. tion or to the commodity prices that This goes on to explain what is hap- Mr. President, I cite an article that I the farmers receive. pening and what the freedom to farm have in my hand from the Omaha I agree that we should be cutting out policy, if you want to call it that, will World Herald, again, on February 23, all or most of the red tape that the do for both the consumers of America 1996, and this headline says: ‘‘Hundreds farmers have to wrestle with each and and the producers as well. Expected to Protest Farm Bill,’’ by every year. We should provide a piece Mr. President, I will further com- Ann Toner of the Omaha World Herald. of farm legislation that provides much ment on an article from the Lincoln By bus, car and van, farmers from as far more flexibility, if not total flexibility, Journal Star of February 25, 1996, and away as North Dakota are expected to gath- as to what the farmers plant and how this one is headlined: ‘‘Bill Raises er in Wichita, KS, today to voice their oppo- much they plant of a given product. Farm Costs, Officials Say,’’ by Robert sition to the latest farm program proposals But what kind of protection will the Greene of the Associated Press. to gain House and Senate approval. Loosely dubbed the Freedom to Farm Act, freedom to farm contracts provide? Not WASHINGTON.—A farm-program overhaul enough. The National Center for Agri- the proposed law—officially, the Agricul- that the Senate passed this month will raise tural Marketing Transition Act in the Sen- cultural Law Research and Information spending rather than save billions of dollars ate—is in its final stages in Washington. was asked to make a careful review of as Senate budget writers had planned, the This goes on to identify the farm or- the freedom to farm bill. They con- Senate Budget Committee says. ganizations and some of the farmers cluded that, ‘‘* * * the annual pay- ‘‘We’ve lost all our savings,’’ said Bill who made that trip to Wichita. ments are not guaranteed for the life of Hoagland, the committee’s staff director. The original farm-program changes in the The next article that I will reference the Freedom to Farm legislation.’’ budget-balancing legislation vetoed by Presi- is, again, from the Lincoln Journal The facts, Mr. President, could not be dent Clinton last year would have cut spend- clearer. This is a sad commentary on Star. This is Sunday, February 25, 1996. ing for agriculture programs by $4.6 billion. The headline is, ‘‘Only people who the way the farm bill has been handled, The Senate-passed farm bill instead costs eat need to worry about our food pol- and I simply want to set the record $200 million to $380 million more over the straight, make it very clear on several next seven years than if the farm bill had icy.’’ And the first paragraph of this very important points. been left alone, Hoagland said. article by Sally Herrin says: Mr. President, let me start out by Mr. President, I simply say that this The United States Senate put the family quoting from several publications with farm bill, indeed, is backed by some farm up for sale when it voted 64–32 to send regard to the costs that very likely farm organizations. I happen to think Bob Dole’s Agricultural Marketing Transi- tion Act, S. 1541, to the House of Representa- will skyrocket and make it even that that they are taking a very short- tives tomorrow morning, Feb. 26. This is a much more difficult to balance a budg- sighted approach to the whole propo- modified version of Bill Barrett’s and Newt et. sition. Gingrich’s Freedom to Farm proposal which I quote first from an article from the This farm bill leaves beginning farm- is the ‘‘final solution’’ to farm programs. Omaha World Herald of February 27, ers out in the cold. It provides a rather But farm programs are just for farmers 1996. The headline is: ‘‘Glickman Says handsome payment for the next 7 rights? Think again. New Farm Plan’s Costs are Higher.’’ years. To those who have participated And Sally Herrin goes on to explain We all know that Dan Glickman is Sec- in farm programs in the past, I have in great detail how bad this freedom to retary of Agriculture and a farm expert cited earlier in speeches on the floor in farm bill actually is. who previously served on the Agri- this regard that if you take, for exam- Likewise, I will include in the culture Committee of the House of ple, a 500-acre corn farm—and those of RECORD an editorial from the Lincoln Representatives with great distinction. us who know and understand agri- Journal Star of February 18, 1996. This

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1892 CONGRESSIONAL RECORD — SENATE March 12, 1996 editorial is entitled ‘‘Freedom To system of independently owned and operated a big win in the Senate-passed overhaul of Farm: An excuse To Abandon Agri- family farms to that of contract production. the farm bill. culture.’’ Mr. President, in addition to that, The ‘‘Freedom to Farm’’ bill, as it’s called, stops the government from forcing growers I will read the first two or three which will be printed in the RECORD, to idle land in order to keep their Federal paragraphs of this editorial because, in there is a bulletin of about 9 or 10 payments. It says farmers can grow the crop summation in a few words, this does items entitled: ‘‘What’s wrong with the that they most likely will sell without losing about as good a job as I could imagine Farm Bill approved by the Senate?’’ government payments usually tied to a par- in saying what is wrong with this Clearly, in the opinion of the reliable ticular crop. For 7 years, at least, the gov- measure. National Farmers Union it is a dis- ernment would fix the price of corn, wheat and other row crops. Blow a little dust off your memories of the aster. 1988 Senate race in Nebraska. David Karnes What are other knowledgeable people Further down in the article is an in- is at the podium at State Fair Park in Lin- who have had great experience in agri- teresting quote from our distinguished coln. Row after row of Republican cheer- culture saying? This time from the Re- friend and colleague, the Senator from leaders lean forward, gathering themselves publican side of the fence. Minnesota: for their next explosion. But coming out of I refer to an article in the Sioux ‘‘In the long run it says you’re on your own Karnes’ mouth are these fateful words: ‘‘We Falls Argus Leader of February 25, 1996, with Cargill. You’re on your own with the need fewer farmers at this point in time.’’ by George Anthan. George is with the Chicago Board of Trade,’’ said Sen. PAUL Groans. Gasps. Even boos. Cheerleaders Georgia Net News Service and is a col- WELLSTONE, Democrat from Minnesota, tak- slump in their seats. Bob Kerrey seizes on ing on the Minnesota-based food giant. what Karnes later describes as a slip of the umnist. Cargill Inc. and the Chicago Board of Trade tongue and delivers a stern lecture. A few The headline of his column is: did work Congress. So did such giants as weeks later, voters elect Kerrey and cast ‘‘Iowans wary about Freedom to Farm General Mills Inc., Tysons Foods, Kraft Karnes into the basement of political es- bill.’’ Foods, Procter & Gamble, Union Pacific teem. It goes on to say: Railroad, Rabobank Netherlands, the Fer- But guess what? Eight years after a prom- Two of Iowa’s most respected voices on na- tilizer Institute and others who build a busi- ising conservative showed his poor grasp of tional agricultural policy—both of them Re- ness from agriculture. Unlike before, the food companies and the acceptable rhetoric, the underpinnings of the publicans and farmers—expressed strong trade groups banded together. In the fall of once unutterable are being uttered daily. As misgivings over the GOP’s Freedom to Farm 1994, more than 120 formed the Coalition for Congress and President Clinton stumble to- bill, which would guarantee subsidies to ward passage of a new farm policy, the words Competitive Food and Agricultural Systems. farmers regardless of market price. Cooper ‘‘It was probably the first time in history ‘‘freedom to farm’’ are much in vogue. They Evans of Grundy Center, a former Congress- are represented, not as the first step [the that a broad-based group in the food indus- man and former agriculture advisor to Presi- try had gotten together with market-ori- real steps] towards abandonment of agri- dent Bush’s White House, said the policy ad- culture, but as breath-taking reform. ented reforms in mind,’’ said spokesman Stu vanced under the Freedom to Farm bill Hardy, a former staffer on the Senate Agri- Likewise, Mr. President, I will quote ‘‘would be a disaster.’’ culture Committee, now with the United very briefly from another editorial, Mr. President, the article goes on and States Chamber of Commerce. this time of February 29, 1996, again says: It is really interesting, Mr. Presi- from the Lincoln Journal Star. This Thurman Gaskill of Corwith—long active dent. Any farmer or any farm organiza- headline is ‘‘Freedom To Farm: Free- in national farm policy affairs and a high- tion that really believes that business dom To Plunder Treasury.’’ And I ranking political operative for Presidents interests such as I have just men- quote: Nixon, Ford and Bush—said: ‘‘I don’t under- tioned, who for years have lived off of Farming experts will tell you that a farm- stand the thinking behind this. In the short cheap product prices, were very much term, it’s a hell of a deal. But I don’t think er who can’t make money raising corn at $3 instrumental in writing the freedom to a bushel should sell the tractor and move to it’s good for the long-term farm policy of this country.’’ farm bill. I think that fact alone, the town. Fortunately, most Nebraska farmers U.S. Chamber of Commerce, Tysons are much too smart to miss out on the $3 Evans, an influential member of the House corn and the profits that appear well within Agriculture Committee during his congres- foods, General Mills, Kraft Foods, reach as the 1996 growing season approaches. sional service, said: ‘‘To me, the important Procter and Gamble, Union Pacific, the But misfortune is in this picture, too—mis- point is that now is not the time for a pro- Fertilizer Institute—if those people fortune for taxpayers. Congress is ham- gram that can be viewed as strictly a gift in helped write this farm bill, there is no mering out a farm bill that proposes to give the sense that it’s not at all tied to need, not way that it can be both good for them these same savvy farmers as much as $40,000 all tied to current prices, not at all tied to and good for the producers. each in extra income, in precious tax money, supplies. ‘‘It’s just a gift, which seems to me to be Mr. President, there was another ar- this year. Why? Because that’s how Freedom totally incompatible with the fundamental ticle that drives home this point. This To Farm, the new approach that is supposed interest of both parties to whip the budget is from the Omaha World Herald of to get the government off the farmer’s back deficit.’’ February 25, 1996. This headline reads: is supposed to work. It puts more govern- Evans continued: ‘‘We’re making all kinds ment, more cost, on the taxpayer’s back in- ‘‘Businesses Put Muscle Behind Farm of claims on programs that have a much stead. Bill Push,’’ by David Beeder, Wash- larger constituency, and I think it makes ington, DC: Mr. President, next I will quote from those who support [the] (Freedom to Farm) Major changes in U.S. farm policy—passed a news release from the National [Act] extremely vulnerable to the criticism by the Senate and pending in the House—will that you’re cutting Medicare, [yes,] you’re Farmers Union, which is one of the get a big push all the way to the White cutting Medicaid . . . and yet you’re giving leading farm organizations whom I House from a powerful coalition of more this money to farmers regardless of what have worked closely with all of my 26 than 120 grain traders, processors, shippers, they do, regardless of what they plant, re- years in Government service. This retailers and producer organizations. gardless of what the prices are.’’ news release from the Farmers Union ‘‘We wanted to retain a farm income safety is headlined: I continue to quote: net but also eliminate acreage reduction pro- ‘‘It would be most inappropriate to do grams (ARP),’’ said Mary Waters of ConAgra Senate Farm Bill A ‘‘Sell out’’ Of Farm this.’’ Inc. of Omaha. ‘‘Both of these bills will do families, Says [the National Farmers Union] that.’’ President. Mr. President, who are some of the Washington, DC—The farm bill passed by supporters of the freedom to farm act, Now, Mr. President, ConAgra is lo- the U.S. Senate Wednesday was termed a other than the Republican majorities cated in my State. It is a very fine or- ‘‘sell out of American farm families and in both the House and the Senate? ganization. They are processors of food. their values to the special interests of agri- I reference at this point an article, I can see why they would be involved in business and a license for a few corporations again from the Lincoln Journal, of writing a farm bill, because, basically to further dominate the marketing, proc- speaking, the cheaper the cost of the essing and trading of agricultural commod- February 19, 1996. This headline says, ‘‘Big Agribusiness Enjoyed Benefits in raw products that they produce into ities’’ by National Farmers Union President edible food, the more money they Leland Swenson. Representing 250,000 farm, Senate Farm Bill.’’ ranch and other rural families across the na- Washington, Associated Press. With a mix make. I do not criticize ConAgra for tion, Swenson expressed concern that the of luck, work and unusual organization, the being concerned about agriculture Agricultural Transition Act would escalate lobby for big grain companies, railroads, prices, but I do not think they rep- the move of U.S. agriculture away from its meat companies, millers and shippers scored resent the family-size farmer:

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1893 Stu Hardy of the U.S. Chamber of Com- Secondly, some are concerned that there can remember, has a right, and they merce said the legislation could have been will not be any farm program after the sev- are getting what they want, along with strengthened if it had reduced the amount of enth year of the bill. These issues were also the chamber of commerce, along with acreage in the $36 million Conservation Re- the same as some members’ of the Farm Bu- the big-money interests that live off serve Program in which farmers are paid to reau. The following points were used, in part, idle land. If there is one part of the previous to make our policy determination. the products of the American farmer. If I were a farmer, I would not want those farm bill and if there is one part of the new Then it goes on to another para- farm bill that is generally supported by all organizations saluted and backed by graph. I would like to quote from the farm organizations—as far as I know, all or the New York Times, and to write a same letter from the Farm Bureau: most farmers—it is the Conservation Reserve farm bill, because down the road, in the Program, which has been very popular. Ac- In regard to the future farm policy after 7 future, this is going to come home to cording to the U.S. Chamber of Commerce, years, it is important to keep in mind that we would have been a whole lot better off if there are no provisions in the bill that re- haunt the safety net that we have re- we cut down the Conservation Reserve Pro- quire farm programs to be eliminated after 7 lied on for so long. gram. years. In fact, it is our view that public pol- Then there is another newspaper that Mr. President, there is a lot of misin- icymakers should actively debate what farm is well known as a big booster of agri- formation out there today about what policy should be after the year 2002, while culture. This time it is the Wall Street this program does. I have referenced considering such issues as supply and de- Journal of Friday March 1, 1996. It is several times this evening in my re- mand factors, international trade barriers, interesting to note that that is the marks the fact that the freedom to financial conditions of agriculture, mone- same date of the article that I just tary policy, trade policy, and other issues quoted from the New York Times. But farm act from its very beginning and important to our farmers and ranchers. inception was to provide transition the farmer friendly Wall Street gurus, payments originally to help reduce the Soft sell. Soft soap, because the very who speak frequently through the Wall costs—that has gone by the board thrust of the farm bill, known as the Street Journal, had this story. The now—but primarily to have a transi- freedom to farm act, was to use the headline is: ‘‘House Approves Ending tion from the present payments we transition payments to eliminate farm Costliest Farm Programs.’’ have historically had as part of the programs in the year 2002. Why else How ridiculous. I have just cited the program, when prices were low but not would you pay the handsome payments facts of the matter. Yet, the Wall when they were high as they are now, from the taxpayers to the farmer re- Street Journal, who understands the but we have been pounding this home. gardless of what the farmer is receiving stock market but has not a clue about Now, even some of the introducers of for his commodity? Certainly, that is agriculture, says, ‘‘House Approves the legislation have come around to the attitude of the New York Times. I Ending Costliest Farm Programs.’’ The say we should have something in there think it is rather interesting, Mr. Sub-headline is, ‘‘Plan to Be Phased in very cleverly in the Senate bill incor- President, that in addition to big busi- Over 7 Years, Would Stop Restrictions porated as permanent law. The 1949 act ness writing the farm bill, we have On Crop.’’ has been permanent law for a long, those great defenders of the American The story: long time as a fall-back position. That family-size farmer, the New York The House measure would spend $46.6 bil- is soft soap to agriculture because Times and the Washington Post, ap- lion through fiscal year 2002, including $35.6 when the people understand what is proving of this farm bill. They have billion for transition payment. going on, and after the ‘‘60 Minutes’’ never approved of any farm bill in the What we have here is total alloca- type program exposes this for what it history of the United States of Amer- tions, if subsequent Congresses approve is, it will be tough to get any kind of ica, but this one. Why is that? Because it—at least this is the plan—to provide responsible farm program through the they know what the intent is. They $46.6 billion through fiscal year 2002, Congress. know they are buying off the farmer, including all but $10 billion, or $35.6 For years I have fought, along with and it will all come to an end at the billion for transition payments: many of my colleagues, on the basic end of 7 years. It will have to be reconciled with a similar concept of selling to the 535 Members Mr. President, I quote from a New Senate bill in a House-Senate conference be- of the House and Senate the need for a York Times editorial of March 6, 1996. fore going to the White House for the Presi- farm bill, a safety net farm bill, that The headline is: ‘‘Big Changes Down on dent’s consideration. did not pay the farmers anything when the Farm.’’ Just some more, Mr. President, of prices were high but gave them a sti- It says: what is going on today with regard to pend that would get them somewhere The Senate and House-passed bills would the people who wrote the farm bill that near the cost of production when the phase out wheat, corn, rice and cotton sub- some farmers and some farm organiza- corn price—as it has historically—not sidies over a 7-year period. The Senate-House tions think is just hunky-dory. stayed at $3.10 to $3.50 a bushel, but conferees need to make it clear, as the House Mr. President, I may be wrong. when it drops to $2.10 to $2.50 a bushel bill attempts to do, that after 2002, farm wel- Maybe this bill will be the greatest below the cost of production. That is fare supplicants cannot count on reverting thing for agriculture that we have ever when we should have farm programs. to the old discredited law. seen. If so, on down the road I will sa- That is when they should kick in. They Further, it says: lute the Wall Street Journal, the Wash- should not kick in in a rich man type The House bill would make it harder for ington Post, the New York Times, the fashion of selling and buying off farm- lobbyists to extend the dole after 7 years and Union Pacific Railroad, Kraft Foods, ers with this healthy hefty payment is thus preferable to the Senate version. and the many farmers in my State, and for the next 7 years. Mr. President, also, I think it is in- I make reference, Mr. President, to many of my friends and colleagues here teresting to note this on the front page in the U.S. Senate who support this. I the Congressional RECORD of February of the New York Times of Friday, will salute all of you. 28, 1996, page 1429, to bring home how March 1, 1996. I reference that at this there is so much misunderstanding I will salute all of you. I might be point. Big farm paper, the New York wrong. But as one who has wrestled with regard to whether the safety net Times. It says: is going to be eliminated. There is in- with farm programs in fairness to rural House approves biggest change in farm pol- America for a long, long time, and who cluded on that page a letter from the icy since the New Deal. Farm Bureau to a Member of Congress. consults regularly with farmers and Well, that is an honest statement. It says here by the writer of the letter, farm organizations—in fact, just this Below that, it says: who is an official of the Farm Bureau: afternoon in Nebraska wheat growers Legislation phases out subsidies over 7 In my view, concerns about the ‘‘freedom were in to see me. And since this is my years. to farm″ approach have centered on two last year in the U.S. Senate they pre- points: First, opponents are concerned that You cannot have it both ways. Yet, sented me with a plaque that I treasure the contract payments will be viewed as wel- that is being sold today. saluting me for the help I have given fare payments. I simply say that the whole article to—and have been part of in—pro- I do not know what else they are, but will appear in the RECORD. It, once tecting the interests of family-sized I think it rancors them a great deal again, shows that the New York Times, farmers and the food production in when we call them welfare payments. an opponent of agriculture as long as I America. Each and every one of them—

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1894 CONGRESSIONAL RECORD — SENATE March 12, 1996 there were seven there—were firmly Glickman’s speech before state agricul- [From the Omaha World-Herald, Feb. 25, opposed to the so-called freedom-to- tural directors was followed a few hours 1996] farm act. Yes. There are lots of farmers later by Rep. Pat Roberts, R-Kan., chairman USDA: DAIRY, CEREAL PRICES EXPECTED TO out there that have bought on to this of the House Agriculture Committee, who de- RISE fended the plan to guarantee annual pay- WASHINGTON.—Food prices in the United very expensive and unfair program that ments to farmers. I am very fearful will be the death States are likely to increase less than the He disputed Glickman’s estimate that the rate of inflation this year, with meat prices knell for farm safety nets and make it legislation would cost $20 billion more than expected to decline, government economists almost impossible for young farmers would extending the farm law that expired say. who do not share in this program. The Dec. 31. However, the price of milk should rise by 4 money only goes to farmers who have Roberts said the Freedom to Farm Act, percent to 5 percent over last year because of been in the program previously. It is a which he has co-sponsored with Rep. Bill the lowest surpluses of dairy products since bad piece of legislation. Barrett, R-Neb., would reduce the average the mid-1970s, the Agriculture Department predicted. I am about to withdraw my objection annual cost of commodity subsidies from $10 billion a year to $5 billion. The Consumer Price Index for food rose 2.8 only with the hope that maybe some percent last year—the overall CPI was up 2.5 miracle will occur and we will be able ‘‘The Freedom to Farm Act will save $5.2 billion over seven years, and that’s what I percent—and higher prices for fruits and vegetables were the prime reason, USDA to get some changes in a whole series intend to say on the House floor Thursday Chief Economist Keith Collins noted in a re- of areas made in the conference with when we debate this legislation.’’ Roberts port to the annual Agricultural Outlook the House, and that a conference report said. Forum. which is eventually forwarded back to ‘‘What this debate is all about is who ‘‘In 1996 the highlight for the American the House and the Senate will have a makes the decision,’’ he said. ‘‘We feel very consumer will be food-price increases below much improved farm bill. strongly that under Freedom to Farm, the the overall inflation rate, as the strong in- In the meantime, I have consulted farmers make the decision. They have the crease in meat production lowers meat prices with the Secretary of Agriculture freedom to plant whatever they want to slightly,’’ Collins said. Red meat and poultry about this on several occasions. I have plant.’’ account for 24 percent of the at-home food discussed this with the President of the Roberts said the high prices being paid for CPI. crops this year have had little effect in the With average weather, Collins added, this United States. Some people are specu- Great Plains, where poor growing conditions year’s fruit and vegetable price increases lating right now that the President left many farmers with little or nothing to should be less than last year’s. Although the will sign the bill, or that he will not sell. price of cereal and baked goods should go up sign the bill. I know that the President Under the 1990 farm law, many of these because of rising grain costs, the increase is of the United States has not made up farmers received subsidy payments in ad- likely to be no more than about 5 percent be- his mind. The Secretary of Agriculture vance, he said. cause farm-level grain prices represent only about one-tenth of the retail prices of the has not made up his mind. They are Those subsidies must now be repaid even though a farmer may have lost the crop, finished products. waiting the outcome of the conference. The USDA forecast relies in large part on Roberts said. I hope we can have a bill that makes the expectation that 1996 beef production some sense. ‘‘It is true that if you have the current will increase by 2 percent to 3 percent de- (1990) farm bill the farmer gets no payment spite higher feed costs. This envisions feed With that I withdraw my objection this year or next year, but he has to pay that I raised earlier, and I will work corn prices peaking at about $3.70 per bushel. back advanced deficiency payments and However, Collins said, ‘‘If 1996-crop corn constructively with all concerned to there is no requirement for conservation prices were to move into the $4-per-bushel make changes in this bill in conference compliance,’’ Roberts said. range due to reduced yield prospects, hog that I think are absolutely essential. and poultry producers would reduce animal Mr. President, I yield the floor. [From the Omaha World-Herald, Feb. 27, numbers first with cow-calf operators mak- EXHIBIT 1 1996] ing their big reductions in the fall. ‘‘The result would be higher meat prices in [From the Omaha World-Herald, Feb. 27, STATE AG LEADERS WON’T BACK PLAN 1996] late 1996 and into 1997, and, for beef, into 1998 WASHINGTON.—State agriculture leaders and beyond.’’ GLICKMAN SAYS NEW FARM PLAN’S COSTS ARE from Nebraska and Iowa said Monday they USDA foresees record-high season-average HIGHER could not support farm legislation that guar- farm prices for wheat in this harvest year (By David C. Beeder) antees a fixed government payment to farm- and near-record prices for corn. Carryover WASHINGTON.—Legislation guaranteeing ers regardless what they are paid for their stocks of wheat on June 1 are forecast at 346 farmers more than $40 billion over seven crops. million bushels, which, as a percent of total years would cost the federal government $20 Larry Sitzman, Nebraska director of agri- use, would be the lowest since 1947–1948. Corn billion more than it could cost to extend a culture, said the plan would be politically carryover was put at 457 million bushels, farm law that expired Dec. 31, Agriculture vulnerable in a period like today when farm- lowest as a percent of use since 1937–1938. Secretary Dan Glickman said Monday. ers are receiving high crop prices. Such low stocks make it very difficult to ‘‘For the first two or three years, we know ‘‘I am concerned that a seven-year pro- forecast prices, Collins acknowledged. ‘‘The we are going to be spending much more on gram with guaranteed benefits would be dif- low stocks have put feeders, processors, trad- this farm bill,’’ Glickman said in a speech to ficult to sell with the mood of Congress and ers and consumers at much greater risk if the National Association of State Depart- the mood of taxpayers in this country,’’ 1996 harvests are subpar.’’ ments of Agriculture. Sitzman said. With higher corn prices, better planting weather and no reduction in acreage, USDA Farmers would receive little or no subsidy He said the plan, if adopted, could lead to said corn planted this year may increase payments if the five-year 1990 farm law still elimination of a long-standing policy of sub- nearly 15 percent, to more than 80 million were in effect, Glickman said. sidizing farmers during periods of low crop acres. Winter wheat acreage was up 7 per- ‘‘Why? Because prices are higher now,’’ he prices. said. cent, and total wheat acreage this year could ‘‘The safety net probably would be gone in Subsidies, under 60-year-old U.S. farm pol- rise about 6 percent, to 73 million acres. two years,’’ said Sitzman, who operates a icy, have been based on the difference be- That would support a wheat price near the 2,000-acre farm near Culbertson, Neb. tween the market price of crops and the so- $4-a-bushel level. called target price set by Congress, which is Dale Cochran, Iowa secretary of agri- usually higher. culture said he expects Congress to pass a [From the Lincoln Journal Star, Feb. 25, Glickman said economists at the U.S. Ag- farm bill that includes guaranteed payments 1996] riculture Department expect the market while continuing to provide subsidies when BILL RAISES FARM COSTS, OFFICIALS SAY price of corn and wheat to match or exceed crop prices fall. (By Robert Greene) Cochran, of Eagle Grove, Iowa, said it target prices for two or three years. WASHINGTON.—A farm-program overhaul He said giving farmers a guaranteed an- would be difficult to convince taxpayers that that the Senate passed this month will raise nual payment in a period when they are farmers should receive a payment when crop spending rather than save billions of dollars being paid high market prices ‘‘could create prices are high. as Senate budget writers had planned, the potential political problems’’ for farm legis- Cochran, a Democrat who served more Senate Budget Committee says. lation in the future. than 22 years in the Iowa House of Rep- ‘‘We’ve lost all our savings,’’ said Bill ‘‘We need a well-rounded farm bill, one resentatives, is in his third term a secretary Hoagland, the committee’s staff director. that people in nonrural areas can support,’’ of agriculture, an elective office in Iowa. The original farm-program changes in the he said. ‘‘That’s what we are working on, and Sitzman, a Democrat, was appointed direc- budget-balancing legislation vetoed by Presi- we think the Senate bill moved a few steps tor of the Nebraska Agriculture Department dent Clinton last year would have cut spend- in that direction.’’ by Gov. Nelson in 1991. ing for agricultural programs by $4.6 billion.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1895 The Senate-passed farm bill instead costs [From the Omaha World-Herald, Feb. 23, In fact, Glickman isn’t even scheduled to $200 million to $380 million more over seven 1996] arrive until the rally is over. years than if farm law had been left alone. HUNDREDS EXPECTED TO PROTEST FARM BILL The sponsors said Glickman is coming to Hoagland said. (By Ann Toner) Wichita for the sole purpose of breaking The new estimates create problems for the bread with the farmers, speaking and an- By bus, car and van, farmers from as far farm bill as the House prepares to take it up swering questions from farmers after dinner. away as North Dakota are expected to gath- this week. Many added costs were the result National Farmers Union President Leland er in Wichita, Kan., today to voice their op- of amendments needed to ensure its 64–32 Swenson and Farmers Union leaders from position to the latest farm program pro- passage Feb. 7. Those amendments included about 15 states are expected to be in attend- posals to gain House and Senate approval. guaranteed spending for new conservation, ance. Loosely dubbed the Freedom to Farm Act, rural development and farmland preserva- ‘‘After two years under this program, pro- the proposed law—officially, the Agricul- tion programs. duction would increase significantly, driving tural Marketing Transition Act in the Sen- Stripping down the bill could lose votes, down prices,’’ Swenson said. That would many from Democrats, when a final version ate—is in its final stages in Washington. While some other farm groups favor the leave farmers no chance to sell their crops at is crafted. Or law-makers could be forced to a profit, he said. tinker with the core ‘‘Freedom to Farm’’ proposal, the opponents believe that unless substantial changes are made, President Gene Paul of Delavan, Minn., president of proposal, which substitutes fixed-but-declin- the National Farmers Organization, also oping payments for unpredictable, price-based Clinton should veto the bill. ‘‘Doing nothing is a far better option than poses the bill. crop subsidies. ‘‘Freedom to Farm will do nothing to im- Democrats remain opposed to ‘‘Freedom to committing economic suicide just to end the prove the image of agriculture, nor will it Farm’’ because it continues to pay farmers suspense of waiting,’’ said John Hansen of deal with the solution of America’s farm even when crop prices are high. New projec- Tilden, president of the Nebraska Farmers problem: sustained, profitable commodity tions released last week by the U.S. Depart- Union. prices,’’ he said. ment of Agriculture suggest that farmers Proponents ‘‘listened to the grain trade Wheat grower Tom Giesel of Larned, Kan., will cash in big if Congress removes the link and shut out the interests of production ag- one of the organizers of the rally, said farm- between farmer payments and movements in riculture,’’ he said. ‘‘It’s a hostile takeover ers, not farm leaders, will speak. crop prices. of ag policy by the grain trade that will flood Prices for major crops are expected to be the market with lots of cheap product at the ‘‘We’ve invited speakers who can speak high for several years because of heavy world expense of family farmers.’’ from the heart about how this farm bill will demand and extreme shortages going into John Whitaker, president of the Iowa affect their farms and rural communities,’’ the wheat and corn harvests this year. Farmers Union, said he hopes to convince Giesel said. ‘‘Their message, that this bill As a result, crop subsidies could wind up Agriculture Secretary Dan Glickman that will devastate the rural economy, is very im- costing a little more than $12 billion over unless substantial changes are made in the portant for people to understand.’’ seven years, the figures show, if farm law is bill, Clinton should veto it. More than a busload of Nebraskans are ex- unchanged. ‘‘Real farmers don’t want welfare,’’ pected to attend the Wichita event, said The Senate bill and the version headed for Whitaker said. ‘‘We want to veto it and un- Hansen, the Nebraska Farmers Union presi- the House calls for giving farmers $35.5 bil- less it can be improved, revert to 1949 law. dent. lion over seven years—nearly three times ‘‘Under the Senate bill, you don’t even Other Nebraskans will represent the Amer- what the Agricultural Department forecasts. have to farm for seven years to get a pay- ican Corn Growers Association, the Nebraska The department estimates are based on ment. Farm programs are supposed to be a State Grange, the NFO, the Nebraska Wheat more optimistic forecasts for crop prices safety net. In years when they don’t need it, Growers Association and the League of Rural than those used by the Congressional Budget like this year, they shouldn’t get a pay- Voters. Office, which Congress uses for estimating ment.’’ Hansen said he and many of the attending program costs, and other forecasters. The final bill isn’t finished—House and Nebraskans believe the House and Senate The wide gap points to the larger debate Senate versions are due to be reconciled be- bills would make their farms too vulnerable over the massive overhaul, including who fore being forwarded to Clinton—but oppo- to the marketplace and the whims of grain should get the money. nents said they are meeting now to send trading giants. The Republican bill guarantees the pay- their message to Washington. ‘‘It’s a political and economic bonanza to ments against future budget cuts and leaves But the proposal has strong defenders, said the grain trade,’’ he said. ‘‘They got what the way open for farm programs to end after Rep. Bill Barrett, R-Neb. they’ve wanted for a long time.’’ seven years. The high payments in 1996 will ‘‘This bill echoes the sentiment of the ma- Hansen said the promise of payments to offset the $2 billion in advance subsidies that jority of those in agriculture,’’ Barrett said. farmers during the transition without pro- farmers will have to refund from 1995 because ‘‘This bill provides planting flexibility, gram restrictions would be so offensive to prices shot up. promises full production, and allows farmers taxpayer groups and members of Congress The Democrats, including Agriculture Sec- to manage their own businesses based on that it will ‘‘set us up for the political kill’’ retary Dan Glickman, say farmers still need economic factors without government inter- later on. a safety net in case crop prices unexpectedly vention.’’ Roy Frederick, a public policy specialist plunge—despite the department’s rosy pre- Rob Robertson, vice president of the Ne- for the University of Nebraska-Lincoln, said dictions. braska Farm Bureau Federation, said provi- calling it an Agricultural Market Transition Advocates for conservation and more help sions of the law would ‘‘benefit farmers by Program is appropriate. to small farmers say that locking in pay- providing income stability over seven years ‘‘It seems highly unlikely that flat payments to farmers, including the large ones, and allowing U.S. agriculture to compete in ments without regard for market conditions means danger, especially if the House the world marketplace.’’ could last beyond 2002,’’ Frederick said. version passes without any of the Senate Opponents include Sen. J.J. Exon, D-Neb. John Dittrich of Meadow Grove, Neb., who ‘‘If we buy into the Freedom to Farm Act amendments. will speak at the rally, said ending price sup- ‘‘The likely result will be that future agri- now, by the year 2002 there would be no farm ports would be ‘‘extremely destabilizing to culture budget cuts will be in beginning programs at all, no safety net, not any- farmers and destabilizing to consumers.’’ farmer, rural development, research and con- thing,’’ Exon said. ‘‘For the next seven years, The increased risk of farming without a servation programs,’’said Chuck Hassebrook, it turns farm programs into welfare pro- safety net would discourage young farmers an analyst with the Center for Rural Affairs grams.’’ from entering the business and jeopardize in Walthill, Neb. Today’s rally is scheduled to start at 4 p.m. older farmers, Dittrich said. Andy Fisher, spokesman for the Senate in the parking lot of the Cotillion Ballroom He said the proposals are influenced by Agriculture Committee, hinted that the in Wichita. Between 1,500 and 2,000 farmers businesses and ‘‘legislative theoreticians’’ Freedom to Farm payments may have to be are expected to participate, representing sev- who don’t understand the risks and instabil- cut. He also said the committee was await- eral farm groups that oppose all or parts of ities of farming. ing final cost estimates from the Congres- the proposal. ‘‘They’ve never had to look nature in the sional Budget Office. Some of the groups represent mostly small He noted that the 1990 farm bill cost $57 farmers, but others have many large-farm eye the way farmers have had to do,’’ he billion over five years—$15 billion more than members as well. said. forecast. The new bill would allow no such After the rally and a 6 p.m. barbecue, a 7 KEY PROVISIONS OF ‘‘FREEDOM TO FARM’’ ACT overruns. p.m. question-and-answer session with Glick- Subsidies Hoagland, at the Budget Committee, said man is planned inside the ballroom. Eliminate crop subsidies and reduce pay- that even though the farm bill had been sep- Glickman, a former Kansas congressman, ments annually to farmers, ending them al- arated from the budget-balancing bill: ‘‘Most opposes many aspects of both versions. together in seven years. of our discussions had always assumed that But sponsors of the Glickman dinner—Kan- we would still get some savings, even in any sas Farmers Union and KFDI, a Kansas radio Planting final negotiated agreement, in the $3 billion station—said Glickman is not coming to Eliminate crop acreage restrictions. Farm- to $4 billion range. But we have no savings at Wichita either to take part in the rally or to ers would be allowed to plant as much or lit- all. We have a cost.’’ be rallied against. tle of any crop as they choose.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1896 CONGRESSIONAL RECORD — SENATE March 12, 1996 Maximum payments most of them right up to retirement. Who own. Yet. But unless our president and rep- Lower the maximum payment to farmers will farm then? resentatives get a lot of calls and wires to- under the programs from $50,000 to $40,000 Nebraska lost 33.9 percent of its rural pop- night, we’ve just sold the family farm. but enlarge provisions that could increase ulation between 1980 and 1990. Just as agri- payments to large farmers who create sev- culture is the prime economic base for the [From the Lincoln Journal Star, Feb. 18, eral subentities. state as a whole, farm families are the eco- 1996] nomic base for the main street businesses FREEDOM TO FARM: AN EXCUSE TO ABANDON Conservation which serve them. When the families leave AGRICULTURE Senate version: Reauthorize the Conserva- and fail, the towns dry up and stand rattling Blow a little dust off your memories of the tion Reserve Program through 2002 for up to like pin oaks in the wind. 1988 Senate race in Nebraska. David Karnes 36.4 million acres, provide incentives for Earl Butz—former secretary of agriculture, is at the podium at State Fair Park in Lin- farmers leaving the program to protect the forced to resign for telling off-color, racist coln. Row after row of Republican cheer- most environmentally sensitive land and jokes and later convicted of income tax leaders lean forward, gathering themselves fund a program to reduce pollution from fraud, mentor to Clayton Yeutter and eco- for their next explosion. But coming out of farm and livestock runoff. nomic godfather to Freedom to Farm—Earl Karnes’ mouth are these fateful words: ‘‘We House version: Reduce the Conservation Butz described rural depopulation resulting need fewer farmers at this point in time.’’ Reserve Program and allow land to be with- from low commodity prices this way: ‘‘This Groans. Gasps. Even boos. Cheerleaders drawn from the program at any time. trend toward fewer farms isn’t bad. Rather, slump in their seats. Bob Kerrey seizes on Future it’s good because it frees a larger percentage what Karnes later describes as a slip of the Senate version: Require Congress to pass of the population to become productive tongue and delivers a stern lecture. A few additional farm legislation when the current members of society.’’ weeks later, voters elect Kerrey and cast bill expires. While Butz and Yeutter laid the ground- Karnes into the basement of political es- House version: Instead of requiring a new work for the industrialization of our food teem. bill, name a Commission on 21st Century supply, it has taken Dole and Gingrich to But guess what? Eight years after a prom- Production Agriculture to make future pol- bring big business to its perilous new heights ising conservative showed his poor grasp for icy recommendations. of corporate economic advantage, which is acceptable rhetoric, the underpinnings of the what Freedom to Farm is all about. once unutterable are being uttered daily. As The only people who should care about LUGAR TO KEEP CAMPAIGNING, HOLD AG Congress and President Clinton stumble to- farm policy are the people who eat. As for so PANEL POSITION ward passage of new farm policy, the words much else in modern life, we are in denial ‘‘freedom to farm’’ are much in vogue. They WASHINGTON.—Sen. Dick Lugar, R–Ind., about how food comes to our table. But no are represented, not as the first step toward said Thursday that he would not consider Martha Stewart recipe will take away the abandonment of agriculture, but as breath- stepping down as chairman of the Senate Ag- stink of corporate hog farming and the envi- taking reform. riculture Committee while he continues ronmental and economic devastation that it When Karnes charged into Lincoln with a campaigning for the Republican presidential means to communities just across the Mis- solid shot at beating Kerrey, the nomination. souri River in Iowa. underpinnings for sweeping change were Lugar also said that Sen. Bob Dole, R– National food security is a matter of rea- called ‘‘decoupling.’’ It was a simply slogan Kan., should remain as Senate majority lead- sonable production goals that also give meant to break the link between public pay- er while campaigning for the nomination. something back to the land, and it’s a mat- ments to financially challenged farmers and ‘‘I think Bob Dole is doing a great job as ter of a strategic food reserve. Freedom to public attempts to manage grain supplies our majority leader.’’ Lugar said at a press Farm creates planting chaos and a world of and natural resources. conference. ‘‘I hope I have done a good job boom-and-bust cycles with huge surpluses Eight years later, ‘‘freedom to farm’’ is a getting a farm bill through the Senate.’’ and terrible shortages. The last time the ag- softer sell of essentially the same thing. If Lugar, who received less than 6 percent of ricultural market was this ‘‘free,’’ they conservatives have their way with the next the vote in the Iowa party caucuses and the called it the Great Depression. It not only farm bill, farmers will still get money from New Hampshire primary election, said he can happen here, it has. the government over the next seven years, plans to continue campaigning ‘‘as long as Freedom to Farm means seven years of de- but there will no longer be any requirement there is money and some momentum.’’ coupled welfare payments to farmers, politi- of idle acres. cally indefensible in times when welfare to The trouble with this policy is that it ne- [From the Lincoln Journal Star, Feb. 25, poor women and children being gutted, and glects farmers’ protection against moun- 1996] lending new meaning to ‘‘planned obsoles- tainous and ruinous grain surpluses. It ne- ONLY PEOPLE WHO EAT NEED TO WORRY cence.’’ glects consumers’ protection against short- ABOUT OUR FOOD POLICY In a letter to the editor (LJS, Feb. 21), Bill age. It edges farmers away from earning (By Sally Herrin) Barrett claimed his proposal was designed to their way by conserving and under-utilizing let farmers get their income from the mar- their land assets. The new policy has the The United States Senate put the family ket. But his bill strips farmers of their tradi- government doling out compassion and dol- farm up for sale when it voted 64–32 to send tional marketing tools, including the Farm- lars in diminishing increments over the next Bob Dole’s Agriculture Marketing Transition er-Owned Reserve and the Emergency Live- seven years. Act. S1541, to the House of Representatives stock Fee Program, and caps the loan rate Momentum is still building to send this tomorrow morning, Feb. 26. This is a modi- for corn at $1.89. Since loan caps in practice very message to farmers by mid March, be- fied version of Bill Barrett’s and Newt Ging- generally become price ceilings, this means fore the last-ditch deadline for enrollment in rich’s Freedom to Farm proposal, which is farmers selling corn at or below the cost of the payment-compliance system and the the ‘‘final solution’’ to farm programs. production. start of planting season. The freedom to But farm programs are just for farmers, The food sector, the most profitable in the farm crowd continues to describe it as the rights? Think again. national economy bar none, is shared by four one true path toward self-reliance and cut- Concerned about the environment? No wil- corporations: Cargill, ConAgra, ADM and ting into the federal debt. derness protection initiative has anything IBP. Mexican farmers call them the Coyotes, It is not. It’s not even close. Reformers like the impact on soil and water quality and I’m hoping the tag will catch on. could save tons of money if they just tar- that a national farm policy has, because There is no free market. The food sector geted farm payments toward the smaller and farmers and ranchers own more than three- has become a system of shared monopolies, often younger farmers who need them and fourths of the non-public land in the coun- and by letting men like Dole and Barrett cut off the big farmers who have plenty of try. And while S1541 retains authorization shape our national policy who consistently equity and cash. In what may be the only for the Conservation Reserve (the butt of favor big corporations at the expense of the country in the world that has never known many a late night’s comic joke, this poorly public good, we permit it to happen. food shortages, rational policy makers could understood program builds the nation’s envi- While you may want government off your keep a proven food security system in place, ronmental capital), the stone truth is the back as the shadow of tax time creeps near, cut costs and still offer farmers familiar in- carrot-and-stick good faith partnership be- you’d do well to remember that government centives for controlling erosion and ground- tween ag producers and the nation is broken. is all you’ve got to mitigate, much less con- water contamination. Added long-term conservation goals will be trol, big business. According to the most recent portrayals of sacrificed for short-term economic survival. Bob Dole has been one of Archer Daniels its leadership, the American Farm Bureau Is food security national security? Euro- Midland’s best long-term political invest- Federation, the largest alliance of grain pro- peans old enough to have survived World War ments. Bill Barrett, ConAgra’s largest single ducers nationally and in Nebraska, is among II would say so. Yet, the proposed farm bill PAC recipient for the years 1980–92, is repay- those sold on much rasher behavior. Its le- excludes farmers who haven’t participated in ing his contributor with the Freedom to gions are ready to roll up their sleeves, re- farm programs in at least one of the last five Farm the Farmer is Spades. nounce reliance on tax dollars, and exercise years, cutting off farm kids at the knees. The farm hits the auction block tomorrow this new freedom to farm. The average farmer in Nebraska is 57. morning when the House takes up debate. According to recent portrayals by Sen. Jim Seven years of declining severance pay takes The land is the only thing the Coyotes don’t Exon, the Farm Bureau is mentally ill. It

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1897 must be schizophrenia. Exon said, that has A typical Nebraska farmers could easily prices, lower farm income and make it dif- its spokesmen calling for more of the same make $200 an irrigated acre in profit in 1996— ficult for young farmers to enter production in the federal-farmer partnership one mo- $200 after expenses. If he has 1,000 acres of agriculture,’’ said Swenson. ‘‘We will urge ment and much less of the same the next. corn, that’s profit in six figures. That’s not President Clinton to veto the proposal if it Those eager to demolish farm programs the sort of financial statement that ought to reaches his desk.’’ suggest the average farmer is a millionaire, be supported by another $40,000 from tax- ‘‘Beyond the devastating economic impact because he has a million dollars’ worth of payers. this proposal would have on rural commu- paper assets. They smugly suggest that the Much less likely, but not impossible is this nities, we need to question the long-term government could have bought all the farm- market scenario: A bad export forecast or consequences of a food supply controlled by land in 41 states with the money it spent on the kind of weather that causes bin-busting a handful of multi-national corporations. We the farm program in the last 10 years. surpluses intrudes in the next few weeks, also need to ask ourselves if such a system of Much of this is the rhetoric of insanity. prices plummet, and this financial safety net food production is worth the environmental But regardless of what farm groups and is suddenly woefully inadequate. degradation and the loss of rural businesses farmers really want, consumers should em- The point in either case is that this twist- and infrastructrue,’’ said Swenson. brace sanity and a system that can continue ed vision of farm policy helps farmers when to serve their food needs at a more accept- they don’t need help and could well help WHAT’S WRONG WITH THE FARM BILL able budget price. them too little when they need lots of help. APPROVED BY THE SENATE? Reform is a wonderful thing. Adjusting That’s what Freedom to Farm would do if it S. 1541, the Agriculture Market Transition farm policy so that farmers are cast in the passes in present form. Act, is still ‘‘Freedom to Farm.’’ This is the role of welfare recipients is not reform. It is As it exists in the House, scene of the de- grain trade bill, designed as a watershed leg- a calculated abandonment of government’s bate this week, it is even worse. Freedom to islation to end farm programs. crucial role in ensuring a good supply and Farm on the House side is also woefully defi- This bill decouples production from pay- reasonable food prices. cient in protection of soil and water re- ments. Farmers don’t want decoupled wel- sources and in support for rural development TERM LIMITS CAN’T GOON’96 BALLOT fare payment, they want a fair price for what of things that should matter to farmers, to they produce. In a political climate where Any attempt to put another question deal- consumers, and anybody who understands welfare payments to the poorest children are ing with term limits on the November ballot that farm policy is also food policy and envi- under attack, given the already massive na- could run afoul of the Nebraska Constitu- ronmental policy. tional negative press characterizations of tion, said Secretary of State Scott Moore. In all of those areas, Congress has edged farmers as rich welfare cheats, given the de- Article III, Section 2 of the constitution dangerously close to handing us bad policy. says: ‘‘The same measure, either in form or clining population and political base of farm- SENATE FARM BILL A ‘‘SELL OUT’’ OF FARM in essential substance, shall not be sub- ers, given the fact that farmers will collect FAMILIES, SAYS NFU PRESIDENT mitted to the people by initiative petition, decoupled welfare type payments during pe- either affirmatively or negatively, more WASHINGTON, DC.—The farm bill passed by riods of relatively high commodity prices, often than once in three years.’’ the U.S. Senate Wednesday was termed a Congress will most likely eliminate the The Nebraska Supreme Court last week ‘‘sell out of American farm families and Farm Bill before its scheduled 7 years. This threw out term limits that were placed on their values to the special interests of agi- amounts to an invitation to our own hang- the ballot in 1994. business and a licence for a few corporations ing. Moore said his warning did not apply to a to further dominate the marketing, proc- How can anyone be expected to sign a petition already filed that would seek to essing and trading of agricultural commod- seven-year contract for declining payments force legislators to support term limits. ities’’ by National Farmers Union President without knowing what is being offered? Rather than putting term limits in the State Leland Swenson. Representing 250,000 farm, There is nothing in S. 1541 to even allow pro- constitution, that measure seeks to label on ranch and other rural families across the na- ducers to calculate what their transition the ballot those candidates who do not sup- tion, Swenson expressed concern that the payment would be. All we know is that pay- port the idea. Agricultural Transition Act would escalate ment is limited to 85 percent of contract the move of U.S. agriculture away from its acres, and based on historical yields, frozen FREEDOM TO FARM: FREEDOM TO PLUNDER system of independently owned and operated since 1985. There is no price factor in this TREASURY family farms to that of contract production. formula. USDA just divides the available Farming experts will tell you that a farm- ‘‘How ironic it is for this reform-mined pool of money between contracting farmers. er who can’t make money raising corn at $3 Congress to establish a brand new bureauc- S. 1541 provides what amounts to as ‘‘sever- a bushel should sell the tractor and move to racy instead of enacting real farm policy re- ance payment’’ to older farmers looking to town. Fortunately, most Nebraska farmers forms. The Agricultural Transition Act guar- get out of farming, but what about young are much too smart to miss out on the $3 antees payments regardless of commodity farmers trying to get in? Young farmers are corn and the profits that appear will within prices and regardless of whether or not a locked out. reach as the 1996 growing season approaches. crop is even planted,’’ Said Swenson. ‘‘This This bill actually reduces marketing flexi- But misfortune is in this picture, too—mis- bill would provide producers with a short- bility. It eliminates traditional marketing fortune for taxpayers. Congress is ham- term gain, but it will inevitably lead to long- tools used by farmers to store farm commod- mering out a farm bill that proposes to give term economic pain for independent family ities during periods of low commodity prices: these same savvy farmers as much as $40,000 farmers and for other rural communities,’’ The Farmer Owned Reserve is dead. So is the each in extra income, in precious tax money, said Swenson. Emergency Feed Program and the Emer- this year. Why? Because that how Freedom The Senate is irresponsible in this proposal gency Livestock Feed Assistance Program. To Farm, the new approach that is supposed to enact policies which maximize produc- This lowers the non-recourse marketing to get the government off the farmer’s back, tion, lower commodity prices at the farm assistance loans down to: corn—$1.89, is supposed to work. It put more govern- gate and make set payment,’’ said Swenson. wheat—$2.58, rice—$6.50/cwt, and soybeans ment, more cost, on the taxpayer’s back in- He also notes that under this bill farmers based on 85% of recent average prices, using stead. would be asked to sign seven-year compli- the same formula used for wheat and feed It does this by severing the long-standing ance contracts without even knowing what grains or between $4.92 to $5.25/bu. In addi- connection between grain supplies, market their transition payments will be. tion, it gives the Secretary of Agriculture conditions and levels of price support pay- The Agricultural Transition Act caps mar- the authority to make downward adjustments to producers. keting loan rates for seven years. The max- ments to wheat and feed grain loan rates Conservatives have opened the door to one imum loan rates under this bill would be: based on stocks-to-use-formulas, but no au- of the biggest boondoggles in farm program corn—$1.89 per bushel; wheat—$2.58 per bush- thority to raise loan rates. history. In the first year of this ill-named el; soybeans—$5.26 per bushel; cotton—52 Contracts must be signed by April 15. The ‘‘reform,’’ farmers can get almost $4 a bushel cents per pound; and rice—$6.50 cwt. House has yet to act on the Farm Bill, and for any corn they have in the bin right now. ‘‘Loan rates are capped at artifically low will not likely do so until the end of Feb- The have every night to expect that they can levels, stripping away any opportunity pro- ruary. The House and Senate versions will lock in prices of $3 per bushel or better on ducers might have to market their commod- then need to go to Conference Committee, their 1996 production—and they will still ities in a manner that positively affects farm and then reported to the President. Will that qualify for thousands of dollars in govern- income,’’ said Swenson. ‘‘After two years be enough time to develop new rules and pro- ment support! under this program, production would in- gram regs by then? No. Freedom to Farm sets aside several bil- crease significantly, driving down prices.’’ This Farm Bill will cause a tremendous lions dollars for the first of seven years of Farmers Union supports the U.S. Senate’s amount of uncertainty in crop production as annually declining financial support to farm- retention of permanent farm law and the re- farmers chase whatever crop they think will ers. Allocators of that amount are com- authorization of nutrition, conservation and work best this year. Boom and Bust. Huge pletely oblivious to need and profit influ- rural development programs, as well as in- surpluses, and major crop shortages. Na- ences. Right in front of us here, in fact, is a creased planting flexibility. tional Food Safety is clearly at risk. Land year when farmers are unlikely to need any ‘‘The bottom line is that the Agricultural values and other assets will decrease as crop help at all. Transition Act will drive down commodity prices wildly gyrate and auger their way to

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1898 CONGRESSIONAL RECORD — SENATE March 12, 1996 the bottom of the unprotected world market Because farmers will no longer be told ‘‘We’ve now changed the farm-program price, which tends to be the ‘‘dump price.’’ what to plant and how much to plant, pro- world,’’ said Representative Pat Roberts, a So what is so bad about the 1949 Perma- duction will increase, said Gene Murra, an Kansas Republican who heads the House Ag- nent Farm Bill? Not much. Is it better than economist at South Dakota State Univer- riculture Committee. the current law or the proposed Farm Bills sity. The Senate approved a similar, but slight- in either the Senate or House? Yes, much ‘‘I think it would be very easy, in many ly more costly bill earlier this month. Law- better. cases, for producers to say, ‘Well heck, I makers from both chambers will likely meet What do we want the President to do? might just as well plant as much as I can,’ next week to hammer out a compromise VETO the Farm Bill. and given the fact that we have a relatively version. Agriculture Secretary Dan Glick- [From the Sioux Falls Argus Leader, Feb. 25, high price this year, that’s going to encour- man said the House bill ‘‘fell short’’ in main- 1996] age even more of that kind of thing. So we taining financing for research, rural develop- IOWANS WARY ABOUT FREEDOM TO FARM BILL could have very large production in any ment and food for the poor. He said he would (By George Anthan) given year if the weather is just right,’’ not recommend the bill to Mr. Clinton unless Murra said. the conference committee altered these and WASHINGTON.—Two of Iowa’s most re- Lower crop prices could lower values of ag- spected voices on national agricultural pol- other provisions. ricultural property lending to lower property The Administration and Congress both icy—both of them Republicans and farmers— tax collections, he said. want to pass a farm bill soon and farmers are express strong misgivings over the GOP’s clamoring for a resolution because planting Freedom to Farm bill, which would guar- NFO OPPOSES ‘‘FREEDOM TO FARM ACT’’ AS season has begun or will begin soon in many antee subsidies to farmers regardless of mar- PASSED BY SENATE areas. ket prices. Mr. Glickman also complained that elimi- Cooper Evans of Grundy Center, a former AMES, IA.—The National Farmers Organi- nation of the market-based subsidy pay- congressman and former agriculture adviser zation (NFO) opposes the Freedom to Farm ments would deprive farmers of a vital safety to President Bush’s White House, said the Act as passed by the U.S. Senate. net. But with crop prices at 10-year highs, policy advanced under the Freedom To Farm ‘‘The statement that Iowa U.S. Senator consumer groups say the fixed payments the bill ‘‘would be a disaster.’’ Charles Grassley is circulating that all farm Thurman Gaskill of Corwith—long active organizations support the Freedom to Farm bill calls for would actually cost more in the in national farm policy affairs and a high- Act is erroneous,’’ says NFO president Gene next few years than the current subsidies, ranking political operative for Presidents Paul. ‘‘The NFO cannot support the act be- which fall when prices are high. Nixon, Ford and Bush—said: ‘‘I don’t under- cause in the long run it will not benefit NFO From the New York Times, Mar. 6, 1996] stand the thinking behind this. In the short members, nor rural communities.’’ BIG CHANGES DOWN ON THE FARM ‘‘The one thing that farmers and ranchers term, it’s a hell of a deal. But I don’t think Reforming the nation’s bloated farm sub- in this country need is more economic sta- it’s good for the long-term farm policy of sidy programs is no overnight task. It has bility and sustained profitability based on this country.’’ taken 60 years for an emergency relief pro- fair farm commodity prices. Otherwise, they Evans, an influential member of the House gram to mutate into what now amounts to a are unable to make sound farm management Agriculture Committee during his congres- welfare system for the rural middle class. and marketing decisions. Freedom to Farm sional service, said: ‘‘To me, the important Nevertheless, Congress has moved an amaz- does just the opposite. It transitions farmers point is that now is not the time for a pro- ing distance toward ending support programs into a world market that is anything but gram that can be viewed as strictly a gift in for wheat, corn, rice and cotton. It even took free, and is most notable for price insta- the sense that it’s not at all tied to need, not aim, although it missed, at peanuts, sugar bility,’’ Paul explains.’’ at all tied to current prices, not at all tied to and dairy support systems that milk con- ‘‘Furthermore, while no one wants deep supplies. sumers. government intrusion into day-to-day farm- ‘‘It’s just a gift, which seems to me to be The Senate and House have passed bills ing decisions, the federal government has a totally incompatible with the fundamental that would phase out wheat, corn, rice and legitimate role in agriculture,’’ Paul notes. interest of both parties to whip the budget cotton subsidies over a seven-year period. ‘‘It needs to insure fair competition, both do- deficit.’’ The House came within a few votes of ending mestic and foreign. It needs to keep accurate Evans continued: ‘‘We’re making all kinds peanut and sugar programs and beat back an records of the agricultural industry. And it of claims on programs that have a much audacious attempt by some dairy interests needs to provide some form of an income larger constituency, and I think it makes to make milk marketing even more costly to safety net to food and fiber producers who those who support (Freedom To Farm) ex- consumers. Senate-House conferees need to are the victims of circumstances beyond tremely vulnerable to the criticism that make clear, as the House bill attempts to do, their control, such as severe weather, polit- you’re cutting Medicare, you’re cutting Med- that after 2002 the farm welfare supplicants ical shenanigans, and market manipula- icaid . . . and yet you’re giving this money cannot count on reverting to old, discredited tions.’’ to farmers regardless of what they do, re- law. Another NFO concern about Freedom to gardless of what they plant, regardless of The seven-year weaning process, a schedule Farm, according to Paul, is the image it will what the prices are. of declining annual payments to farmers re- convey to consumers and taxpayers that ‘‘It would be most inappropriate to do gardless of their planting decisions, is itself farmers are benefitting from an unnecessary this.’’ a form of welfare designed to appease long- Conversely, Rep. Tom Latham, R-Iowa, government subsidy or handout. pampered farm lobbyists. The House bill who strongly supports Freedom To Farm, ‘‘The American public already has a false would make it harder for lobbyists to extend said it ‘‘eases our farm economy into a mar- conception that family farmers are doing the dole after seven years and is thus pref- ket-oriented economy though guaranteed well economically, when in fact thousands of erable to the Senate version. market transition payments.’’ them continue to go out of business each Peanuts and sugar have narrowly survived But Freedom To Farm, approved recently year,’’ Paul concludes. ‘‘Freedom to Farm but they are rapidly becoming endangered by the Senate, isn’t law, yet. The House re- will do nothing to improve the image of agri- species at a time of budget constraints and turns this week to take it up amid signs of culture, nor will it deal with the solution to growing impatience with wasteful govern- rebellion among conservatives, environ- America’s farm problem, which is sustained, ment spending. It is now planting season, mentalists, consumer advocates and even profitable commodity prices.’’ time for the Senate and House to adopt the farm-state legislators. better elements of both bills. House conservatives are upset because the [From the New York Times, Mar. 1, 1996] Senate, to avoid a filibuster, added $4 billion HOUSE APPROVES BIGGEST CHANGE IN FARM [From the Lincoln Journal-Star, Feb. 19, to the bill’s cost and reauthorized food POLICY SINCE NEW DEAL 1996] stamps and other nutrition programs they LEGISLATION PHASES OUT SUBSIDIES OVER 7 wanted to cut back as part of welfare reform. BIG AGRIBUSINESS ENJOYED BENEFITS IN Also, the Senate avoided dealing with the YEARS SENATE FARM BILL complex dairy issue. But a House proposal is (By Eric Schmitt) WASHINGTON.—With a mix of luck, work being attacked by consumer and food manu- WASHINGTON.—The House today approved a and unusual organization, the lobby for big facturing interests as a measure that would major overhaul of American farm programs, grain companies, railroads, meat companies, force higher milk prices. voting to end 1930’s policies that pay farmers millers and shippers scored a big win in the not to plant certain crops and to replace Senate-passed overhaul of farm programs. ECONOMIST: FARM BILL WILL DROP CROP many subsidies with fixed payments that The ‘‘Freedom to Farm’’ bill, as it’s called, PRICES would end after seven years. stops the government from forcing growers The Freedom to Farm bill, as written, The $46 billion legislation, the most far- to idle land in order to keep getting federal would mean lower crop prices, more produc- reaching agricultural bill since the New payments. It says farmers can grow the crop tion and could ultimately affect property tax Deal, ends most Government controls over that’s most likely to sell without losing gov- revenues, an agricultural economist said. planting decisions for America’s 1.5 million ernment payments usually tied to a par- The bill, passed by the U.S. Senate, would farmers. The vote was 270 to 155, with 54 ticular crop. For seven years, at least, the phase out crop subsidies to producers over a Democrats voting for the bill and 19 Repub- government won’t fix the price of corn, seven-year period. licans voting against. wheat and other row crops.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1899 Those things please the people who depend [From the Omaha World-Herald, Feb. 25, Stephanie Patrick of Cargill Inc. of Min- on a steady stream of raw farm goods. The 1996] neapolis, like ConAgra a large grain buyer stress on volume over price has made farm- BUSINESSES PUT MUSCLE BEHIND FARM BILL and meat packer, said she couldn’t predict ers suspicious of being exploited. Still, farm- PUSH the fate of the farm bill in the House or ers wanted some of the same things, too, (By David C. Beeder) whether it might be vetoed by President which is one reason the Senate could pass Clinton. WASHINGTON.—Major changes in U.S. farm the bill 64–32 on Feb. 7. However, she said, the coalition has been a policy—passed by the Senate and pending in major factor in moving the legislation to a Not that the antagonisms, dating to the the House—will get a big push all the way to last century, will end. Democratic advocates point of decision. the White House from a powerful coalition of ‘‘The most gratifying thing about this bill for small farmers from states like North Da- more than 100 grain traders, processors, ship- kota and Minnesota futilely hammered the is that we all were going for the same goal,’’ pers, retailers and producer organizations. she said. bill for helping corporate America while ‘‘We wanted to retain a farm income safety Floyd Gaibler of the 1,200-member, 8,000- leaving the yeoman farmer out in the cold net but also eliminate acreage reduction pro- outlet Agricultural Retailers Association, when price-based subsidies end. grams (ARPs),’’ said Mary Waters of said his organization joined the coalition be- ‘‘In the long run it says you’re on your own ConAgra Inc. of Omaha. ‘‘Both of these bills cause it supported the goal of ending supply- with Cargill. You’re on your own with the do that.’’ management policies in agriculture. Chicago Board of Trade,’’ said Sen. Paul Stu Hardy of the U.S. Chamber of Com- ‘‘I think everybody agrees they don’t work Wellstone, D-Minn., taking on the Min- merce said the legislation could have been in today’s global market,’’ said Gaibler, a nesota-based food giant during the Senate strengthened if it had reduced the amount of native of Farnam, Neb., who was an assistant debate. acreage in the 36 million acre Conservation to former Secretary of Agriculture Richard Reserve Program, in which farmers are paid Cargill Inc., and the Chicago Board of Lyng. to idle land. Trade did work Congress. So did such giants Drew Collier of Union Pacific Railroad, a ‘‘This program goes on and on without ade- as General Mills Inc., Tyson Foods, Kraft coalition member, said the Senate-passed quate opportunities for an early out,’’ Hardy Foods and Procter & Gamble, Union Pacific bill would move the country toward a mar- Railroad, Rabobank Nederland, The Fer- said. He said the Coalition for a Competitive ket-oriented farm policy that would result in tilizer Institute and others who build a busi- more grain being transported by rail to ex- ness from agriculture. Food & Agricultural System also was concerned about the Senate’s retention of gov- port markets. Unlike before, the food companies and ‘‘The market place ultimately is the best ernment programs restricting an open mar- trade groups banded together. In the fall of arbiter of these issues,’’ Collier said. ‘‘Sup- ket for peanuts, sugar and dairy products. 1994, more than 120 formed the Coalition for ‘‘But we are pleased with the planting ply-side management has not proved to be a Competitive Food & Agricultural System. flexibility, the elimination of ARPs and the the solution.’’ ‘‘It was probably the first time in history decoupling of income support and crop prices At the Chicago Board of Trade, where farm that a broad-based group in the food indus- on a per-bushel or per-pound basis,’’ Hardy policy is translated into prices and price pro- try had gotten together with market-ori- said. tections, Celesta Jurkovich said the need for ented reforms in mind,’’ said spokesman Stu The seven-year Senate bill, which passed more U.S. production has been apparent for Hardy, a former staffer on the Senate Agri- 64–32 Feb. 7, would end government subsidies some time. culture Committee, now with the U.S. Cham- for corn, wheat, cotton and rice on farms ‘‘You can see it in what’s happening to ber of Commerce. where those crops were planted on govern- prices,’’ she said. ‘‘They’ve been going Individual members had tried to shape ear- ment-authorized acreage year after year. through the roof. The demand out there far lier farm bills, he said, but congressional Under the Senate bill, farmers would be al- exceeds the supply.’’ Ms. Jurkovich, a senior vice president at committees answered mainly to grower lowed to plant any crop—or no crop at all— the Chicago Board of Trade, said global groups and general farm organizations like while continuing to receive government pay- trends in population and rising living stand- the American Farm Bureau Federation. Oth- ments based on a declining percentage of ards indicate demand will remain strong into ers were ‘‘pesky intruders,’’ he said. subsidies paid in the past. the next century. This time the coalition planned and car- ‘‘It’s a buyout. That’s what it is,’’ said ried out a lobbying campaign to show urban Hardy. ‘‘But the costs are fixed, and they are The PRESIDING OFFICER. Does the and suburban lawmakers what their stake capped.’’ Senator from Montana renew his unan- In the past, he said, Congress would pass a was in farm law. Farmers who depend on imous-consent request? five-year farm bill with a cost estimate that crop subsidies number in the hundreds of Mr. BURNS. I propound that same generally fell far short of the eventual ex- thousands. The mills, railroads, ports and penditure. unanimous-consent request. food companies and rest of the business pro- Opponents of the Senate-passed bill in- The PRESIDING OFFICER. Is there vide 19 million jobs, often a long distance clude Sens. Tom Harkin, D-Iowa, J.J. Exon, objection? from the fields. D-Neb., and Bob Kerrey, D-Neb., who contend Without objection, it is so ordered. The group and its members met with every it will destroy a system intended to protect So the bill (H.R. 2584), as amended, member of Congress or their staffs, putting consumers and America’s food supply in was passed. together information on each district. It years when commodity prices fall below the The PRESIDING OFFICER (Mr. held farm bill seminars for congressional cost of production. BROWN) appointed Senators LUGAR, staff and the media. Bob Petersen of the National Grain Trade The job turned out to be a lot easier than Council said the coalition would not have en- DOLE, HELMS, COCHRAN, MCCONNELL, first thought. The Republican takeover of dorsed a bill without income protections for CRAIG, LEAHY, PRYOR, HEFLIN, HARKIN, Congress, the move to overhaul government farmers. and CONRAD conferees on the part of and the push to balance the budget were not ‘‘But we felt the time for a 1930s-style farm the Senate. sure things. bill had come and gone,’’ said Petersen, a na- Mr. BURNS. Mr. President, I inquire Wanting to keep the safety net but have tive of Burwell, Neb. ‘‘We wanted an income of my friend from Nebraska who prob- more freedom to switch crops, farmers were safety net that would not distort markets.’’ ably knows more about football than Petersen, whose organization represents ready for some change, then more. The Agri- the average Senator. I once heard Dar- culture Department made corn growers idle 8 grain markets including the Chicago Board of Trade and the Lincoln, Neb., grain ex- rell Royal, who was head football coach percent of their land in 1995. The way the at the University of Texas. They al- market went, growers could have planted change, said U.S. farmers should have the those acres and sold the crop at a good price. opportunity to capture a greater share of ways asked him why he never passed Western Kansas wheat growers suffered a global markets at a time when prices are the ball very much. He had a great run- crop disaster, but had to repay advance sub- strong. ning team, and had a couple of national sidies when prices soared. He said the coalition of organizations sup- championships. He said, ‘‘You know, porting major change came together gradu- Rep. Pat Roberts, R–Kan., chairman of the ally over a period of a year. when you pass the football, three House Agriculture Committee, came up with ‘‘Some of the farm groups were pretty sus- things happen. And two of them are the Freedom to Farm bill, which guaranteed picious of us at first,’’ Petersen said. ‘‘As the bad.’’ a payment for farmers that falls over seven year has gone on we’ve all gravitated toward That is kind of like the way we are years and is not linked to crop prices. the same position.’’ running the farm program now. When The coalition didn’t get everything. It Petersen said the bill passed by the House you are in the grain business because couldn’t cut the Conservation Reserve Pro- could be considerably different than the Sen- the grain companies can buy the grain gram, which keeps 36 million acres of land ate bill. out of production, including some good farm ‘‘However, I think it will get done,’’ he cheap, if you take out a market loan land. The Senate bill keeps ‘‘permanent’’ said. ‘‘Farmers and farm groups have been on your grain you can forfeit the grain, farm law in the attic, meaning the old sys- quite vocal in telling Congress they want a if it is not market price. And that goes tem of crop-based subsidies could return. bill.’’ into the pockets of the taxpayer. Then

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1900 CONGRESSIONAL RECORD — SENATE March 12, 1996 the grain companies buy that after The PRESIDING OFFICER. The clo- NOMINATION OF THOMAS A. FINK that happens probably at a lower price. ture motion having been presented TO BE A MEMBER OF THE FED- Or they can go ahead and buy the under rule XXII, the clerk will report. ERAL RETIREMENT THRIFT IN- grain, and the taxpayers pick up the The legislative clerk read as follows: VESTMENT BOARD difference between the grain and the CLOTURE MOTION Mr. BURNS. Mr. President, as in ex- target price. Three things happen. Two ecutive session, I ask unanimous con- of them are bad for the taxpayer, and I We, the undersigned Senators, in accordance with the provisions of rule XXII of the sent that the Governmental Affairs think for agriculture. Committee be immediately discharged The reason we have high prices right Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- of the nomination of Thomas Fink to now is because we had a crop failure. tion to proceed to S. Res. 227 regarding the be a Member of the Federal Retirement How can you pay a deficiency payment Whitewater extension. Thrift Investment Board; further, that when you do not have any wheat? Alfonse D’Amato, Trent Lott, C.S. Bond, the Senate proceed immediately to the We had a great crop in Montana. We Fred Thompson, Slade Gorton, Don consideration of the nomination; that had a big crop and got a big price, and Nickles, Paul Coverdell, Spencer Abra- the nomination be confirmed; that any everybody is wealthy without the lux- ham, Chuck Grassley, Conrad Burns, Rod Grams, Richard G. Lugar, Mike statement appear in the RECORD as if ury of the deficiency payments. read; that upon confirmation the mo- So I think what we are doing is so DeWine, Mark Hatfield, Orrin G. Hatch, and Thad Cochran. tion to reconsider be laid upon the that a majority of agriculture would table, the President be immediately Mr. BURNS. Mr. President, I ask like to get their dollars at the market- notified of the Senate’s action, and the unanimous consent that the vote occur place, and I hope that this will work. If Senate then return to legislative ses- on Thursday, March 14, at a time to be it does not then I will be the first Sen- sion. ator on the door of the Senator from determined by the two leaders and the The PRESIDING OFFICER. Is there Nebraska after he has retired in Lin- mandatory quorum under rule XXII be objection? Without objection, it is so coln, NE, and we might enjoy a football waived. ordered. game and watch Big Red roll. And then The PRESIDING OFFICER. Without The nomination was considered and we will talk about all the mistakes objection, it is so ordered. confirmed, as follows: that we made together. Mr. BURNS. Mr. President, I now FEDERAL RETIREMENT THRIFT INVESTMENT Mr. EXON. If the Senator will yield, withdraw the motion. BOARD I thank him very much for his com- The PRESIDING OFFICER. The mo- Thomas A. Fink, of Alaska, to be a Mem- ments. tion is withdrawn. ber of the Federal Retirement Thrift Invest- There is one thing that I want to cor- ment Board for a term expiring October 11, rect, because no one knows it better 1999. f than my friend and colleague from f Montana. Certainly each and every cat- AUTHORIZING THE USE OF THE HOUSING OPPORTUNITY PROGRAM tle farmer is not doing well today. And EXTENSION ACT OF 1995 no one knows that better than my CAPITOL ROTUNDA Mr. BURNS. Mr. President, I ask that friend from Montana because at one Mr. BURNS. Mr. President, I ask time he was a very prominent cattle the Chair lay before the Senate a mes- unanimous consent that the Senate sage from the House on S. 1494, a bill to person in Montana, and he knows bet- proceed to Senate Concurrent Resolu- ter than anybody else the sad condition provide an extension for fiscal year 1996 tion 45, submitted earlier by Senators for certain programs administered by that our cattle industry is in today. I DOLE and HELMS. just wanted to correct the record. I the Secretary of Housing and Urban The PRESIDING OFFICER. The know that he agrees with that. So ev- Development and the Secretary of Ag- clerk will report. erybody in Montana is not doing well. riculture, and for other purposes. If there are any corn people up there, The assistant legislative clerk read The PRESIDING OFFICER laid be- and the wheat people are probably as follows:. fore the Senate the following message doing pretty good and will the next 7 A concurrent resolution (S. Con. Res. 45) from the House of Representatives: years, I do not know about the cattle authorizing the use of the Capitol rotunda on Resolved, That the bill from the Senate (S. business. May 2d, 1996, for the presentation of the Con- 1494) entitled ‘‘An Act to provide an extension for fiscal year 1996 for certain programs Mr. BURNS. We will hope for better gressional Gold Medal to Reverend and Mrs. Billy Graham. administered by the Secretary of Housing times in the cattle business. The Sen- and Urban Development and the Secretary of ator from Nebraska knows that we There being no objection, the Senate Agriculture, and for other purposes.’’, do have been through these times before, proceeded to consider the concurrent pass with the following amendment: and we will go through this one. resolution. Strike out all after the enacting clause, I will be honest with you. I have a Mr. BURNS. Mr. President, I ask and insert: hard time, I say to the Senator from unanimous consent that the concur- SECTION 1. SHORT TITLE. Nebraska, of going down the aisle in This Act may be cited as the ‘‘Housing Oppor- rent resolution be considered and tunity Program Extension Act of 1996’’. the grocery store. And these people are agreed to, the motion to reconsider be SEC. 2. MULTIFAMILY HOUSING ASSISTANCE. setting up here tonight. They buy a box laid upon the table, and that any state- (a) SECTION 8 CONTRACT RENEWAL.—Notwith- of Wheaties. Wheaties is $3.46 cents a ments relating to the concurrent reso- standing section 405(b) of the Balanced Budget pound. It is not $3.46 cents a box, but a lution appear in the appropriate place Downpayment Act, I (Public Law 104–99; 110 pound. Until this year we had a hard in the RECORD. Stat. 44), at the request of the owner of any time getting $3.50 cents a bushel for a The PRESIDING OFFICER. Without project assisted under section 8(e)(2) of the bushel of wheat, and there are 60 United States Housing Act of 1937 (as such sec- objection, it is so ordered. tion existed immediately before October 1, 1991), pounds in that bushel. I have a hard So the concurrent resolution (S. Con. time dealing with that. the Secretary of Housing and Urban Develop- Res. 45) was agreed to, as follows: ment may renew, for a period of 1 year, the con- So I appreciate the comments of my tract for assistance under such section for such S. CON. RES. 45 friend from Nebraska. project that expires or terminates during fiscal f Resolved by the Senate (the House of Rep- year 1996 at current rent levels. resentatives concurring), That the rotunda of (b) LOW-INCOME HOUSING PRESERVATION.— WHITEWATER DEVELOPMENT the United States Capitol is hereby author- (1) USE OF AMOUNTS.—Notwithstanding any CORP. AND RELATED MATTERS— ized to be used on May 2, 1996, at 2 o’clock provision of the Balanced Budget Downpayment MOTION TO PROCEED post meridian, for the presentation of the Act, I (Public Law 104–99; 110 Stat. 26) or any Congressional Gold Medal to Reverend and other law, the Secretary shall use the amounts CLOTURE MOTION Mrs. Billy Graham. Physical preparations for described in paragraph (2) of this subsection Mr. BURNS. Mr. President, I now the conduct of the ceremony shall be carried under the authority and conditions provided in move to proceed to Senate Resolution out in accordance with such conditions as the 2d undesignated paragraph of the item re- 227, the Whitewater legislation, and I may be prescribed by the Architect of the lating to ‘‘HOUSING PROGRAMS—ANNUAL CON- send a cloture motion to the desk. Capitol. TRIBUTIONS FOR ASSISTED HOUSING’’ in title II of

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1901 the bill, H.R. 2099 (104th Congress), as passed tional Housing Act (12 U.S.C. 1715z–20(g)) is the public housing agency shall provide the ten- the House of Representatives on December 7, amended by striking ‘‘30,000’’ and inserting ant or applicant with a copy of the criminal 1995; except that for purposes of this subsection, ‘‘50,000’’. record and an opportunity to dispute the accu- any reference in such undesignated paragraph (c) ELIGIBLE MORTGAGES.—Section 255(d)(3) of racy and relevance of that record. to March 1, 1996, shall be construed to refer to the National Housing Act (12 U.S.C. 1715z– ‘‘(3) FEE.—A public housing agency may be April 15, 1996, any reference in such paragraph 20(d)(3)) is amended to read as follows: charged a reasonable fee for information pro- to July 1, 1996, shall be construed to refer to Au- ‘‘(3) be secured by a dwelling that is designed vided under paragraph (1). gust 15, 1996, and any reference in such para- principally for a 1- to 4-family residence in ‘‘(4) RECORDS MANAGEMENT.—Each public graph to August 1, 1996, shall be construed to which the mortgagor occupies 1 of the units;’’. housing agency shall establish and implement a refer to September 15, 1996. SEC. 7. LIMITATION ON GNMA GUARANTEES OF system of records management that ensures that (2) DESCRIPTION OF AMOUNTS.—Except as oth- MORTGAGE-BACKED SECURITIES. any criminal record received by the public hous- erwise provided in any future appropriation Section 306(g)(2) of the Federal National ing agency is— Act, the amounts described under this para- Mortgage Association Charter Act (12 U.S.C. ‘‘(A) maintained confidentially; graph are any amounts that— 1721(g)(2)) is amended to read as follows: ‘‘(B) not misused or improperly disseminated; (A) are— ‘‘(2) Notwithstanding any other provision of and ‘‘(C) destroyed, once the purpose for which (i) unreserved, unobligated amounts provided law and subject only to the absence of qualified the record was requested has been accomplished. in an appropriation Act enacted before the date requests for guarantees, to the authority pro- ‘‘(5) DEFINITION.—For purposes of this sub- of the enactment of this Act; vided in this subsection, and to the extent of or (ii) provided under the Balanced Budget section, the term ‘adult’ means a person who is in such amounts as any funding limitation ap- 18 years of age or older, or who has been con- Downpayment Act, I; or proved in appropriation Acts, the Association (iii) provided in any appropriation Act en- victed of a crime as an adult under any Federal, shall enter into commitments to issue guarantees State, or tribal law.’’. acted after the date of the enactment of this under this subsection in an aggregate amount of Act; and (c) INELIGIBILITY BECAUSE OF EVICTION FOR $110,000,000,000 during fiscal year 1996. There DRUG-RELATED ACTIVITY.—Section 6 of the (B) are provided for use in conjunction with are authorized to be appropriated to cover the properties that are eligible for assistance under United States Housing Act of 1937 is amended by costs (as such term is defined in section 502 of adding after subsection (q) (as added by sub- the Low-Income Housing Preservation and Resi- the Congressional Budget Act of 1974) of guar- dent Homeownership Act of 1990 or the Emer- section (b) of this section) the following new antees issued under this Act by the Association subsection: gency Low Income Housing Preservation Act of such sums as may be necessary for fiscal year 1987. ‘‘(r) INELIGIBILITY BECAUSE OF EVICTION FOR 1996.’’. DRUG-RELATED ACTIVITY.—Any tenant evicted SEC. 3. COMMUNITY DEVELOPMENT BLOCK SEC. 8. EXTENSION OF MULTIFAMILY HOUSING GRANTS. from housing assisted under this title by reason FINANCE PROGRAMS. (a) DIRECT HOMEOWNERSHIP ACTIVITIES.— of drug-related criminal activity (as that term is (a) RISK-SHARING PILOT PROGRAM.—The first Notwithstanding the amendments made by sec- defined in section 8(f)) shall not be eligible for sentence of section 542(b)(5) of the Housing and tion 907(b)(2) of the Cranston-Gonzalez National housing assistance under this title during the 3- Community Development Act of 1992 (12 U.S.C. Affordable Housing Act, section 105(a)(25) of the year period beginning on the date of such evic- 1707 note) is amended by striking ‘‘on not more Housing and Community Development Act of tion, unless the evicted tenant successfully com- than 15,000 units over fiscal years 1993 and 1974, as in existence on September 30, 1995, shall pletes a rehabilitation program approved by the 1994’’ and inserting ‘‘on not more than 7,500 apply to the use of assistance made available public housing agency (which shall include a units during fiscal year 1996’’. under title I of the Housing and Community De- waiver of this subsection if the circumstances (b) HOUSING FINANCE AGENCY PILOT PRO- velopment Act of 1974 during fiscal year 1996. leading to eviction no longer exist).’’. GRAM.—The first sentence of section 542(c)(4) of (d) INELIGIBILITY OF ILLEGAL DRUG USERS (b) INCREASE IN CUMULATIVE LIMIT.—Section the Housing and Community Development Act 108(k)(1) of the Housing and Community Devel- AND ALCOHOL ABUSERS FOR ASSISTED HOUS- of 1992 (12 U.S.C. 1707 note) is amended by strik- opment Act of 1974 (42 U.S.C. 5308(k)(1)) is ING.—Section 16 of the United States Housing ing ‘‘on not to exceed 30,000 units over fiscal amended by striking ‘‘$3,500,000,000’’ and insert- Act of 1937 (42 U.S.C. 1437n) is amended— years 1993, 1994, and 1995’’ and inserting ‘‘on (1) in the section heading by striking ‘‘IN- ing ‘‘$4,500,000,000’’. not more than 12,000 units during fiscal year COME’’; and SEC. 4. EXTENSION OF RURAL HOUSING PRO- 1996’’. (2) by adding at the end the following new GRAMS. SEC. 9. SAFETY AND SECURITY IN PUBLIC AND subsection: (a) UNDERSERVED AREAS SET-ASIDE.—Section ‘‘(e) INELIGIBILITY OF ILLEGAL DRUG USERS 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C. ASSISTED HOUSING. (a) CONTRACT PROVISIONS AND REQUIRE- AND ALCOHOL ABUSERS.— 1479(f)(4)(A)) is amended— ‘‘(1) IN GENERAL.—Notwithstanding any other MENTS.—Section 6 of the United States Housing (1) in the first sentence, by striking ‘‘fiscal provision of law, a public housing agency shall years 1993 and 1994’’ and inserting ‘‘fiscal year Act of 1937 (42 U.S.C. 1437d) is amended— (1) in subsection (k), in the matter following establish standards for occupancy in public 1996’’; and housing dwelling units and assistance under (2) in the second sentence, by striking ‘‘each’’. paragraph (6)— (A) by striking ‘‘on or near such premises’’ section 8— (b) RURAL MULTIFAMILY RENTAL HOUSING.— ‘‘(A) that prohibit occupancy in any public and inserting ‘‘on or off such premises’’; and Section 515(b)(4) of the Housing Act of 1949 (42 housing dwelling unit by, and assistance under (B) by striking ‘‘criminal’’ the first place it U.S.C. 1485(b)(4)) is amended by striking ‘‘Sep- section 8 for, any person— appears; and tember 30, 1994’’ and inserting ‘‘September 30, ‘‘(i) who the public housing agency determines (2) in subsection (l)(5), by striking ‘‘on or near 1996’’. is illegally using a controlled substance; or (c) RURAL RENTAL HOUSING FUNDS FOR NON- such premises’’ and inserting ‘‘on or off such ‘‘(ii) if the public housing agency determines PROFIT ENTITIES.—The first sentence of section premises’’. that it has reasonable cause to believe that such 515(w)(1) of the Housing Act of 1949 (42 U.S.C. (b) AVAILABILITY OF CRIMINAL RECORDS FOR person’s illegal use (or pattern of illegal use) of 1485(w)(1)) is amended by striking ‘‘fiscal years SCREENING AND EVICTION.—Section 6 of the a controlled substance, or abuse (or pattern of 1993 and 1994’’ and inserting ‘‘fiscal year 1996’’. United States Housing Act of 1937 (42 U.S.C. abuse) of alcohol, may interfere with the health, SEC. 5. LOAN GUARANTEES FOR MULTIFAMILY 1437d) is amended by adding at the end the fol- safety, or right to peaceful enjoyment of the RENTAL HOUSING IN RURAL AREAS. lowing new subsection: premises by other residents of the project; and (a) IN GENERAL.—The provisions of section 5 ‘‘(q) AVAILABILITY OF RECORDS.— ‘‘(B) that allow the public housing agency to of the bill, H.R. 1691 (104th Congress), as passed ‘‘(1) IN GENERAL.— terminate the tenancy in any public housing the House of Representatives on October 30, ‘‘(A) PROVISION OF INFORMATION.—Notwith- unit of, and the assistance under section 8 for, 1995, are hereby enacted into law. standing any other provision of law, except as any person— (b) TECHNICAL AMENDMENT.—Section 538 of provided in subparagraph (B), the National ‘‘(i) who the public housing agency determines the Housing Act of 1949 (as added by the Crime Information Center, police departments, is illegally using a controlled substance; or amendment made pursuant to subsection (a) of and other law enforcement agencies shall, upon ‘‘(ii) whose illegal use of a controlled sub- this section) is amended by striking ‘‘Home- request, provide information to public housing stance, or whose abuse of alcohol, is determined steading and Neighborhood Restoration Act of agencies regarding the criminal conviction by the public housing agency to interfere with 1995’’ each place it appears and inserting records of adult applicants for, or tenants of, the health, safety, or right to peaceful enjoy- ‘‘Housing Opportunity Program Extension Act public housing for purposes of applicant screen- ment of the premises by other residents of the of 1996’’. ing, lease enforcement, and eviction. project. SEC. 6. EXTENSION OF FHA MORTGAGE INSUR- ‘‘(B) EXCEPTION.—A law enforcement agency ‘‘(2) CONSIDERATION OF REHABILITATION.—In ANCE PROGRAM FOR HOME EQUITY described in subparagraph (A) shall provide in- determining whether, pursuant to paragraph CONVERSION MORTGAGES. formation under this paragraph relating to any (1), to deny occupancy or assistance to any per- (a) EXTENSION OF PROGRAM.—The first sen- criminal conviction of a juvenile only to the ex- son based on a pattern of use of a controlled tence of section 255(g) of the National Housing tent that the release of such information is au- substance or a pattern of abuse of alcohol, a Act (12 U.S.C. 1715z–20(g)) is amended by strik- thorized under the law of the applicable State, public housing agency may consider whether ing ‘‘September 30, 1996’’ and inserting ‘‘Sep- tribe, or locality. such person— tember 30, 2000’’. ‘‘(2) OPPORTUNITY TO DISPUTE.—Before an ad- ‘‘(A) has successfully completed a supervised (b) LIMITATION ON NUMBER OF MORTGAGES.— verse action is taken with regard to assistance drug or alcohol rehabilitation program (as ap- The second sentence of section 255(g) of the Na- under this title on the basis of a criminal record, plicable) and is no longer engaging in the illegal

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1902 CONGRESSIONAL RECORD — SENATE March 12, 1996 use of a controlled substance or abuse of alcohol fordability strategy under section 105 of the ber of times a public housing agency extends the (as applicable); Cranston-Gonzalez National Affordable Housing effectiveness of a designation and plan under ‘‘(B) has otherwise been rehabilitated success- Act; and this paragraph. fully and is no longer engaging in the illegal use ‘‘(B) to meet the housing needs of the low-in- ‘‘(3) TRANSITION PROVISION.—Any application of a controlled substance or abuse of alcohol (as come population of the jurisdiction; and and allocation plan approved under this section applicable); or ‘‘(2) includes a description of— (as in effect before the date of the enactment of ‘‘(C) is participating in a supervised drug or ‘‘(A) the project (or portion of a project) to be the Housing Opportunity Program Extension alcohol rehabilitation program (as applicable) designated; Act of 1996) before such date of enactment shall and is no longer engaging in the illegal use of ‘‘(B) the types of tenants for which the project be considered to be a plan under subsection (d) a controlled substance or abuse of alcohol (as is to be designated; that is in effect for purposes of this section for applicable). ‘‘(C) any supportive services to be provided to the 5-year period beginning upon such ap- ‘‘(3) INAPPLICABILITY TO INDIAN HOUSING.— tenants of the designated project (or portion); proval. This subsection does not apply to any dwelling ‘‘(D) how the design and related facilities (as ‘‘(g) INAPPLICABILITY OF UNIFORM RELOCA- unit assisted by an Indian housing authority.’’. such term is defined in section 202(d)(8) of the TION ASSISTANCE AND REAL PROPERTY ACQUISI- SEC. 10. PUBLIC HOUSING DESIGNATED FOR EL- Housing Act of 1959) of the project accommodate TIONS POLICY ACT OF 1970.—No tenant of a pub- DERLY AND DISABLED FAMILIES. the special environmental needs of the intended lic housing project shall be considered to be dis- (a) AUTHORITY FOR DESIGNATION.—Section 7 occupants; and placed for purposes of the Uniform Relocation of the United States Housing Act of 1937 (42 ‘‘(E) any plans to secure additional resources Assistance and Real Property Acquisitions Pol- U.S.C. 1437e) is amended to read as follows: or housing assistance to provide assistance to icy Act of 1970 because of the designation of any ‘‘DESIGNATED HOUSING FOR ELDERLY AND families that may have been housed if occu- existing project or building, or portion thereof, DISABLED FAMILIES pancy in the project were not restricted pursu- for occupancy as provided under subsection (a) ‘‘SEC. 7. (a) AUTHORITY TO PROVIDE DES- ant to this section. of this section. IGNATED HOUSING.— For purposes of this subsection, the term ‘sup- ‘‘(h) INAPPLICABILITY TO INDIAN HOUSING.— ‘‘(1) IN GENERAL.—Subject only to provisions portive services’ means services designed to meet The provisions of this section shall not apply of this section and notwithstanding any other the special needs of residents. with respect to low-income housing developed or provision of law, a public housing agency for ‘‘(e) REVIEW OF PLANS.— operated pursuant to a contract between the which a plan under subsection (d) is in effect ‘‘(1) REVIEW AND NOTIFICATION.—The Sec- Secretary and an Indian housing authority.’’. may provide public housing projects (or portions retary shall conduct a limited review of each (b) AUTHORIZATION OF APPROPRIATIONS FOR of projects) designated for occupancy by (A) plan under subsection (d) that is submitted to IMPLEMENTATION OF ALLOCATION PLANS.—There only elderly families, (B) only disabled families, the Secretary to ensure that the plan is complete are authorized to be appropriated for fiscal year or (C) elderly and disabled families. and complies with the requirements of sub- 1996 such sums as may be necessary for rental ‘‘(2) PRIORITY FOR OCCUPANCY.—In deter- section (d). The Secretary shall notify each pub- subsidy contracts under the existing housing mining priority for admission to public housing lic housing agency submitting a plan whether certificate and housing voucher programs under projects (or portions of projects) that are des- the plan complies with such requirements not section 8 of the United States Housing Act of ignated for occupancy as provided in paragraph later than 60 days after receiving the plan. If 1937 for public housing agencies to implement (1), the public housing agency may make units the Secretary does not notify the public housing allocations plans for designated housing under in such projects (or portions) available only to agency, as required under this paragraph or section 7 of such Act that are approved by the the types of families for whom the project is des- paragraph (2), the plan shall be considered, for Secretary of Housing and Urban Development. ignated. purposes of this section, to comply with the re- SEC. 11. ASSISTANCE FOR HABITAT FOR HUMAN- ‘‘(3) ELIGIBILITY OF NEAR-ELDERLY FAMI- quirements under subsection (d) and the Sec- ITY AND OTHER SELF-HELP HOUS- LIES.—If a public housing agency determines retary shall be considered to have notified the ING PROVIDERS. that there are insufficient numbers of elderly agency of such compliance upon the expiration (a) GRANT AUTHORITY.—The Secretary of families to fill all the units in a project (or por- of such 60-day period. Housing and Urban Development may, to the tion of a project) designated under paragraph ‘‘(2) NOTICE OF REASONS FOR DETERMINATION extent amounts are available to carry out this (1) for occupancy by only elderly families, the OF NONCOMPLIANCE.—If the Secretary deter- section and the requirements of this section are agency may provide that near-elderly families mines that a plan, as submitted, does not com- met, make grants for use in accordance with this may occupy dwelling units in the project (or ply with the requirements under subsection (d), section to— portion). the Secretary shall specify in the notice under (1) Habitat for Humanity International, ‘‘(b) STANDARDS REGARDING EVICTIONS.—Ex- paragraph (1) the reasons for the noncompli- whose organizational headquarters are located cept as provided in section 16(e)(1)(B), any ten- ance and any modifications necessary for the in Americus, Georgia; and ant who is lawfully residing in a dwelling unit plan to meet such requirements. (2) other national or regional organizations or in a public housing project may not be evicted ‘‘(3) STANDARDS FOR DETERMINATION OF NON- consortia that have experience in providing or or otherwise required to vacate such unit be- COMPLIANCE.—The Secretary may determine facilitating self-help housing homeownership cause of the designation of the project (or por- that a plan does not comply with the require- opportunities. tion of a project) pursuant to this section or be- ments under subsection (d) only if— (b) GOALS AND ACCOUNTABILITY.—In making cause of any action taken by the Secretary or ‘‘(A) the plan is incomplete in significant mat- grants under this section, the Secretary shall any public housing agency pursuant to this sec- ters required under such subsection; or take such actions as may be necessary to ensure tion. ‘‘(B) there is evidence available to the Sec- that— ‘‘(c) RELOCATION ASSISTANCE.—A public hous- retary that challenges, in a substantial manner, (1) assistance provided under this section is ing agency that designates any existing project any information provided in the plan. used to facilitate and encourage innovative or building, or portion thereof, for occupancy as ‘‘(4) TREATMENT OF EXISTING PLANS.—Not- homeownership opportunities through the provi- provided under subsection (a)(1) shall provide, withstanding any other provision of this sec- sion of self-help housing, under which the to each person and family who agrees to be relo- tion, a public housing agency shall be consid- homeowner contributes a significant amount of cated in connection with such designation— ered to have submitted a plan under this sub- sweat equity toward the construction of the new ‘‘(1) notice of the designation and an expla- section if the agency has submitted to the Sec- dwelling; nation of available relocation benefits, as soon retary an application and allocation plan under (2) assistance provided under this section for as is practicable for the agency and the person this section (as in effect before the date of the land acquisition and infrastructure development or family; enactment of the Housing Opportunity Program results in the development of not less than 4,000 ‘‘(2) access to comparable housing (including Extension Act of 1996) that have not been ap- new dwellings; appropriate services and design features), which proved or disapproved before such date of enact- (3) the dwellings constructed in connection may include tenant-based rental assistance ment. with assistance provided under this section are under section 8, at a rental rate paid by the ten- ‘‘(f) EFFECTIVENESS.— quality dwellings that comply with local build- ant that is comparable to that applicable to the ‘‘(1) 5-YEAR EFFECTIVENESS OF ORIGINAL ing and safety codes and standards and are unit from which the person or family has va- PLAN.—A plan under subsection (d) shall be in available at prices below the prevailing market cated; and effect for purposes of this section during the 5- prices; ‘‘(3) payment of actual, reasonable moving ex- year period that begins upon notification under (4) the provision of assistance under this sec- penses. subsection (e)(1) of the public housing agency tion establishes and fosters a partnership be- ‘‘(d) REQUIRED PLAN.—A plan under this sub- that the plan complies with the requirements tween the Federal Government and Habitat for section for designating a project (or portion of a under subsection (d). Humanity International, its affiliates, and other project) for occupancy under subsection (a)(1) is ‘‘(2) RENEWAL OF PLAN.—Upon the expiration organizations and consortia, resulting in effi- a plan, prepared by the public housing agency of the 5-year period under paragraph (1) or any cient development of affordable housing with for the project and submitted to the Secretary, 2-year period under this paragraph, an agency minimal governmental intervention, limited gov- that— may extend the effectiveness of the designation ernmental regulation, and significant involve- ‘‘(1) establishes that the designation of the and plan for an additional 2-year period (that ment by private entities; project is necessary— begins upon such expiration) by submitting to (5) activities to develop housing assisted pur- ‘‘(A) to achieve the housing goals for the ju- the Secretary any information needed to update suant to this section involve community partici- risdiction under the comprehensive housing af- the plan. The Secretary may not limit the num- pation similar to the homeownership program

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1903 carried out by Habitat for Humanity Inter- whether the amount remaining from the aggre- consortium exceeds the amount of the grant. For national, in which volunteers assist in the con- gate amount reserved under subsection (c)(2) ex- purposes of this paragraph, any interest, fees, struction of dwellings; and ceeds the amount needed to provide funding in and other earnings of the fund shall be excluded (6) dwellings are developed in connection with connection with any expressions of interest from the amount of the grant. assistance under this section on a geographi- under subsection (f)(1) made by such date that (m) ENVIRONMENTAL REVIEW.—A grant under cally diverse basis, which includes areas having are likely to result in grant agreements under this section shall be considered to be funds for high housing costs, rural areas, and areas un- subsection (i). If the Secretary determines that a special project for purposes of section 305(c) of derserved by other homeownership opportunities such excess amounts remain, the Secretary shall the Multifamily Housing Property Disposition that are populated by low-income families un- provide the excess amounts to Habitat for Hu- Reform Act of 1994. able to otherwise afford housing. manity International by making a grant to such (n) REPORT TO CONGRESS.—Not later than 90 If, at any time, the Secretary determines that organization in accordance with this section. days after close-out of all grants under this sec- the goals under this subsection cannot be met by (h) GEOGRAPHICAL DIVERSITY.—In using grant tion is completed, the Secretary shall submit a providing assistance in accordance with the amounts provided under subsection (a)(1), Habi- report to the applicable Committees describing terms of this section, the Secretary shall imme- tat for Humanity International shall ensure the grants made under this section, the grant- diately notify the applicable Committees in writ- that the amounts are used in a manner that re- ees, the housing developed in connection with ing of such determination and any proposed sults in national geographic diversity among the grant amounts, and the purposes for which changes for such goals or this section. housing developed using such amounts. In mak- the grant amounts were used. (o) DEFINITIONS.—For purposes of this section, (c) ALLOCATION.—Of any amounts available ing grants under subsection (a)(2), the Secretary the following definitions shall apply: for grants under this section— shall ensure that grants are provided and grant (1) APPLICABLE COMMITTEES.—The term ‘‘ap- (1) 62.5 percent shall be used for a grant to the amounts are used in a manner that results in plicable Committees’’ means the Committee on organization specified in subsection (a)(1); and national geographic diversity among housing Banking and Financial Services of the House of (2) 37.5 percent shall be used for grants to or- developed using grant amounts under this sec- Representatives and the Committee on Banking, ganizations and consortia under subsection tion. (i) GRANT AGREEMENT.—A grant under this Housing, and Urban Affairs of the Senate. (a)(2). (2) SECRETARY.—The term ‘‘Secretary’’ means (d) USE.— section shall be made only pursuant to a grant agreement entered into by the Secretary and the the Secretary of Housing and Urban Develop- (1) PURPOSE.—Amounts from grants made ment. under this section, including any recaptured organization or consortia receiving the grant, which shall— (3) UNITED STATES.—The term ‘‘United States’’ amounts, shall be used only for eligible expenses includes the States of the United States, the Dis- in connection with developing new decent, safe, (1) require such organization or consortia to use grant amounts only as provided in this sec- trict of Columbia, the Commonwealth of Puerto and sanitary nonluxury dwellings in the United Rico, the Commonwealth of the Northern Mar- States for families and persons who otherwise tion; (2) provide for the organization or consortia to iana Islands, Guam, the Virgin Islands, Amer- would be unable to afford to purchase a dwell- ican Samoa, and any other territory or posses- ing. develop a specific and reasonable number of dwellings using the grant amounts, which num- sion of the United States. (2) ELIGIBLE EXPENSES.—For purposes of ber shall be established taking into consider- (p) REGULATIONS.—The Secretary shall issue paragraph (1), the term ‘‘eligible expenses’’ any final regulations necessary to carry out this means costs only for the following activities: ation costs and economic conditions in the areas in which the dwellings will be developed, but in section not later than 30 days after the date of (A) LAND ACQUISITION.—Acquiring land (in- the enactment of this Act. The regulations shall cluding financing and closing costs). no case shall be less than 30; (3) require the organization or consortia to use take effect upon issuance and may not exceed, (B) INFRASTRUCTURE IMPROVEMENT.—Install- in length, 5 full pages in the Federal Register. ing, extending, constructing, rehabilitating, or the grant amounts in a manner that leverages other sources of funding (other than grants SEC. 12. FUNDING FOR SELF-HELP HOUSING AS- otherwise improving utilities and other infra- SISTANCE, NATIONAL CITIES IN structure. under this section), including private or public funds, in developing the dwellings; SCHOOLS COMMUNITY DEVELOP- MENT PROGRAM, AND CAPACITY Such term does not include any costs for the re- (4) require the organization or consortia to habilitation, improvement, or construction of BUILDING THROUGH NATIONAL comply with the other provisions of this section; COMMUNITY DEVELOPMENT INITIA- dwellings. (5) provide that if the organization or con- TIVE. (e) ESTABLISHMENT OF GRANT FUND.— sortia has not used any grant amounts within (a) AUTHORITY TO USE ASSISTED HOUSING N GENERAL (1) I .—Any amounts from any grant 24 months after such amounts are first disbursed AMOUNTS.—To the extent and for the purposes made under this section shall be deposited by to the organization or consortia, the Secretary specified in subsection (b), the Secretary of the grantee organization or consortium in a shall recapture such unused amounts; and Housing and Urban Development may use fund that is established by such organization or (6) contain such other terms as the Secretary amounts in the account of the Department of consortium for such amounts, administered by may require to provide for compliance with sub- Housing and Urban Development known as the such organization or consortium, and available section (b) and the requirements of this section. Annual Contributions for Assisted Housing ac- for use only for the purposes under subsection (j) FULFILLMENT OF GRANT AGREEMENT.—If count, but only such amounts which— (d). Any interest, fees, or other earnings of the the Secretary determines that an organization (1) have been appropriated for a fiscal year fund shall be deposited in the fund and shall be or consortia awarded a grant under this section that occurs before the fiscal year for which the considered grant amounts for purposes of this has not, within 24 months after grant amounts Secretary uses the amounts; and section. are first made available to the organization or (2) have been obligated before becoming avail- (2) ASSISTANCE TO HABITAT FOR HUMANITY AF- consortia, substantially fulfilled the obligations able for use under this section. FILIATES.—Habitat for Humanity International under the grant agreement, including develop- (b) FISCAL YEAR 1996.—Of the amounts de- may use amounts in the fund established for ment of the appropriate number of dwellings scribed in subsection (a), $60,000,000 shall be such organization pursuant to paragraph (1) for under the agreement, the Secretary shall use available to the Secretary of Housing and Urban the purposes under subsection (d) by providing any such undisbursed amounts remaining from Development for fiscal year 1996 in the following assistance from the fund to local affiliates of such grant for other grants in accordance with amounts for the following purposes: such organization. this section. (1) SELF-HELP HOUSING ASSISTANCE.— (f) REQUIREMENTS FOR ASSISTANCE TO OTHER (k) RECORDS AND AUDITS.—During the period $40,000,000 for carrying out section 11 of this ORGANIZATIONS.—The Secretary may make a beginning upon the making of a grant under Act. grant to an organization or consortium under this section and ending upon close-out of the (2) NATIONAL CITIES IN SCHOOLS COMMUNITY subsection (a)(2) only pursuant to— grant under subsection (l)— DEVELOPMENT PROGRAM.—$10,000,000 for car- (1) an expression of interest by such organiza- (1) the organization awarded the grant under rying out section 930 of the Housing and Com- tion or consortia to the Secretary for a grant for subsection (a)(1) or (a)(2) shall keep such munity Development Act of 1992 (Public Law such purposes; records and adopt such administrative practices 102–550; 106 Stat. 3887). (2) a determination by the Secretary that the as the Secretary may require to ensure compli- (3) CAPACITY BUILDING THROUGH NATIONAL organization or consortia has the capability and ance with the provisions of this section and the COMMUNITY DEVELOPMENT INITIATIVE.— has obtained financial commitments (or has the grant agreement; and $10,000,000 for carrying out section 4 of the HUD capacity to obtain financial commitments) nec- (2) the Secretary and the Comptroller General Demonstration Act of 1993 (42 U.S.C. 9816 note). essary to— of the United States, and any of their duly au- SEC. 13. APPLICABILITY AND IMPLEMENTATION. (A) develop not less than 30 dwellings in con- thorized representatives, shall have access for (a) APPLICABILITY.—This Act and the amend- nection with the grant amounts; and the purpose of audit and examination to any ments made by this Act shall be construed to (B) otherwise comply with a grant agreement books, documents, papers, and records of the have become effective on October 1, 1995. under subsection (i); and grantee organization or consortia and its affili- (b) IMPLEMENTATION.—The amendments made (3) a grant agreement entered into under sub- ates that are pertinent to the grant made under by sections 9 and 10 shall apply as provided in section (i). this section. subsection (a) of this section, notwithstanding (g) TREATMENT OF UNUSED AMOUNTS.—Upon (l) CLOSE-OUT.—The Secretary shall close out the effective date of any regulations issued by the expiration of the 6-month period beginning a grant made under this section upon deter- the Secretary of Housing and Urban Develop- upon the Secretary first providing notice of the mining that the aggregate amount of any assist- ment to implement such amendments or any fail- availability of amounts for grants under sub- ance provided from the fund established under ure by the Secretary to issue any such regula- section (a)(2), the Secretary shall determine subsection (e)(1) by the grantee organization or tions.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1904 CONGRESSIONAL RECORD — SENATE March 12, 1996 Mr. BURNS. Mr. President, I ask Senate resume consideration of the to be immediately followed by at least unanimous consent that the Senate omnibus appropriations bill, H.R. 3019, one additional vote in relation to the concur in the amendment of the House. and as under the previous order, re- endangered species amendment to the The PRESIDING OFFICER. Is there sume consideration of the pending continuing resolution. Additional votes objection? The Chair hears none, and it Hutchison amendment. I further ask can be expected throughout Wednes- is so ordered. unanimous consent that at 10 a.m., the day’s session of the Senate, and a late f pending amendments be temporarily session can be anticipated in order to set aside and Senator DOLE be recog- complete action on the omnibus appro- ORDERS FOR WEDNESDAY, MARCH nized to offer an amendment. priations bill. 13, 1996 The PRESIDING OFFICER. Without Mr. BURNS. Mr. President, I ask objection, it is so ordered. f unanimous consent that when the Sen- Mr. BURNS. Mr. President, I further ate completes its business today, it ask unanimous consent that the clo- ADJOURNMENT UNTIL 9:15 stand adjourned until the hour of 9:15 ture vote with respect to the White- TOMORROW water Special Committee occur at 2 on Wednesday, March 13; further, that Mr. BURNS. Mr. President, if there is immediately following the prayer, the p.m. on Wednesday and at 1 p.m. there be 1 hour for debate prior to the clo- no further business to come before the Journal of proceedings be deemed ap- ture vote to be equally divided in the Senate, I now ask unanimous consent proved to date, no resolutions come usual form. the Senate stand adjourned under the over under the rule, the call of the cal- The PRESIDING OFFICER. Without previous order. endar be dispensed with, the morning objection, it is so ordered. There being no objection, the Senate, hour be deemed to have expired, and f at 9:32 p.m., adjourned until Wednes- the time for the two leaders be re- day, March 13, 1996, at 9:15 a.m. served for their use later in the day, PROGRAM and the Senate begin a period for the Mr. BURNS. Mr. President, for the f transaction of morning business until information of all Senators, the Senate the hour of 9:30 a.m., with Senators will resume consideration of the omni- CONFIRMATION permitted to speak for up to 5 minutes bus appropriations bill at 9:30 a.m. Ad- each, with the following exception, and Executive nomination confirmed by ditional amendments are expected to the Senate March 12, 1996: that is Senator BOND for 10 minutes. be offered, and it is still hoped that we The PRESIDING OFFICER. Without may complete action on the appropria- FEDERAL RETIREMENT THRIFT INVESTMENT BOARD objection, it is so ordered. tions bill during tomorrow’s session. Mr. BURNS. Mr. President, I further THOMAS A. FINK, OF ALASKA, TO BE A MEMBER OF THE Under a previous order, there will be FEDERAL RETIREMENT THRIFT INVESTMENT BOARD ask that at 9:30 a.m. on Wednesday, the a cloture vote at 2 p.m. on Wednesday FOR A TERM EXPIRING OCTOBER 11, 1999.

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