September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14471 The legislative clerk proceeded to Mr. BREAUX. Mr. President, I move Mr. DASCHLE. Will the Senator call the roll. to reconsider the vote. yield? Mr. COCHRAN. Mr. President, I ask Mr. DOLE. I ask unanimous consent Mr. DOLE. I will be happy to yield. unanimous consent that the order for that the President be immediately no- Mr. DASCHLE. The majority leader the quorum call be rescinded. tified that the Senate has given its did not mention the Middle East facili- The PRESIDING OFFICER. Without consent to this nomination. tation bill. Is that on the list? objection, it is so ordered. The PRESIDING OFFICER. Without Mr. DOLE. I think that is going to be Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. resolved. I need to talk to the Senator for the yeas and nays on the motion to f about that. recommit. The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a LEGISLATIVE SESSION clerk will report. sufficient second? Mr. DOLE. I ask unanimous consent The assistant legislative clerk read There is a sufficient second. that the Senate now resume legislative as follows: The yeas and nays were ordered. session. A bill (H.R. 2076) making appropriations Mr. COCHRAN. Mr. President, I sug- The PRESIDING OFFICER. Without for the Departments of Commerce, Justice, gest the absence of a quorum. objection, it is so ordered. and State, the Judiciary, and related agen- cies for the fiscal year ending September 30, The PRESIDING OFFICER. The f clerk will call the roll. 1996, and for other purposes. The legislative clerk proceeded to DEPARTMENT OF COMMERCE, JUS- The Senate proceeded to consider the call the roll. TICE, AND STATE, THE JUDICI- bill which had been reported from the Mr. LOTT. Mr. President, I ask unan- ARY, AND RELATED AGENCIES Committee on Appropriations with imous consent the the order for the APPROPRIATIONS ACT, 1996 amendments, as follows: quorum call be rescinded. Mr. DOLE. I now ask unanimous con- [The parts of the bill intended to be The PRESIDING OFFICER (Mr. sent that the Senate turn to the con- stricken are shown in boldface brack- THOMPSON). Without objection, it is so sideration of the State-Justice-Com- ets and the parts of the bill intended to ordered. merce appropriations bill. be inserted are shown in italic.] Under the previous order, the ques- The PRESIDING OFFICER. Without H.R. 2076 tion occurs on the motion to recommit. objection, it is so ordered. Be it enacted by the Senate and House of Rep- The yeas and nays have been ordered. Mr. DOLE. Mr. President, I will just resentatives of the United States of America in The clerk will call the roll. give my colleagues an update on where Congress assembled, The bill clerk called the roll. we are on the items to be completed be- That the following sums are appropriated, The result was announced—yeas 46, fore the recess. out of any money in the Treasury not other- nays 54, as follows: wise appropriated, for the fiscal year ending The State-Justice-Commerce appro- September 30, 1996, and for other purposes, [Rollcall Vote No. 473 Leg.] priations bill. I understand there is namely: YEAS—46 some great progress being made on TITLE I—DEPARTMENT OF JUSTICE Abraham Frist McConnell that bill. GENERAL ADMINISTRATION Ashcroft Gorton Murkowski The Interior appropriations con- Bond Gramm Nickles ference report is coming from the SALARIES AND EXPENSES Brown Grams Pressler House on Friday. We did have a rollcall For expenses necessary for the administra- Burns Grassley Roth tion of the Department of Justice, $74,282,000; Chafee Gregg Santorum vote on the bill. I am not certain we Coats Helms including not to exceed $3,317,000 for the Fa- Shelby will need a rollcall vote on the con- cilities Program 2000, and including $5,000,000 Cochran Hutchison Smith ference report. We have had a request Cohen Inhofe for management and oversight of Immigra- Snowe Coverdell Kassebaum for a vote on one or the other. tion and Naturalization Service activities, Specter Craig Kempthorne The DOD appropriations conference Thomas both sums to remain available until ex- D’Amato Kyl Thompson report is coming from the House Fri- pended: Provided, That not to exceed 45 perma- DeWine Lott nent positions and full-time equivalent Dole Lugar Thurmond day. A rollcall vote was taken on that Domenici Mack Warner bill, too. If somebody requests a vote, workyears and $7,477,000 shall be expended for Faircloth McCain obviously we will have one. the Department Leadership program: Provided The continuing resolution arrived further, That not to exceed 76 permanent posi- NAYS—54 tions and 90 full-time equivalent workyears and from the House this afternoon. We hope Akaka Feinstein Levin $9,487,000 shall be expended for the Executive Baucus Ford Lieberman to pass that by unanimous consent. Support program: Provided further, That the Bennett Glenn Mikulski Then the adjournment resolution, two aforementioned programs shall not be aug- Biden Graham Moseley-Braun which I do not think there will be a mented by personnel details, temporary trans- Bingaman Harkin Moynihan Boxer Hatch Murray vote on. fers of personnel on either a reimbursable or Bradley Hatfield Nunn Then the Senate Finance Committee non-reimbursable basis or any other type of for- Breaux Heflin Packwood needs to complete action on their por- mal or informal transfer or reimbursement of Bryan Hollings Pell tion of the reconciliation package, and personnel or funds on either a temporary or Bumpers Inouye Pryor I could announce to members of the Fi- long-term basis. Byrd Jeffords Reid (TRANSFER OF FUNDS) Campbell Johnston Robb nance Committee right now we have Conrad Kennedy Rockefeller staff on each side going through a num- For the Joint Automated Booking Station, Daschle Kerrey Sarbanes $11,000,000 shall be made available until ex- Dodd Kerry Simon ber of amendments to see if they, staff, pended, to be derived by transfer from unobli- Dorgan Kohl Simpson can agree, Republican and Democratic gated balances of the Working Capital Fund in Exon Lautenberg Stevens staff, and put them in a little the Department of Justice. Feingold Leahy Wellstone ‘‘cleared’’ pile and a ‘‘rejected’’ pile POLICE CORPS So, the motion to recommit was re- and then ‘‘above our pay grade’’ pile, For police corps grants authorized by Public jected. which will be for Members’ consulta- Law 103-322, $10,000,000, to remain available Mr. REID. Mr. President, I move to tion. We hope to save a lot of time that until expended, which shall be derived from the reconsider the vote. way. The chairman has indicated that Violent Crime Reduction Trust Fund. Mr. INOUYE. I move to lay that mo- he will call us back to the Finance COUNTERTERRORISM FUND tion on the table. Committee meeting as soon as that has For necessary expenses, as determined by The motion to lay on the table was been completed. the Attorney General, $26,898,000, to remain agreed to. So it seems to me there is no reason available until expended, to reimburse any The PRESIDING OFFICER. The for us to be anything but optimistic Department of Justice organization for (1) question is, Will the Senate advise and about next week at this point. Much the costs incurred in reestablishing the oper- ational capability of an office or facility consent to the nomination of James L. will depend on the leadership of the which has been damaged or destroyed as a Dennis, of Louisiana, to be U.S. circuit distinguished Senator from Texas [Mr. result of the bombing of the Alfred P. judge for the fifth circuit? GRAMM] and the distinguished Senator Murrah Federal Building in Oklahoma City The nomination was confirmed. from South Carolina [Mr. HOLLINGS]. or any domestic or international terrorist S 14472 CONGRESSIONAL RECORD — SENATE September 28, 1995

incident, (2) the costs of providing support to ceed $4,028,000, to be appropriated from the UNITED STATES TRUSTEE SYSTEM FUND counter, investigate or prosecute domestic Vaccine Injury Compensation Trust Fund, as For the necessary expenses of the United or international terrorism, including pay- authorized by section 6601 of the Omnibus States Trustee Program, ø$101,596,000¿ ment of rewards in connection with these ac- Budget Reconciliation Act, 1989, as amended $103,183,000, as authorized by 28 U.S.C. tivities, and (3) the costs of conducting a ter- by Public Law 101–512 (104 Stat. 1289). 589a(a), to remain available until expended, rorism threat assessment of Federal agencies VIOLENT CRIME REDUCTION PROGRAMS, for activities authorized by section 115 of the and their facilities: Provided, That funds pro- GENERAL LEGAL ACTIVITIES Bankruptcy Judges, United States Trustees, vided under this section shall be available and Family Farmer Bankruptcy Act of 1986 For the expeditious deportation of denied only after the Attorney General notifies the (Public Law 99–554), which shall be derived asylum applicants, as authorized by section Committees on Appropriations of the House from the United States Trustee System 130005 of Public Law 103–322, ø$7,591,000¿ of Representatives and the Senate in accord- Fund: Provided, That deposits to the Fund $2,991,000, to remain available until ex- ance with section 605 of this Act. are available in such amounts as may be nec- pended, which shall be derived from the Vio- ADMINISTRATIVE REVIEW AND APPEALS essary to pay refunds due depositors: Pro- lent Crime Reduction Trust Fund. For expenses necessary for the administra- vided further, That, notwithstanding any tion of pardon and clemency petitions and SALARIES AND EXPENSES, ANTITRUST DIVISION other provision of law, not to exceed immigration related activities, ø$39,736,000¿ For expenses necessary for the enforce- $44,191,000 of offsetting collections derived $72,319,000. ment of antitrust and kindred laws, from fees collected pursuant to section VIOLENT CRIME REDUCTION PROGRAMS, $69,143,000: Provided, That notwithstanding 589a(f) of title 28, United States Code, as ADMINISTRATIVE REVIEW AND APPEALS any other provision of law, not to exceed amended, shall be retained and used for nec- essary expenses in this appropriation: Pro- For activities authorized by øsections $48,262,000 of offsetting collections derived vided further, That the ø$101,596,000¿ 130005 and¿ section 130007 of Public Law 103– from fees collected for premerger notifica- $103,183,000 herein appropriated from the 322, ø$47,780,000¿ $14,347,000, to remain avail- tion filings under the Hart-Scott-Rodino United States Trustee System Fund shall be able until expended, which shall be derived Antitrust Improvements Act of 1976 (15 reduced as such offsetting collections are re- from the Violent Crime Reduction Trust U.S.C. 18(a)) shall be retained and used for ceived during fiscal year 1996, so as to result Fund. necessary expenses in this appropriation, and in a final fiscal year 1996 appropriation from OFFICE OF INSPECTOR GENERAL shall remain available until expended: Pro- vided further, That the sum herein appro- such Fund estimated at not more than For necessary expenses of the Office of In- priated from the General Fund shall be re- ø$57,405,000¿ $58,992,000: Provided further, That spector General in carrying out the provi- duced as such offsetting collections are re- any of the aforementioned fees collected in sions of the Inspector General Act of 1978, as ceived during fiscal year 1996, so as to result excess of $44,191,000 in fiscal year 1996 shall amended, $30,484,000; including not to exceed in a final fiscal year 1996 appropriation from remain available until expended, but shall $10,000 to meet unforeseen emergencies of a the General Fund estimated at not more not be available for obligation until October confidential character, to be expended under than $20,881,000: Provided further, That any 1, 1996. the direction of, and to be accounted for fees received in excess of $48,262,000 in fiscal SALARIES AND EXPENSES, FOREIGN CLAIMS solely under the certificate of, the Attorney year 1996, shall remain available until ex- SETTLEMENT COMMISSION General; and for the acquisition, lease, main- pended, but shall not be available for obliga- tenance and operation of motor vehicles For expenses necessary to carry out the ac- tion until October 1, 1996. without regard to the general purchase price tivities of the Foreign Claims Settlement limitation. SALARIES AND EXPENSES, UNITED STATES Commission, including services as author- ATTORNEYS ized by 5 U.S.C. 3109, ø$830,000¿ $905,000. UNITED STATES PAROLE COMMISSION SALARIES AND EXPENSES For necessary expenses of the Office of the SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE For necessary expenses of the United United States Attorneys, including intergov- States Parole Commission as authorized by ernmental agreements, ø$896,825,000¿ For necessary expenses of the United law, $5,446,000. $920,537,000, of which not to exceed $2,500,000 States Marshals Service; including the ac- shall be available until September 30, 1997 for quisition, lease, maintenance, and operation LEGAL ACTIVITIES the purposes of (1) providing training of per- of vehicles and aircraft, and the purchase of SALARIES AND EXPENSES, GENERAL LEGAL sonnel of the Department of Justice in debt passenger motor vehicles for police-type use ACTIVITIES collection, (2) providing services to the De- without regard to the general purchase price For expenses necessary for the legal activi- partment of Justice related to locating debt- limitation for the current fiscal year; ties of the Department of Justice, not other- ors and their property, such as title ø$418,973,000¿ $439,639,000, as authorized by 28 wise provided for, including activities au- searches, debtor skiptracing, asset searches, U.S.C. 561(i), of which not to exceed $6,000 thorized by title X of the Civil Rights Act of credit reports and other investigations, (3) shall be available for official reception and 1964, and including not to exceed $20,000 for paying the costs of the Department of Jus- representation expenses. expenses of collecting evidence, to be ex- tice for the sale of property not covered by VIOLENT CRIME REDUCTION PROGRAMS, UNITED pended under the direction of, and to be ac- the sale proceeds, such as auctioneers’ fees STATES MARSHALS SERVICE counted for solely under the certificate of, and expenses, maintenance and protection of the Attorney General; and rent of private or property and businesses, advertising and For activities authorized by section Government-owned space in the District of title search and surveying costs, and (4) pay- 190001(b) of Public Law 103–322, ø$25,000,000¿ Columbia; ø$401,929,000¿ $431,660,000; of which ing the costs of processing and tracking $15,000,000, to remain available until ex- not to exceed $10,000,000 for litigation sup- debts owed to the United States Govern- pended, which shall be derived from the Vio- port contracts shall remain available until ment: Provided, That of the total amount ap- lent Crime Reduction Trust Fund. expended: Provided, That of the funds avail- propriated, not to exceed $8,000 shall be øSUPPORT OF UNITED STATES PRISONERS¿ able in this appropriation, not to exceed available for official reception and represen- FEDERAL PRISONER DETENTION $22,618,000 shall remain available until ex- tation expenses: Provided further, That not to For øsupport of¿ expenses related to United pended for office automation systems for the exceed $10,000,000 of those funds available for States prisoners in the custody of the United legal divisions covered by this appropriation, automated litigation support contracts and States Marshals Service as authorized in 18 and for the United States Attorneys, the $4,000,000 for security equipment shall re- U.S.C. 4013, but not including expenses other- Antitrust Division, and offices funded main available until expended. wise provided for in appropriations available through ‘‘Salaries and Expenses’’, General VIOLENT CRIME REDUCTION PROGRAMS, UNITED to the Attorney General; ø$250,331,000¿ Administration: Provided further, That of the STATES ATTORNEYS $295,331,000, as authorized by 28 U.S.C. 561(i), total amount appropriated, not to exceed to remain available until expended. $1,000 shall be available to the United States øFor activities authorized by sections National Central Bureau, INTERPOL, for of- 190001(d), 40114 and 130005 of Public Law 103– FEES AND EXPENSES OF WITNESSES ficial reception and representation expenses: 322, $14,731,000, to remain available until ex- For expenses, mileage, compensation, and Provided further, That notwithstanding 31 pended, which shall be derived from the Vio- per diems of witnesses, for expenses of con- U.S.C. 1342, the Attorney General may ac- lent Crime Reduction Trust Fund, of which tracts for the procurement and supervision cept on behalf of the United States and cred- $5,000,000 shall be available to help meet in- of expert witnesses, for private counsel ex- it to this appropriation, gifts of money, per- creased demands for litigation and related penses, and for per diems in lieu of subsist- sonal property and services, for the purpose activities, $500,000 to implement a program ence, as authorized by law, including ad- of hosting the International Criminal Police to appoint additional Federal Victim’s Coun- vances, $85,000,000, to remain available until Organization’s (INTERPOL) American Re- selors, and $9,231,000 for expeditious deporta- expended; of which not to exceed $4,750,000 gional Conference in the United States dur- tion of denied asylum applicants.¿ may be made available for planning, con- ing fiscal year 1996. For activities authorized by sections 190001(b) struction, renovation, maintenance, remod- In addition, for reimbursement of expenses and 190001(d) of Public Law 103–322, $30,000,000, eling, and repair of buildings and the pur- of the Department of Justice associated with to remain available until expended, which shall chase of equipment incident thereto for pro- processing cases under the National Child- be derived from the Violent Crime Reduction tected witness safesites; of which not to ex- hood Vaccine Injury Act of 1986, not to ex- Trust Fund. ceed $1,000,000 may be made available for the September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14473 purchase and maintenance of armored vehi- investigations; and of which $1,500,000 shall tember 30, 1997, and of which not to exceed cles for transportation of protected wit- be available to maintain an independent pro- $50,000 shall be available for official recep- nesses; and of which not to exceed $4,000,000 gram office dedicated solely to the reloca- tion and representation expenses. may be made available for the purchase, in- tion of the Criminal Justice Information VIOLENT CRIME REDUCTION PROGRAMS stallation and maintenance of a secure auto- Services Division and the automation of fin- øFor Drug Enforcement Administration mated information network to store and re- gerprint identification services: Provided, agents authorized by section 180104 of Public trieve the identities and locations of pro- That not to exceed $45,000 shall be available Law 103–322, $12,000,000, to remain available tected witnesses. for official reception and representation until expended, which shall be derived from ASSETS FORFEITURE FUND expensesø: Provided further, That $50,000,000 the Violent Crime Reduction Trust Fund.¿ for expenses related to digital telephony For expenses authorized by 28 U.S.C. For activities authorized by section 524(b) of shall be available for obligation only upon 524(c)(1)(A)(ii), (B), (C), (F), and (G), as Senate bill 735 as passed by the Senate on June enactment of authorization legislation¿. amended, $35,000,000 to be derived from the 7, 1995, $60,000,000, to remain available until ex- Department of Justice Assets Forfeiture VIOLENT CRIME REDUCTION PROGRAMS pended, which shall be derived from the Violent Fund. øFor activities authorized by Public Law Crime Reduction Trust Fund. 103–322, $80,600,000, to remain available until RADIATION EXPOSURE COMPENSATION IMMIGRATION AND NATURALIZATION SERVICE expended, which shall be derived from the SALARIES AND EXPENSES ADMINISTRATIVE EXPENSES Violent Crime Reduction Trust Fund, of For expenses, not otherwise provided for, For necessary administrative expenses in which $35,000,000 shall be for activities au- necessary for the administration and en- accordance with the Radiation Exposure thorized by section 190001(c); $27,800,000 for forcement of the laws relating to immigra- Compensation Act, $2,655,000. activities authorized by section 190001(b); tion, naturalization, and alien registration, $4,000,000 for Training and Investigative As- PAYMENT TO RADIATION EXPOSURE including not to exceed $50,000 to meet un- sistance authorized by section 210501(c)(2); COMPENSATION TRUST FUND foreseen emergencies of a confidential char- $8,300,000 for training facility improvements For payments to the Radiation Exposure acter, to be expended under the direction of, at the Federal Bureau of Investigation Acad- Compensation Trust Fund, $16,264,000, to be- and to be accounted for solely under the cer- emy at Quantico, Virginia authorized by sec- come available on October 1, 1996. tificate of, the Attorney General; purchase tion 210501(c)(3); and $5,500,000 for establish- for police-type use (not to exceed 813 of INTERAGENCY LAW ENFORCEMENT ing DNA quality assurance and proficiency which 177 are for replacement only) without INTERAGENCY CRIME AND DRUG ENFORCEMENT testing standards, establishing an index to regard to the general purchase price limita- facilitate law enforcement exchange of DNA For necessary expenses for the detection, tion for the current fiscal year, and hire of identification information, and related ac- investigation, and prosecution of individuals passenger motor vehicles; acquisition, lease, tivities authorized by section 210306.¿ involved in organized crime drug trafficking maintenance and operation of aircraft; and For activities authorized by Public Law 103– not otherwise provided for, to include inter- research related to immigration enforce- 322 or Senate bill 735 as passed by the Senate on governmental agreements with State and ment; $1,421,481,000 $953,934,000, of which June 7, 1995, $282,500,000, to remain available ø ¿ local law enforcement agencies engaged in not to exceed $400,000 for research shall re- until expended, which shall be derived from the the investigation and prosecution of individ- main available until expended, and of which Violent Crime Reduction Trust Fund, of which uals involved in organized crime drug traf- not to exceed $10,000,000 shall be available for $50,000,000 shall be for activities authorized in ficking, ø$374,943,000¿ $359,843,000, of which costs associated with the training program section 521(a)(1) of Senate bill 735; of which $50,000,000 shall remain available until ex- for basic officer training: Provided, That $42,820,000 shall be for activities authorized in pended: Provided, That any amounts obli- none of the funds available to the Immigra- section 521(a)(2) of said Act; of which $13,900,000 gated from appropriations under this head- tion and Naturalization Service shall be shall be for activities authorized in section ing may be used under authorities available available for administrative expenses to pay 521(a)(5) of said Act; and of which $148,280,000 to the organizations reimbursed from this any employee overtime pay in an amount in shall be for activities authorized in section appropriation: Provided further, That any un- excess of $25,000 during the calendar year be- 521(a)(7) of said Act; and of which $5,500,000 obligated balances remaining available at ginning January 1, 1996: Provided further, shall be for activities authorized by section the end of the fiscal year shall revert to the That uniforms may be purchased without re- 210306 of Public Law 103–322. Attorney General for reallocation among gard to the general purchase price limitation participating organizations in succeeding fis- CONSTRUCTION for the current fiscal year: Provided further, cal years, subject to the reprogramming pro- For necessary expenses to construct or ac- That not to exceed $5,000 shall be available cedures described in section 605 of this Act. quire buildings and sites by purchase, or as for official reception and representation ex- FEDERAL BUREAU OF INVESTIGATION otherwise authorized by law (including penses: Provided further, That the Attorney SALARIES AND EXPENSES equipment for such buildings); conversion General may transfer to the Department of and extension of federally-owned buildings; For expenses necessary for detection, in- Labor and the Social Security Administra- and preliminary planning and design of vestigation, and prosecution of crimes tion not to exceed ø$30,000,000¿ $10,000,000 for projects; ø$98,400,000¿ $147,800,000, to remain against the United States; including pur- programs to verify the immigration status of available until expended. chase for police-type use of not to exceed persons seeking employment in the United 1,815 passenger motor vehicles of which 1,300 DRUG ENFORCEMENT ADMINISTRATION Statesø: Provided further, That none of the will be for replacement only, without regard SALARIES AND EXPENSES funds appropriated in this Act may be used to the general purchase price limitation for For necessary expenses of the Drug En- to operate the Border Patrol traffic check- the current fiscal year, and hire of passenger forcement Administration, including not to points located in San Clemente, California, motor vehicles; acquisition, lease, mainte- exceed $70,000 to meet unforeseen emer- at interstate highway 5 and in Temecula, nance and operation of aircraft; and not to gencies of a confidential character, to be ex- California, at interstate highway 15¿: Pro- exceed $70,000 to meet unforeseen emer- pended under the direction of, and to be ac- vided further, That not to exceed 15 positions gencies of a confidential character, to be ex- counted for solely under the certificate of, shall be available for the Office of Public Affairs pended under the direction of, and to be ac- the Attorney General; expenses for conduct- at the Immigration and Naturalization Service counted for solely under the certificate of, ing drug education and training programs, and not to exceed 10 positions shall be available the Attorney General; ø$2,251,481,000¿ including travel and related expenses for for the Office of Congressional Affairs at the $2,315,341,000, of which not to exceed participants in such programs and the dis- Immigration and Naturalization Service: Pro- $50,000,000 for automated data processing and tribution of items of token value that pro- vided further, That the two aforementioned of- telecommunications and technical investiga- mote the goals of such programs; purchase of fices shall not be augmented by personnel de- tive equipment and $1,000,000 for undercover not to exceed 1,208 passenger motor vehicles, tails, temporary transfers of personnel in either operations shall remain available until Sep- of which 1,178 will be for replacement only, a reimbursable or non-reimbursable basis or any tember 30, 1997; of which not less than for police-type use without regard to the other type of formal or informal transfer or re- $121,345,000 shall be for counterterrorism inves- general purchase price limitation for the imbursement of personnel or funds on either a tigations, foreign counterintelligence, and other current fiscal year; and acquisition, lease, temporary or long-term basis. activities related to our national security; of maintenance, and operation of aircraft; VIOLENT CRIME REDUCTION PROGRAMS which not to exceed ø$14,000,000 for research ø$781,488,000¿ $790,000,000, of which not to ex- øFor activities authorized by sections and development related to investigative ac- ceed $1,800,000 for research and $15,000,000 for 130005, 130006, 130007, and 190001(b) of Public tivities¿ $98,400,000 shall remain available transfer to the Drug Diversion Control Fee Law 103–322, $303,542,000, to remain available until expended; and of which not to exceed Account for operating expenses shall remain until expended, which shall be derived from $10,000,000 is authorized to be made available available until expended, and of which not to the Violent Crime Reduction Trust Fund, of for making payments or advances for ex- exceed $4,000,000 for purchase of evidence and which $44,089,000 shall be for expeditious de- penses arising out of contractual or reim- payments for information, not to exceed portation of denied asylum applicants, bursable agreements with State and local $4,000,000 for contracting for ADP and tele- $218,800,000 for improving border controls, law enforcement agencies while engaged in communications equipment, and not to ex- $35,153,000 for expanded special deportation cooperative activities related to violent ceed $2,000,000 for technical and laboratory proceedings, and $5,500,000 for border patrol crime, terrorism, organized crime, and drug equipment shall remain available until Sep- equipment.¿ S 14474 CONGRESSIONAL RECORD — SENATE September 28, 1995

For activities authorized by sections 130005, BUILDINGS AND FACILITIES ministration, which amounts shall be trans- 130006, and 130007 of Public Law 103–322, For planning, acquisition of sites and con- ferred to and merged with the ‘‘Justice As- $165,362,000, to remain available until expended, struction of new facilities; leasing the Okla- sistance’’ account) authorized by the Violent which shall be derived from the Violent Crime homa City Airport Trust Facility; purchase Crime Control and Law Enforcement Act of Reduction Trust Fund, of which $20,360,000 and acquisition of facilities and remodeling 1994, Public Law 103–322 (‘‘the 1994 Act’’); the shall be for expeditious deportation of denied and equipping of such facilities for penal and Omnibus Crime Control and Safe Streets Act asylum applicants, $114,463,000 for improving correctional use, including all necessary ex- of 1968, as amended (‘‘the 1968 Act’’); and the border controls, and $40,539,000 for expanded penses incident thereto, by contract or force Victims of Child Abuse Act of 1990, as special deportation proceedings. account; and constructing, remodeling, and amended (‘‘the 1990 Act’’), ø$152,400,000¿ BORDER PATROL equipping necessary buildings and facilities $100,900,000, to remain available until ex- pended, which shall be derived from the Vio- SALARIES AND EXPENSES at existing penal and correctional institu- tions, including all necessary expenses inci- lent Crime Reduction Trust Fund; of which For expenses necessary for Border Patrol Op- dent thereto, by contract or force account; $6,000,000 $4,250,000 shall be for the Court erations, $489,200,000, to remain available until ø ¿ $323,728,000 $349,410,000, to remain available Appointed Special Advocate Program, as au- expended. ø ¿ until expended, of which not to exceed thorized by section 218 of the 1990 Act; VIOLENT CRIME REDUCTION PROGRAMS $14,074,000 shall be available to construct $750,000 for Child Abuse Training Programs For activities authorized by section 130006 of areas for inmate work programs: Provided, for Judicial Personnel and Practitioners, as Public Law 103–322, $127,300,000, to remain That labor of United States prisoners may be authorized by section 224 of the 1990 Act; available until expended, which shall be derived used for work performed under this appro- ø$82,750,000¿ $61,000,000 for Grants to Combat from the Violent Crime Reduction Trust Fund. priation: Provided further, That not to exceed Violence Against Women to States, units of CONSTRUCTION 10 percent of the funds appropriated to local governments and Indian tribal govern- For planning, construction, renovation, ‘‘Buildings and Facilities’’ in this Act or any ments, as authorized by section 1001(a)(18) of equipping and maintenance of buildings and other Act may be transferred to ‘‘Salaries the 1968 Act; $28,000,000 for Grants to Encour- facilities necessary for the administration and Expenses,’’ Federal Prison System upon age Arrest Policies to States, units of local and enforcement of the laws relating to im- notification by the Attorney General to the governments and Indian tribal governments, as migration, naturalization, and alien reg- Committees on Appropriations of the House authorized by section 1001(a)(19) of the 1968 istration, not otherwise provided for, of Representatives and the Senate in compli- Act; ø$7,000,000¿ $6,000,000 for Rural Domestic ø$11,000,000¿ $35,000,000, to remain available ance with provisions set forth in section 605 Violence and Child Abuse Enforcement As- until expended. of this Act: Provided further, That of the sistance Grants, as authorized by section FEDERAL PRISON SYSTEM total amount appropriated, not to exceed 40295 of the 1994 Act; ø$27,000,000 for grants $22,351,000 shall be available for the renova- for Residential Substance Abuse Treatment SALARIES AND EXPENSES tion and construction of United States Mar- For State Prisoners, as authorized by section For expenses necessary for the administra- shals Service prisoner holding facilities. 1001(a)(17) of the 1968 Act;¿ and $900,000 for tion, operation, and maintenance of Federal FEDERAL PRISON INDUSTRIES, INCORPORATED the Missing Alzheimer’s Disease Patient penal and correctional institutions, includ- The Federal Prison Industries, Incor- Alert Program, as authorized by section ing purchase (not to exceed 853, of which 559 porated, is hereby authorized to make such 240001(d) of the 1994 Act: Provided further, are for replacement only) and hire of law en- expenditures, within the limits of funds and That any balances for these programs shall forcement and passenger motor vehicles; and borrowing authority available, and in accord be transferred to and merged with this ap- for the provision of technical assistance and with the law, and to make such contracts propriation. advice on corrections related issues to for- and commitments, without regard to fiscal eign governments; $2,574,578,000: Provided, CIVIL LEGAL ASSISTANCE year limitations as provided by section 9104 That there may be transferred to the Health For grants to States for civil legal assistance of title 31, United States Code, as may be Resources and Services Administration such as provided in section 120 of this Act, necessary in carrying out the program set amounts as may be necessary, in the discre- $210,000,000. forth in the budget for the current fiscal tion of the Attorney General, for direct ex- year for such corporation, including pur- STATE AND LOCAL LAW ENFORCEMENT penditures by that Administration for medi- chase of (not to exceed five for replacement ASSISTANCE cal relief for inmates of Federal penal and only) and hire of passenger motor vehicles. correctional institutions: Provided further, For grants, contracts, cooperative agree- That the Director of the Federal Prison Sys- LIMITATION ON ADMINISTRATIVE EXPENSES, ments, and other assistance authorized by tem (FPS), where necessary, may enter into FEDERAL PRISON INDUSTRIES, INCORPORATED part E of title I of the Omnibus Crime Con- contracts with a fiscal agent/fiscal Not to exceed $3,559,000 of the funds of the trol and Safe Streets Act of 1968, as amend- intermediary claims processor to determine corporation shall be available for its admin- ed, for State and Local Narcotics Control the amounts payable to persons who, on be- istrative expenses, and for services as au- and Justice Assistance Improvements, not- half of the FPS, furnish health services to thorized by 5 U.S.C. 3109, to be computed on withstanding the provisions of section 511 of individuals committed to the custody of the an accrual basis to be determined in accord- said Act, ø$50,000,000¿ $225,000,000, to remain FPS: Provided further, That uniforms may be ance with the corporation’s current pre- available until expended, as authorized by purchased without regard to the general pur- scribed accounting system, and such section 1001 of title I of said Act, as amended chase price limitation for the current fiscal amounts shall be exclusive of depreciation, by Public Law 102–534 (106 Stat. 3524)ø, which year: Provided further, That not to exceed payment of claims, and expenditures which shall be available only¿: Provided, That not $6,000 shall be available for official reception the said accounting system requires to be more than $50,000,000 shall be made available to and representation expenses: Provided fur- capitalized or charged to cost of commod- carry out the provisions of chapter A of sub- ther, That not to exceed $50,000,000 for the ac- ities acquired or produced, including selling part 2 of part E of title I of said Act, for dis- tivation of new facilities shall remain avail- and shipping expenses, and expenses in con- cretionary grants under the Edward Byrne able until September 30, 1997: Provided fur- nection with acquisition, construction, oper- Memorial State and Local Law Enforcement ther, That of the amounts provided for Con- ation, maintenance, improvement, protec- Assistance Programs: Provided further, That tract Confinement, not to exceed $20,000,000 tion, or disposition of facilities and other not more than $175,000,000 shall be made avail- shall remain available until expended to property belonging to the corporation or in able to carry out the provisions of subpart 1, make payments in advance for grants, con- which it has an interest. part E of title I of said Act, for formula grants tracts and reimbursable agreements and OFFICE OF JUSTICE PROGRAMS under the Edward Byrne Memorial State and other expenses authorized by section 501(c) of JUSTICE ASSISTANCE Local Law Enforcement Assistance Programs: Provided further, That balances of amounts the Refugee Education Assistance Act of 1980 For grants, contracts, cooperative agree- appropriated prior to fiscal year 1995 under for the care and security in the United ments, and other assistance authorized by the authorities of this account shall be States of Cuban and Haitian entrants. title I of the Omnibus Crime Control and transferred to and merged with this account. VIOLENT CRIME REDUCTION PROGRAMS Safe Streets Act of 1968, as amended, and the For substance abuse treatment in Federal Missing Children’s Assistance Act, as amend- VIOLENT CRIME REDUCTION PROGRAMS, STATE prisons as authorized by section 32001(e) of ed, including salaries and expenses in con- AND LOCAL LAW ENFORCEMENT ASSISTANCE Public Law 103–322, $13,500,000, to remain nection therewith, and with the Victims of For assistance (including amounts for ad- available until expended, which shall be de- Crime Act of 1984, as amended, ø$97,977,000¿ ministrative costs for management and ad- rived from the Violent Crime Reduction $102,345,000, to remain available until ex- ministration, which amounts shall be trans- Trust Fund. pended, as authorized by section 1001 of title ferred to and merged with the ‘‘Justice As- NATIONAL INSTITUTE OF CORRECTIONS I of the Omnibus Crime Control and Safe sistance’’ account) authorized by the Violent For carrying out the provisions of sections Streets Act, as amended by Public Law 102– Crime Control and Law Enforcement Act of 4351–4353 of title 18, United States Code, which 534 (106 Stat. 3524). 1994, Public Law 103–322 (‘‘the 1994 Act’’); the established a National Institute of Corrections, VIOLENT CRIME REDUCTION PROGRAMS, JUSTICE Omnibus Crime Control and Safe Streets Act and for the provision of technical assistance ASSISTANCE of 1968, as amended (‘‘the 1968 Act’’); and the and advice on corrections related issues, For assistance (including amounts for ad- Victims of Child Abuse Act of 1990, as $8,000,000, to remain available until expended. ministrative costs for management and ad- amended (‘‘the 1990 Act’’), ø$3,283,343,000¿ September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14475 $3,092,100,000, to remain available until ex- tionary grants provided under the Edward not to exceed $45,000 from funds appropriated pended, which shall be derived from the Vio- Byrne Memorial State and Local Law En- to the Department of Justice in this title lent Crime Reduction Trust Fund; øof which forcement Assistance Programs and shall be available to the Attorney General $1,950,000,000 shall be for Local Law Enforce- $10,000,000 shall be derived from discre- for official reception and representation ex- ment Block Grants, pursuant to øH.R. 728 as tionary grants provided under part C of title penses in accordance with distributions, pro- passed by the House of Representatives on II of the Juvenile Justice and Delinquency cedures, and regulations established by the February 14, 1995;¿ of which $1,690,000,000 shall Prevention Act, to remain available until ex- Attorney General. be for State and Local Law Enforcement Assist- pended for intergovernmental agreements, SEC. 102. Subject to section 102(b) of the ance Block Grants pursuant to title I of the Vio- including grants, cooperative agreements, Department of Justice and Related Agencies lent Crime Control and Law Enforcement Act of and contracts, with State and local law en- Appropriations Act, 1993, as amended by sec- 1994 (as amended by section 114 of this Act); forcement agencies engaged in the investiga- tion 112 of this Act, authorities contained in $25,000,000 for grants to upgrade criminal tion and prosecution of violent crimes and Public Law 96–132, ‘‘The Department of Jus- records, as authorized by section 106(b) of the drug offenses in ‘‘Weed and Seed’’ designated tice Appropriation Authorization Act, Fiscal Brady Handgun Violence Prevention Act of communities, and for either reimbursements Year 1980,’’ shall remain in effect until the 1993, as amended, and section 4(b) of the Na- or transfers to appropriation accounts of the termination date of this Act or until the ef- tional Child Protection Act of 1993; Department of Justice and other Federal fective date of a Department of Justice Ap- ø$475,000,000¿ $300,000,000 as authorized by agencies which shall be specified by the At- propriation Authorization Act, whichever is section 1001 of title I of the 1968 Act, which torney General to execute the ‘‘Weed and earlier. shall be available to carry out the provisions Seed’’ program strategy: Provided, That SEC. 103. None of the funds appropriated by of subpart 1, part E of title I of the 1968 Act, funds designated by Congress through lan- this title shall be available to pay for an notwithstanding section 511 of said Act, for guage for other Department of Justice appro- abortion, except where the life of the mother the Edward Byrne Memorial State and Local priation accounts for ‘‘Weed and Seed’’ pro- would be endangered if the fetus were carried Law Enforcement Assistance Programs; gram activities shall be managed and exe- to term, or in the case of rape: Provided, $300,000,000 for the State Criminal Alien As- cuted by the Attorney General through the That should this prohibition be declared un- sistance Program, as authorized by section Executive Office for Weed and Seed: Provided constitutional by a court of competent juris- 501 of the Immigration Reform and Control further, That the Attorney General may di- diction, this section shall be null and void. Act of 1986, as amended; ø$19,643,000¿ rect the use of other Department of Justice SEC. 104. None of the funds appropriated $15,000,000 for Youthful Offender Incarcer- funds and personnel in support of ‘‘Weed and under this title shall be used to require any ation Grants, as authorized by section Seed’’ program activities only after the At- person to perform, or facilitate in any way 1001(a)(16) of the 1968 Act; ø$500,000,000 for torney General notifies the Committees on the performance of, any abortion. Truth in Sentencing Grants pursuant to sec- Appropriations of the House of Representa- SEC. 105. Nothing in the preceding section tion 101 of H.R. 667 as passed by the House of tives and the Senate in accordance with sec- shall remove the obligation of the Director Representatives on February 10, 1995 of tion 605 of this Act. of the Bureau of Prisons to provide escort services necessary for a female inmate to re- which not to exceed $200,000,000 is available JUVENILE JUSTICE PROGRAMS for payments to States for incarceration of ceive such service outside the Federal facil- For grants, contracts, cooperative agree- criminal aliens pursuant to section 508 as ity: Provided, That nothing in this section in ments, and other assistance authorized by proposed by such section 101; $750,000,000 for any way diminishes the effect of section 104 ¿ the Juvenile Justice and Delinquency Pre- Violent Offender Incarceration and Truth in intended to address the philosophical beliefs vention Act of 1974, as amended, including Sentencing Incentive Grants pursuant to sub- of individual employees of the Bureau of salaries and expenses in connection there- title A of title II of the Violent Crime Control Prisons. with to be transferred to and merged with and Law Enforcement Act of 1994 (as amended SEC. 106. Notwithstanding any other provi- the appropriations for Justice Assistance, by section 115 of this Act); $1,000,000 for grants sion of law, not to exceed $10,000,000 of the $144,000,000, to remain available until ex- to States and units of local government for funds made available in the Act may be used pended, as authorized by section 299 of part projects to improve DNA analysis, as author- to pay rewards and shall not be subject to I of title II and section 506 of title V of the ized by section 1001(a)(22) of the 1968 Act; spending limitations contained in sections Act, as amended by Public Law 102–586, of $10,000,000 $9,000,000 for Improved Training 3059 and 3072 of title 18, United States Code: ø ¿ which: (1) $100,000,000 shall be available for and Technical Automation Grants, as au- Provided, That any reward of $100,000 or expenses authorized by parts A, B, and C of thorized by section 210501(c)(1) of the 1994 more, up to a maximum of $2,000,000, may title II of the Act; (2) $10,000,000 shall be Act; $200,000 for grants to assist in estab- not be made without the personal approval ø available for expenses authorized by sections lishing and operating programs for the pre- of the President or the Attorney General and 281 and 282 of part D of title II of the Act for vention, diagnosis, treatment and followup such approval may not be delegated. prevention and treatment programs relating SEC. 107. Not to exceed 5 percent of any ap- care of tuberculosis among inmates of cor- to juvenile gangs; (3) $10,000,000 shall be propriation made available for the current rectional institutions, as authorized by sec- available for expenses authorized by section fiscal year for the Department of Justice in tion 32201(c)(3) of the 1994 Act; $1,000,000 for 285 of part E of title II of the Act; (4) this Act, including those derived from the Law Enforcement Family Support Programs, $4,000,000 shall be available for expenses au- Violent Crime Reduction Trust Fund, may as authorized by section 1001(a)(21) of the thorized by part G of title II of the Act for be transferred between such appropriations, Omnibus Crime Control and Safe Streets Act juvenile mentoring programs; and (5) but no such appropriation, except as other- of 1968 as added by section 210201 of the 1994 $20,000,000 shall be available for expenses au- wise specifically provided, shall be increased Act; $500,000¿ $1,100,000 for Motor Vehicle thorized by title V of the Act for incentive by more than 10 percent by any such trans- Theft Prevention Programs, as authorized by grants for local delinquency prevention pro- fers: Provided, That this section shall not section 220002(h) of the 1994 Act; $1,000,000 for ø grams. apply to any appropriation made available in Gang Investigation Coordination and Infor- In addition, for grants, contracts, coopera- title I of this Act under the heading, ‘‘Office mation Collection, as authorized by section tive agreements, and other assistance au- of Justice Programs, Justice Assistance’’: 150006 of the 1994 Act: Provided, That funds thorized by the Victims of Child Abuse Act Provided further, That any transfer pursuant made available in fiscal year 1996 under sub- ¿ of 1990, as amended, $4,500,000, to remain to this section shall be treated as a part 1 of part E of title I of the Omnibus available until expended, as authorized by reprogramming of funds under section 605 of Crime Control and Safe Streets Act of 1968, section 214B, of the Act: Provided, That bal- this Act and shall not be available for obliga- as amended, may be obligated for programs ances of amounts appropriated prior to fiscal tion or expenditure except in compliance to assist States in the litigation processing year 1995 under the authorities of this ac- with the procedures set forth in that section. of death penalty Federal habeas corpus peti- count shall be transferred to and merged SEC. 108. For fiscal year 1996 and each fiscal tions: Provided further, That any 1995 bal- with this account. year thereafter, amounts in the Federal Pris- ances for these programs shall be transferred on System’s Commissary Fund, Federal Pris- to and merged with this appropriation: Pro- PUBLIC SAFETY OFFICERS BENEFITS ons, which are not currently needed for oper- vided further, That if a unit of local govern- For payments authorized by part L of title ations, shall be kept on deposit or invested ment uses any of the funds made available I of the Omnibus Crime Control and Safe in obligations of, or guaranteed by, the Unit- under this title to increase the number of Streets Act of 1968 (42 U.S.C. 3796), as amend- ed States and all earnings on such invest- law enforcement officers, the unit of local ed, such sums as are necessary, to remain ments shall be deposited in the Commissary government will achieve a net gain in the available until expended, as authorized by Fund. number of law enforcement officers who per- section 6093 of Public Law 100–690 (102 Stat. SEC. 109. Section 524(c)(9) of title 28, United 4339–4340), and, in addition, $2,134,000, to re- form nonadministrative public safety serv- States Code, is amended by adding subpara- main available until expended, for payments ice. graph (E), as follows: WEED AND SEED PROGRAM FUND as authorized by section 1201(b) of said Act. ‘‘(E) Subject to the notification procedures For necessary expenses, including salaries GENERAL PROVISIONS—DEPARTMENT OF contained in section 605 of Public Law 103– and related expenses of the Executive Office JUSTICE 121, and after satisfying the transfer require- for Weed and Seed, to implement ‘‘Weed and SEC. 101. In addition to amounts otherwise ment in subparagraph (B) of this paragraph, Seed’’ program activities, $23,500,000, of made available in this title for official recep- any excess unobligated balance remaining in which $13,500,000 shall be derived from discre- tion and representation expenses, a total of the Fund on September 30, 1995 shall be S 14476 CONGRESSIONAL RECORD — SENATE September 28, 1995

available to the Attorney General, without ‘‘(c) ALLOCATION AND DISTRIBUTION OF ‘‘(ii) will comply with paragraph (2) and regu- fiscal year limitation, for any Federal law FUNDS.— lations prescribed under such paragraph. enforcement, litigative/prosecutive, and cor- ‘‘(1) ALLOCATION.—The amount made avail- ‘‘SEC. 10002. APPLICATIONS. rectional activities, or any other authorized able pursuant to section 10003 shall be allocated ‘‘(a) The Attorney General shall make grants purpose of the Department of Justice. Any as follows: under this title only if a State has submitted an amounts provided pursuant to this subpara- ‘‘(A) 0.6 percent shall be allocated to each of application to the Attorney General in such graph may be used under authorities avail- the participating States. form, and containing such information, as is the able to the organization receiving the ‘‘(B) After the allocation under subparagraph Attorney General may reasonably require. funds.’’. (A), the remainder shall be allocated on the basis of the population of each State as deter- ‘‘SEC. 10003. AUTHORIZATION OF APPROPRIA- SEC. 110. øNotwithstanding¿ Hereafter, not- TIONS. withstanding any other provision of law— mined by the 1990 decennial census as adjusted ‘‘There are authorized to be appropriated to (1) no transfers may be made from Depart- annually, by allocating to each State an carry out this title— ment of Justice accounts other than those amount bearing the same ratio to the total ‘‘(1) $2,050,000,000 for fiscal year 1996; authorized in this Act, or in previous or sub- amount to be allocated under this subparagraph ‘‘(2) $2,150,000,000 for fiscal year 1997; sequent appropriations Acts for the Depart- as the population of the State bears to the popu- ‘‘(3) $1,900,000,000 for fiscal year 1998; ment of Justice, or in part II of title 28 of the lation of all States. ‘‘(4) $1,900,000,000 for fiscal year 1999; and United States Code, or in section 10601 of ‘‘(2) DISTRIBUTION TO LOCAL GOVERNMENTS.— ‘‘(5) $468,000,000 for fiscal year 2000. ‘‘(A) IN GENERAL.—A State receiving a grant title 42 of the United States Code; and ‘‘SEC. 10004. LIMITATION ON USE OF FUNDS. (2) no appropriation account within the De- under this title shall ensure that not less than 85 percent of the funds received are distributed ‘‘Funds made available to States under this partment of Justice shall have its allocation title shall not be used to supplant State or local of funds controlled by other than an appor- to units of local government. ‘‘(B) LIMITATION.—Not more than 2.5 percent funds, but shall be used to increase the amount tionment issued by the Office of Manage- of funds received by a State in any grant year of funds that would, in the absence of Federal ment and Budget or an allotment advice is- shall be used for costs associated with the ad- funds received under this title, be made avail- sued by the Department of Justice. ministration and distribution of grant money. able from State or local sources.’’. SEC. 111. (a) Section 1930(a)(6) of title 28, ‘‘(d) DISBURSEMENT.— SEC. 115. VIOLENT OFFENDER INCARCERATION United States Code, is amended by striking ‘‘(1) IN GENERAL.—The Attorney General shall AND TRUTH IN SENTENCING ‘‘a plan is confirmed or’’. issue regulations establishing procedures under GRANTS. (b) Section 589a(b)(5) of such title is which a State may receive assistance under this Subtitle A of title II of the Violent Crime Con- amended by striking ‘‘;’’ and inserting, title. trol and Law Enforcement Act of 1994 is amend- ‘‘until a reorganization plan is confirmed;’’. ‘‘(2) GENERAL REQUIREMENTS FOR QUALIFICA- ed to read as follows: (c) Section 589a(f) of such title is amend- TION.—A State qualifies for a payment under ‘‘Subtitle A—Violent Offender Incarceration ed— this title for a payment period only if the State and Truth in Sentencing Incentive Grants (1) in paragraph (2) by striking ‘‘.’’ and in- establishes that— serting, ‘‘until a reorganization plan is con- ‘‘SEC. 20101. GRANTS FOR CORRECTIONAL FACILI- ‘‘(A) the State will establish a segregated ac- TIES. firmed;’’, and count in which the government will deposit all (2) by inserting after paragraph (2) the fol- ‘‘(a) GRANT AUTHORIZATION.—The Attorney payments received under this title; General may make grants to individual States lowing new paragraph: ‘‘(B) the State will expend the payments in ‘‘(3) 100 percent of the fees collected under and to States organized as multi-State compacts accordance with the laws and procedures that to construct, develop, expand, modify, operate, section 1930(a)(6) of this title after a reorga- are applicable to the expenditure of revenues of nization plan is confirmed.’’. or improve conventional correctional facilities, the State; including prisons and jails, for the confinement SEC. 112. Public Law 102–395, section 102 is ‘‘(C) the State will use accounting, audit, and of violent offenders, to ensure that prison cell amended as follows: (1) in subsection (b)(1) fiscal procedures that conform to guidelines that space is available for the confinement of violent strike ‘‘years 1993, 1994, and 1995’’ and insert shall be prescribed by the Attorney General offenders and to implement truth in sentencing ‘‘year 1996’’; (2) in subsection (b)(1)(C) strike after consultation with the Comptroller General laws for sentencing violent offenders. ‘‘years 1993, 1994, and 1995’’ and insert ‘‘year of the United States and, as applicable, amounts ‘‘(b) ELIGIBILITY.—To be eligible to receive a 1996’’; and (3) in subsection (b)(5)(A) strike received under this title shall be audited in com- ‘‘years 1993, 1994, and 1995’’ and insert ‘‘year grant under this subtitle, a State or States orga- pliance with the Single Audit Act of 1984; nized as multi-State compacts shall submit an 1996’’. ‘‘(D) after reasonable notice to a State, the application to the Attorney General that in- SEC. 113. Public Law 101–515 (104 Stat. 2112; State will make available to the Attorney Gen- cludes— 28 U.S.C. 534 note) is amended by inserting eral and the Comptroller General of the United ‘‘(1)(A) except as provided in subparagraph ‘‘and criminal justice information’’ after States, with the right to inspect, records that (B), assurances that the State or States, have ‘‘for the automation of fingerprint identi- the Attorney General or Comptroller General of implemented, or will implement, correctional fication’’. the United States reasonably requires to review policies and programs, including truth in sen- compliance with this title; SEC. 114. STATE AND LOCAL LAW ENFORCEMENT tencing laws that ensure that violent offenders ASSISTANCE BLOCK GRANT PRO- ‘‘(E) the State will make such reports as the serve a substantial portion of the sentences im- GRAM. Attorney General reasonably requires, in addi- posed, that are designed to provide sufficiently Title I of the Violent Crime Control and Law tion to the annual reports required under this severe punishment for violent offenders, includ- Enforcement Act of 1994 is amended to read as title; and follows: ‘‘(F) the State will expend the funds only for ing violent juvenile offenders, and that the pris- the purposes set forth in subsection (a). on time served is appropriately related to the de- ‘‘TITLE I—STATE AND LOCAL LAW termination that the inmate is a violent offender ENFORCEMENT ASSISTANCE ‘‘(3) SANCTIONS FOR NONCOMPLIANCE.— ‘‘(A) IN GENERAL.—If the Attorney General and for a period of time deemed necessary to ‘‘SEC. 10001. BLOCK GRANTS TO STATES. finds that a State has not complied substan- protect the public; ‘‘(a) IN GENERAL.—The Attorney General tially with paragraph (2) or regulations pre- ‘‘(B) in the case of a State that on the date of shall make grants under this title to States for scribed under such paragraph, the Attorney enactment of the Department of Justice Appro- use by State and local governments to— General shall notify the State. The notice shall priations Act, 1996 practices indeterminant sen- ‘‘(1) hire, train, and employ on a continuing provide that if the State does not initiate correc- tencing, a demonstration that average times basis, new law enforcement officers and nec- tive action within 30 days after the date on served for the offenses of murder, rape, robbery, essary support personnel; which the State receives the notice, the Attorney and assault in the State exceed by at least 10 ‘‘(2) pay overtime to currently employed law General will withhold additional payments to percent the national average of time served for enforcement officers and necessary support per- the State for the current payment period and such offenses in all of the States; sonnel; later payment periods. Payments shall be with- ‘‘(2) assurances that the State or States have ‘‘(3) procure equipment, technology, and other held until such time as the Attorney General de- implemented policies that provide for the rec- material that is directly related to basic law en- termines that the State— ognition of the rights and needs of crime vic- forcement functions, such as the detection or in- ‘‘(i) has taken the appropriate corrective ac- tims; vestigation of crime, or the prosecution of crimi- tion; and ‘‘(3) assurances that funds received under this nals; and ‘‘(ii) will comply with paragraph (2) and the section will be used to construct, develop, ex- ‘‘(4) establish and operate cooperative pro- regulations prescribed under such paragraph. pand, modify, operate, or improve conventional grams between community residents and law en- ‘‘(B) NOTICE.—Before giving notice under sub- correctional facilities; forcement agencies for the control, detection, or paragraph (A), the Attorney General shall give ‘‘(4) assurances that the State or States have investigation of crime, or the prosecution of the chief executive officer of the State reason- involved counties and other units of local gov- criminals. able notice and an opportunity for comment. ernment, when appropriate, in the construction, ‘‘(b) LAW ENFORCEMENT TRUST FUNDS.— ‘‘(C) PAYMENT CONDITIONS.—The Attorney development, expansion, modification, oper- Funds received by a State or unit of local gov- General shall make a payment to a State under ation, or improvement of correctional facilities ernment under this title may be reserved in a subparagraph (A) only if the Attorney General designed to ensure the incarceration of violent trust fund established by the State or unit of determines that the State— offenders, and that the State or States will local government to fund the future needs of ‘‘(i) has taken the appropriate corrective ac- share funds received under this section with programs authorized under subsection (a). tion; and counties and other units of local government, September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14477 taking into account the burden placed on the Northern Mariana Islands each shall be allo- in the provisions of the National Voter Registra- units of local government when they are re- cated 0.05 percent. tion Act of 1993. quired to confine sentenced prisoners because of ‘‘(2) The amount remaining after application SEC. 120. (a) GRANTS TO STATES.—(1) The At- overcrowding in State prison facilities; of paragraph (1) shall be allocated to each eligi- torney General shall make grants to States for ‘‘(5) assurances that funds received under this ble State in the ratio that the number of part 1 the provision of qualified legal services. To re- section will be used to supplement, not sup- violent crimes reported by such State to the Fed- ceive a grant under this paragraph a State shall plant, other Federal, State, and local funds; eral Bureau of Investigation for the previous make an application to the Attorney General. ‘‘(6) assurances that the State or States have year bears to the number of part 1 violent crimes Such an application shall be in such form and implemented, or will implement not later than 18 reported by all States to the Federal Bureau of submitted in such manner as the Attorney Gen- months after the date of enactment of the De- Investigation for the previous year. eral may require, except that the Attorney Gen- partment of Justice Appropriations Act, 1996, ‘‘SEC. 20104. RULES AND REGULATIONS. eral shall not impose a requirement on an indi- policies to determine the veteran status of in- ‘‘(a) IN GENERAL.—Not later than 90 days vidual or person as a condition to bidding on a mates and to ensure that incarcerated veterans after the date of enactment of the Department of contract under subsection (b) or to being award- receive the veterans benefits to which they are Justice Appropriations Act, 1996, the Attorney ed such a contract which requirement is dif- entitled; and General shall issue rules and regulations re- ferent from any other requirement of paragraph ‘‘(7) if applicable, documentation of the multi- garding the uses of grant funds received under (d)(1) of this section. State compact agreement that specifies the con- this subtitle. (2) Grants shall be made to States in such pro- struction, development, expansion, modification, ‘‘(b) BEST AVAILABLE DATA.—If data regard- portion as the number of residents of each State operation, or improvement of correctional facili- ing part 1 violent crimes in any State for the which receives a grant who live in households ties. previous year is unavailable or substantially in- having incomes equal to or less than the poverty ‘‘SEC. 20102. TRUTH IN SENTENCING INCENTIVE accurate, the Attorney General shall utilize the line established under section 673(2) of the Com- GRANTS. best available comparable data regarding the munity Services Block Grant Act (42 U.S.C. ‘‘(a) TRUTH IN SENTENCING GRANT PRO- number of violent crimes for the previous year 9902(2)) bears to the total number of residents in GRAM.—Fifty percent of the total amount of for the State for the purposes of allocation of the United States living in such households: funds appropriated to carry out this subtitle for funds under this subtitle. Provided, That, in States which have significant each of fiscal years 1996, 1997, 1998, 1999, and ‘‘SEC. 20105. DEFINITIONS. numbers of such households that are also Native 2000 shall be made available for truth in sen- ‘‘In this subtitle— American households, grants to such States tencing incentive grants. To be eligible to receive ‘‘(1) the term ‘part 1 violent crimes’ means shall be equal to an amount that is 140 percent such a grant, a State must meet the require- murder and non-negligent manslaughter, forc- of the amount such States would otherwise re- ments of section 20101(b) and shall demonstrate ible rape, robbery, and aggravated assault as re- ceive under this paragraph. that the State— ported to the Federal Bureau of Investigation (3) Each State may in any fiscal year retain ‘‘(1) has in effect laws that require that per- for purposes of the Uniform Crime Reports; for administrative costs not more than 3 percent sons convicted of violent crimes serve not less ‘‘(2) the term ‘State’ or ‘States’ means a State, of the amount granted to the State under para- than 85 percent of the sentence imposed; the District of Columbia, the Commonwealth of graph (1) in such fiscal year. The remainder of ‘‘(2) since 1993— Puerto Rico, the United States Virgin Islands, such grant shall be paid under contracts to ‘‘(A) has increased the percentage of con- American Samoa, Guam, and the Northern Mar- qualified legal service providers in the State for victed violent offenders sentenced to prison; iana Islands; and the provision in the State of qualified legal serv- ‘‘(B) has increased the average prison time ‘‘(3) the term ‘indeterminate sentencing’ ices. If a State which has received a grant under that will be served in prison by convicted violent means a system by which the court has discre- paragraph (1) has at the end of any fiscal year offenders sentenced to prison; and tion in imposing the actual length of the sen- funds which have not been obligated, such State ‘‘(C) has in effect at the time of application tence, up to the statutory maximum, and an ad- shall return such funds to the Attorney General. laws requiring that a person who is convicted of ministrative agency, or the court, controls re- (4) No State may receive a grant under para- a violent crime shall serve not less than 85 per- lease between court-ordered minimum and maxi- graph (1) unless the State has certified to the cent of the sentence imposed if— mum sentence.’’. Attorney General that the State will comply ‘‘(i) the person has been convicted on 1 or ‘‘SEC. 20106. AUTHORIZATION OF APPROPRIA- with and enforce the requirements of this sec- more prior occasions in a court of the United TIONS. tion. States or of a State of a violent crime or a seri- ‘‘There are authorized to be appropriated to (5) None of the funds provided under para- ous drug offense; and carry out this subtitle— graph (1) shall be used by a qualified legal serv- ‘‘(ii) each violent crime or serious drug offense ‘‘(1) $1,000,000,000 for fiscal year 1996; ice provider— (A) to make available any funds, personnel, or was committed after the defendant’s conviction ‘‘(2) $1,150,000,000 for fiscal year 1997; equipment for use in advocating or opposing of the preceding violent crime or serious drug of- ‘‘(3) $2,100,000,000 for fiscal year 1998; ‘‘(4) $2,200,000,000 for fiscal year 1999; and any plan or proposal or represent any party or fense; or ‘‘(5) $2,270,000,000 for fiscal year 2000.’’. participate in any other way in litigation, that ‘‘(3) in the case of a State that on the date of SEC. 116. Notwithstanding provisions of 41 is intended to or has the effect of altering, revis- enactment of the Department of Justice Appro- U.S.C. 353 or any other provision of law, the ing, or reapportioning a legislative, judicial, or priations Act, 1996 practices indeterminant sen- Federal Prison System may enter into contracts elective district at any level of government, in- tencing, a demonstration that average times and other agreements with private entities for cluding influencing the timing or manner of the served for the offenses of murder, rape, robbery, the confinement of Federal prisoners for a pe- taking of a census; and assault in the State exceed by at least 10 riod not to exceed 3 years and 7 additional op- (B) to attempt to influence the issuance, percent the national average of time served for tion years. amendment, or revocation of any executive such offenses in all of the States. SEC. 117. Public Law 101–246 (104 Stat. 42) is order, regulation, policy or similar promulgation ‘‘(b) ALLOCATION OF TRUTH IN SENTENCING IN- amended by inserting ‘‘or Federal Bureau of In- by any Federal, State, or local agency; CENTIVE FUNDS.—The amount available to carry vestigation’’ after ‘‘Drug Enforcement Adminis- (C) to attempt to influence the passage or de- out this section for any fiscal year shall be allo- tration’’. feat of any legislation, constitutional amend- cated to each eligible State in the ratio that the SEC. 118. (a) Except as provided in subsection ment, referendum, initiative, confirmation pro- number of part 1 violent crimes reported by such (b), the restrictions on the commercial sale of ceeding, or any similar procedure of the Con- State to the Federal Bureau of Investigation for goods and services produced or provided by the gress of the United States or by any State or the previous year bears to the number of part 1 Federal Prison Industries provided in section local legislative body; violent crimes reported by all States to the Fed- 1761 of title 18, United States Code, and any (D) to support or conduct training programs eral Bureau of Investigation for the previous other provision of law shall not apply. for the purpose of advocating particular public year. (b) Goods or services may not be sold commer- policies or encouraging political activities, labor ‘‘SEC. 20103. VIOLENT OFFENDER INCARCER- cially pursuant to subsection (a) unless the or anti-labor activities, boycotts, picketing, ATION GRANTS. President certifies that the sale of such goods or strikes, and demonstrations, including the dis- ‘‘(a) VIOLENT OFFENDER INCARCERATION services will not result in the loss of jobs in the semination of information about such policies or GRANT PROGRAM.—Fifty percent of the total private sector or adversely effect the sale of pri- activities; amount of funds appropriated to carry out this vate sector goods or services sold on a local or (E) to participate in any litigation, lobbying, subtitle for each of fiscal years 1996, 1997, 1998, regional basis. rulemaking or any other matter with respect to 1999, and 2000 shall be made available for vio- (c) This section shall not be construed as au- abortion; lent offender incarceration grants. To be eligible thorizing the appropriations of any additional (F) to provide legal assistance to an eligible to receive such a grant, a State or States must appropriations. client with respect to a proceeding or litigation meet the requirements of section 20101(b). SEC. 119. PROVISION RELATING TO VOTER REG- in which the client seeks to obtain a dissolution ‘‘(b) ALLOCATION OF VIOLENT OFFENDER IN- ISTRATION.—(a) IN GENERAL.—Subsection (b) of of a marriage or a legal separation from a CARCERATION FUNDS.—Funds made available to section 4 of the National Voter Registration Act spouse; carry out this section shall be allocated as fol- of 1993 (42 U.S.C. 1973gg–2(b)) is amended by (G) to participate in any litigation or provide lows: striking ‘‘March 11, 1993’’ each place it appears any representation on behalf of a local, State, ‘‘(1) 0.6 percent shall be allocated to each eli- and inserting ‘‘August 1, 1994’’. or Federal prisoner; gible State, except that the United States Virgin (b) EFFECTIVE DATE.—The amendments made (H) to solicit in-person any client for the pur- Islands, American Samoa, Guam, and the by subsection (a) shall take effect as if included pose of providing any legal service; S 14478 CONGRESSIONAL RECORD — SENATE September 28, 1995 (I) to pay for any personal service, advertise- increments identifying such client, the general (i) has been convicted of a felony; ment, telegram, telephone communication, let- nature of the work performed in each increment, (ii) has been suspended or disbarred from the ter, or printed or written matter or to pay ad- and the account which will be charged for such practice of law for misconduct, incompetence, or ministrative expenses or related expenses, asso- work. neglect of a client in any State; ciated with an activity prohibited in this para- (5) Each qualified client shall be provided a (iii) has been found in contempt of a court of graph; self-mailing customer satisfaction questionnaire competent jurisdiction in any State or Federal (J) to pay any voluntary membership dues to in a form approved by the authority granting court; any private or non-profit organization; or the contract under subsection (b) which identi- (iv) has been sanctioned under Federal Rule (K) to provide any subgrants for the provision fies the qualified legal service provider and is of Civil Procedure 11 or an equivalent State rule of qualified legal services. preaddressed to such authority. of procedure applicable in civil actions; (6) A State which receives a grant under para- (6) Any qualified client who receives legal (v) has been sanctioned by the Legal Services graph (1) and which also distributes State funds services other than advice or legal services pro- Corporation; or for the provision of legal services or which per- vided by mail or telephone shall execute with re- (vi) is a subgrantee of a qualified legal serv- mits the distribution of interest on lawyers’ trust spect to such services a waiver of attorney client ices provider; or if such individual has a crimi- accounts for the provision of legal services shall and attorney work product privilege as a condi- nal charge pending on the date of the submis- require that such State funds and such interest tion to receiving such service. The waiver shall sion of a bid for a contract under subsection (b). on lawyers’ trust accounts be used to provide be limited to the extent necessary to determine (C) No State may impose a requirement on an qualified legal services to qualified clients and the quantity and quality of the service rendered individual or person as a condition to bidding shall impose on the use of such State funds and by the qualified legal service provider. on a contract under subsection (b) or to being such interest on lawyers’ trust accounts the lim- (7) A qualified legal service provider shall awarded such a contract which requirement is itations prescribed by paragraph (5). make and maintain records detailing the basis different from any other requirement of this (7) A qualified legal service provider of any upon which the provider determined the quali- paragraph. qualified client or any client of such provider fications of qualified clients. Such records shall (2) The term ‘‘qualified legal services’’ may not claim or collect attorneys’ fees from be made and maintained for 5 years following means— parties to any litigation initiated by such client. the termination of a contract under subsection (A) mediation, negotiation, arbitration, coun- (b) AWARDING OF CONTRACTS.—(1) Each State (b) for the provision of legal services to such cli- seling, advice, instruction, referral, or represen- which receives a grant under subsection (a)(1) ents. tation, and shall make funds under the grant available for (8) A qualified legal service provider shall con- (B) legal research or drafting in support of the contracts entered into for the provision of quali- sent to audits by the General Accounting Office, services described in subparagraph (A), provided fied legal services within the State. the Attorney General, and the authority which by or under the supervision of a qualified legal (2)(A) The Governor of each State shall des- awarded a contract to such provider. Any such service provider to a qualified client for a quali- ignate the authority of the State which shall be audit may be conducted at the provider’s prin- fied cause of action. responsible for soliciting and awarding bids for cipal place of business. Such an audit shall be (3) The term ‘‘qualified client’’ means any in- contracts for the provision of qualified legal limited to a determination of whether such pro- dividual who is a United States citizen or an services within such State. vider is meeting the requirements of this Act and alien admitted for permanent residence prior to (B) The authority of a State designated under the provider’s contract under subsection (b). In the date of enactment of this Act who resides in subparagraph (A) shall designate service areas addition, a qualified legal service provider shall a household the income of which from any within the State. Such service areas shall be the conduct an annual financial audit by a quali- source, which was received or held for the bene- counties or parishes within a State but such au- fied certified public accountant which encom- fit of a member of the household, was equal to thority may combine contiguous counties or par- passes the entire term of a contract awarded or less than the poverty line established under ishes to form a service area to assure the most under subsection (b), and shall transmit a report section 673(2) of the Community Services Block efficient provision of qualified legal services of such audit to the authority which awarded a Grant Act (42 U.S.C. 9902(2)). The term ‘‘house- within available funds. contract to such provider within 60 days of the hold’’ means a dwelling occupied by at least one (3) A State shall allocate grant funds for con- termination of such contract. adult. tracts for the provision of qualified legal services (9) A contract awarded under subsection (b) (4)(A) The term ‘‘qualified cause of action’’ in a service area on the same basis as grants are shall require that all funds received by the means only a civil cause of action which results made available to States under subsection (a)(2). qualified legal services provider from any source only from— (4) A State shall award a contract for the pro- be used exclusively to provide qualified legal (i) landlord and tenant disputes, including an vision of qualified legal services in a service services to qualified clients and shall impose on eviction from housing except an eviction where area to the applicant who is best qualified, as the use of such funds the limitations prescribed the prima facie case for the eviction is based on determined by the State, and who in its bid of- by paragraph (a)(5). criminal conduct, including the harboring of a fers to provide, in accordance with subsection (10) The authority which awarded a contract nuisance who has engaged in criminal conduct; (c), the greatest number of hours of qualified shall terminate a qualified legal service provider (ii) foreclosure of a debt on a qualified client’s legal services in such area. who fails to abide by the terms of this section. residence; (5) A State contract awarded under paragraph A breach of contract by a qualified legal service (iii) the filing of a petition under chapter 7 or (4) shall be in such form as the State requires. provider shall require the authority to terminate 12 of title 11, United States Code, or under chap- The contract shall provide for the rendering of the contract, to award a new contract to a dif- ter 13 of such title unless a petition of eviction bills supported by time records at the close of ferent qualified legal services provider, and to has preceded the filing of such petition; each month in which qualified legal services are (iv) enforcement of a debt; recover any funds improperly expended by the provided. A State shall make payment to a (v) enforcement of child support orders; provider, together with reasonable attorneys’ qualified legal service provider at the contact (vi) action to quiet title; fees and interest at the statutory rate in the rate only for hours of qualified legal services (vii) spousal or child abuse on behalf of the State for interest on judgments. If such a breach provided and supported by appropriate records. abused party; was willful, the provider shall pay to the au- The contract rate shall be the total dollar (viii) an insurance claim; thority which awarded the contract additional amount of the contract divided by the total (ix) competency hearing; or damages equal to the one half of the amount im- hours bid by the qualified legal service provider. (x) probate. properly expended by the provider. A State shall have 60 days to make full payment (B) Such term does not include— (d) For purposes of this section: of such bills. (i) a class action under Federal, State, or local (1)(A) The term ‘‘qualified legal service pro- (c) REQUIREMENTS FOR THE PROVISION OF law; or vider’’ means— QUALIFIED LEGAL SERVICES UNDER A CON- (ii) any challenge to the constitutionality of (i) any individual who is licensed to practice TRACT.—(1) The term of a contract entered into any statute. under subsection (b) shall be not more than 1 law in a State for not less than 3 calendar (5) The term ‘‘State’’ means any State of the year. years, who has practiced law in such State not United States, the District of Columbia, the (2) A qualified legal service provider shall less than 3 calendar years, and who is so li- Commonwealth of Puerto Rico, the Virgin Is- service the legal needs of qualified clients under censed during the period of a contract under lands, Guam, American Samoa, the Trust Terri- a contract entered into under subsection (b) in subsection (b); or tory of the Pacific Islands, and any other terri- a professional manner consistent with applica- (ii) a person who employs an individual de- tory or possession of the United States and in- ble law. scribed in clause (i) to provide qualified legal cludes any recognized governing body of an In- (3) A qualified legal service provider shall services. dian Tribe or Alaskan Native Village that car- maintain a qualified client’s case file, including Nothing in this subparagraph shall be inter- ries out substantial governmental powers and any pleadings and research, at least until the preted to prohibit a qualified legal service pro- duties. later of 5 years after the resolution of client’s vider from employing an individual who is not (e)(1) The Legal Services Corporation Act (42 cause of action or 5 years after the termination described in clause (i) to assist in providing U.S.C. 2996 et seq.) is repealed. of the contract under which services were pro- qualified legal services. (2) The assets, liabilities, contracts, property, vided to such client. (B) No individual shall be considered a quali- records, and unexpended balances of appropria- (4) A qualified legal service provider shall fied legal service provider if such individual tions, authorizations, allocations, and other keep daily time records of the provision of serv- during the 10 years preceding the submission of funds employed, used, held, arising from, avail- ices to a qualified client in one tenth of an hour a bid for a contract under subsection (b)— able to, or to be made available in connection September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14479 with the Legal Services Corporation shall be ployment of Americans and aliens by con- for participation in the White House Con- transferred to Office of the Attorney General. tract for services abroad; rental of space ference on Travel and Tourism, $2,000,000, to This title may be cited as the ‘‘Department abroad for periods not exceeding ten years, remain available until December 31, 1995: of Justice Appropriations Act, 1996’’. and expenses of alteration, repair, or im- Provided, That none of the funds appro- TITLE II—DEPARTMENT OF COMMERCE provement; payment of tort claims, in the priated by this paragraph shall be available AND RELATED AGENCIES manner authorized in the first paragraph of to carry out the provisions of section 203(a) 28 U.S.C. 2672 when such claims arise in for- TRADE AND INFRASTRUCTURE DEVELOPMENT of the International Travel Act of 1961, as eign countries; not to exceed $15,000 for offi- amended.¿ RELATED AGENCIES cial representation expenses abroad; awards ECONOMIC AND INFORMATION INFRASTRUCTURE OFFICE OF THE UNITED STATES TRADE of compensation to informers under the Ex- REPRESENTATIVE port Administration Act of 1979, and as au- ECONOMIC AND STATISTICAL ANALYSIS SALARIES AND EXPENSES thorized by 22 U.S.C. 401(b); purchase of pas- SALARIES AND EXPENSES For necessary expenses of the Office of the senger motor vehicles for official use and For necessary expenses, as authorized by United States Trade Representative, includ- motor vehicles for law enforcement use with law, of economic and statistical analysis pro- ing the hire of passenger motor vehicles and special requirement vehicles eligible for pur- grams of the Department of Commerce, the employment of experts and consultants chase without regard to any price limitation ø$40,000,000¿ $57,220,000, to remain available as authorized by 5 U.S.C. 3109, ø$20,949,000¿ otherwise established by law; ø$38,644,000¿ until September 30, 1997. $30,504,000, to remain available until ex- $20,889,000, of which $2,500,000 shall remain ECONOMICS AND STATISTICS ADMINISTRATION pended: Provided, That the provisions of the available until expended: Provided, That not REVOLVING FUND first sentence of section 105(f) and all of sec- to exceed $98,000 shall be available for offi- The Secretary of Commerce is authorized cial reception and representation expenses. tion 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. to disseminate economic and statistical data INTERNATIONAL TRADE COMMISSION 2455(f) and 2458(c)) shall apply in carrying out products as authorized by 15 U.S.C. 1525–1527 SALARIES AND EXPENSES these activities. and, notwithstanding 15 U.S.C. 4912, charge For necessary expenses of the Inter- ECONOMIC DEVELOPMENT ADMINISTRATION fees necessary to recover the full costs in- national Trade Commission, including hire curred in their production. Notwithstanding ECONOMIC DEVELOPMENT ASSISTANCE 31 U.S.C. 3302, receipts received from these of passenger motor vehicles and services as PROGRAMS authorized by 5 U.S.C. 3109, and not to exceed data dissemination activities shall be cred- For grants for economic development as- ited to this account, to be available for car- $2,500 for official reception and representa- sistance as provided by the Public Works and tion expenses, ø$42,500,000¿ $34,000,000, to re- rying out these purposes without further ap- Economic Development Act of 1965, as propriation. main available until expended. amended, Public Law 91–304, and such laws DEPARTMENT OF COMMERCE that were in effect immediately before Sep- BUREAU OF THE CENSUS INTERNATIONAL TRADE ADMINISTRATION tember 30, 1982, øand for trade adjustment as- SALARIES AND EXPENSES OPERATIONS AND ADMINISTRATION sistance, $328,500,000¿ $89,000,000: Provided, For expenses necessary for collecting, com- That none of the funds appropriated or oth- For necessary expenses for international piling, analyzing, preparing, and publishing erwise made available under this heading trade activities of the Department of Com- statistics, provided for by law, ø$136,000,000¿ may be used directly or indirectly for attor- merce provided for by law, and engaging in $144,812,000. neys’ or consultants’ fees in connection with trade promotional activities abroad, includ- PERIODIC CENSUSES AND PROGRAMS securing grants and contracts made by the ing expenses of grants and cooperative agree- Economic Development Administration: Pro- For expenses necessary to collect and pub- ments for the purpose of promoting exports vided further, That, notwithstanding any lish statistics for periodic censuses and pro- of United States firms, without regard to 44 other provision of law, the Secretary of Com- grams provided for by law, ø$135,000,000¿ U.S.C. 3702 and 3703; full medical coverage for merce may provide financial assistance for $193,450,000, to remain available until ex- dependent members of immediate families of projects to be located on military installa- pended. employees stationed overseas and employees tions closed or scheduled for closure or re- NATIONAL TELECOMMUNICATIONS AND temporarily posted overseas; travel and alignment to grantees eligible for assistance INFORMATION ADMINISTRATION transportation of employees of the United under the Public Works and Economic Devel- States and Foreign Commercial Service be- SALARIES AND EXPENSES opment Act of 1965, as amended, without it tween two points abroad, without regard to For necessary expenses, as provided for by being required that the grantee have title or 49 U.S.C. 1517; employment of Americans and law, of the National Telecommunications ability to obtain a lease for the property, for aliens by contract for services; rental of and Information Administration, the useful life of the project, when in the space abroad for periods not exceeding ten ø$19,709,000¿ $5,000,000, to remain available opinion of the Secretary of Commerce, such years, and expenses of alteration, repair, or until expended: Provided, That notwithstand- financial assistance is necessary for the eco- improvement; purchase or construction of ing 31 U.S.C. 1535(d), the Secretary of Com- nomic development of the area: Provided fur- temporary demountable exhibition struc- merce is authorized to retain and use as off- ther, That the Secretary of Commerce may, tures for use abroad; payment of tort claims, setting collections all funds transferred, or as the Secretary considers appropriate, con- in the manner authorized in the first para- previously transferred, from other Govern- sult with the Secretary of Defense regarding graph of 28 U.S.C. 2672 when such claims ment agencies for spectrum management, anal- the title to land on military installations arise in foreign countries; not to exceed ysis, and operations and for all costs incurred closed or scheduled for closure or realign- $327,000 for official representation expenses in telecommunications research, engineer- ment. abroad; purchase of passenger motor vehicles ing, and related activities by the Institute for official use abroad, not to exceed $30,000 SALARIES AND EXPENSES for Telecommunication Sciences of the NTIA per vehicle; obtain insurance on official For necessary expenses of administering in furtherance of its assigned functions motor vehicles; and rent tie lines and tele- the economic development assistance pro- under this paragraph and such funds received type equipment; ø$264,885,000¿ $219,579,000, to grams as provided for by law, ø$20,000,000¿ from other Government agencies shall re- remain available until expended: Provided, $11,000,000: Provided, That these funds may be main available until expended. That the provisions of the first sentence of used to monitor projects approved pursuant (TRANSFER OF FUNDS) section 105(f) and all of section 108(c) of the to title I of the Public Works Employment For spectrum management, $9,000,000 shall be Mutual Educational and Cultural Exchange Act of 1976, as amended, title II of the Trade made available until expended to be derived by Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall Act of 1974, as amended, and the Community transfer from unobligated balances of the Work- apply in carrying out these activities with- Emergency Drought Relief Act of 1977. ing Capital Fund in the Department of Justice. out regard to 15 U.S.C. 4912; and that for the MINORITY BUSINESS DEVELOPMENT AGENCY PUBLIC BROADCASTING FACILITIES, PLANNING purpose of this Act, contributions under the MINORITY BUSINESS DEVELOPMENT AND CONSTRUCTION provisions of the Mutual Educational and øFor necessary expenses of the Department Cultural Exchange Act shall include pay- For grants authorized by section 392 of the of Commerce in fostering, promoting, and Communications Act of 1934, as amended, ment for assessments for services provided as developing minority business enterprise, in- part of these activities. ø$19,000,000¿ $10,000,000, to remain available cluding expenses of grants, contracts, and until expended as authorized by section 391 EXPORT ADMINISTRATION other agreements with public or private or- of the Act, as amended: Provided, That not to OPERATIONS AND ADMINISTRATION ganizations, $32,000,000.¿ exceed $2,200,000 shall be available for pro- Of the unobligated balances contained in this For necessary expenses for export adminis- gram administration as authorized by sec- account, $1,000,000 shall be transferred to the tration and national security activities of tion 391 of the Act: Provided further, That Commerce Reorganization Transition Fund. the Department of Commerce, including notwithstanding the provisions of section 391 costs associated with the performance of ex- øUNITED STATES TRAVEL AND TOURISM of the Act, the prior year unobligated bal- port administration field activities both do- ADMINISTRATION ances may be made available for grants for mestically and abroad; full medical coverage øSALARIES AND EXPENSES projects for which applications have been for dependent members of immediate fami- øFor necessary expenses of the United submitted and approved during any fiscal lies of employees stationed overseas; em- States Travel and Tourism Administration year. S 14480 CONGRESSIONAL RECORD — SENATE September 28, 1995

øINFORMATION INFRASTRUCTURE GRANTS NATIONAL OCEANIC AND ATMOSPHERIC FOREIGN FISHING OBSERVER FUND ADMINISTRATION For expenses necessary to carry out the øFor grants authorized by section 392 of OPERATIONS, RESEARCH, AND FACILITIES the Communications Act of 1934, as amended, provisions of the Atlantic Tunas Convention $40,000,000, to remain available until ex- (INCLUDING TRANSFER OF FUNDS) Act of 1975, as amended (Public Law 96–339), pended as authorized by section 391 of the For necessary expenses of activities au- the Magnuson Fishery Conservation and Act, as amended: Provided, That not to ex- thorized by law for the National Oceanic and Management Act of 1976, as amended (Public ceed $4,000,000 shall be available for program Atmospheric Administration, including ac- Law 100–627) and the American Fisheries administration and other support activities quisition, maintenance, operation, and hire Promotion Act (Public Law 96–561), there are as authorized by section 391 of the Act in- of aircraft; not to exceed 358 commissioned appropriated from the fees imposed under cluding support of the Advisory Council on officers on the active list; grants, contracts, the foreign fishery observer program author- National Information Infrastructure: Pro- or other payments to nonprofit organiza- ized by these Acts, not to exceed $196,000, to vided further, That of the funds appropriated tions for the purposes of conducting activi- remain available until expended. herein, not to exceed 5 percent may be avail- ties pursuant to cooperative agreements; and FISHING VESSEL OBLIGATIONS GUARANTEES able for telecommunications research activi- alteration, modernization, and relocation of For the cost, as defined in section 502 of the ties for projects related directly to the devel- facilities as authorized by 33 U.S.C. 883i; Federal Credit Reform Act of 1990, of guaran- opment of a national information infrastruc- ø$1,724,452,000¿ $1,809,092,000, to remain avail- teed loans authorized by the Merchant Marine ture: Provided further, That notwithstanding able until expended: Provided, That notwith- Act of 1936, as amended, $250,000: Provided, the requirements of section 392(a) and 392(c) standing 31 U.S.C. 3302 but consistent with That none of the funds made available under of the Act, these funds may be used for the other existing law, fees shall be assessed, col- this heading may be used to guarantee loans for planning and construction of telecommuni- lected, and credited to this appropriation as the purchase of any new or existing fishing ves- cations networks for the provision of edu- offsetting collections to be available until sel. cational, cultural, health care, public infor- expended, to recover the costs of administer- øTECHNOLOGY ADMINISTRATION ing aeronautical charting programs: Provided mation, public safety or other social serv- øUNDER SECRETARY FOR TECHNOLOGY/OFFICE further, That the sum herein appropriated ices.¿ OF TECHNOLOGY POLICY from the general fund shall be reduced as PATENT AND TRADEMARK OFFICE such additional fees are received during fis- øSALARIES AND EXPENSES For necessary expenses for the Under Sec- SALARIES AND EXPENSES cal year 1996, so as to result in a final gen- ø eral fund appropriation estimated at not retary for Technology/Office of Technology For necessary expenses of the Patent and more than ø$1,721,452,000¿ $1,806,092,000: Pro- Policy, $5,000,000.¿ Trademark Office provided for by law, in- vided further, That any such additional fees GENERAL ADMINISTRATION cluding defense of suits instituted against received in excess of $3,000,000 in fiscal year SALARIES AND EXPENSES the Commissioner of Patents and Trade- 1996 shall not be available for obligation marks; ø$90,000,000¿ $56,324,000, to remain until October 1, 1996: Provided further, That For expenses necessary for the general ad- available until expended: Provided, That the fees and donations received by the National ministration of the Department of Com- funds made available under this heading are Ocean Service for the management of the na- merce provided for by law, including not to to be derived from deposits in the Patent and tional marine sanctuaries may be retained exceed $3,000 for official entertainment, Trademark Office Fee Surcharge Fund as au- and used for the salaries and expenses associ- $29,100,000. thorized by law: Provided further, That the ated with those activities, notwithstanding OFFICE OF INSPECTOR GENERAL amounts made available under the Fund 31 U.S.C. 3302: Provided further, That in addi- For necessary expenses of the Office of In- shall not exceed amounts deposited; and such tion, ø$57,500,000¿ $55,500,000 shall be derived spector General in carrying out the provi- fees as shall be collected pursuant to 15 by transfer from the fund entitled ‘‘Promote sions of the Inspector General Act of 1978, as U.S.C. 1113 and 35 U.S.C. 41 and 376, shall re- and Develop Fishery Products and Research amended (5 U.S.C. App. 1–11 as amended by main available until expended. Pertaining to American Fisheries’’: Provided Public Law 100–504), $21,849,000. further, That grants to States pursuant to SCIENCE AND TECHNOLOGY COMMERCE REORGANIZATION TRANSITION FUND sections 306 and 306(a) of the Coastal Zone For deposit in the Commerce Reorganization NATIONAL INSTITUTE OF STANDARDS AND Management Act, as amended, shall not ex- Transition Fund established under section TECHNOLOGY ceed $2,000,000. 206(c)(1) of this Act for use in accordance with COASTAL ZONE MANAGEMENT FUND section 206(c)(4) of this Act, $52,000,000, in addi- SCIENTIFIC AND TECHNICAL RESEARCH AND Of amounts collected pursuant to 16 U.S.C. tion to amounts made available by transfer, SERVICES 1456a, not to exceed $7,800,000, for purposes which amount shall remain available until ex- For necessary expenses of the National In- set forth in 16 U.S.C. 1456a(b)(2)(A), 16 U.S.C. pended: Provided, That of these funds $4,000,000 stitute of Standards and Technology, 1456a(b)(2)(B)(v), and 16 U.S.C. ø1461(c)¿ shall be remitted to the Office of Personnel ø$263,000,000¿ $222,737,000, to remain available 1461(e). Management for deposit in the Treasury of the until expended, of which not to exceed CONSTRUCTION United States to the credit of the Civil Service $8,500,000 may be transferred to the ‘‘Work- For repair and modification of, and addi- Retirement and Disability Fund. ing Capital Fund’’. tions to, existing facilities and construction GENERAL PROVISIONS—DEPARTMENT OF COMMERCE INDUSTRIAL TECHNOLOGY SERVICES of new facilities, and for facility planning and design and land acquisition not other- SEC. 201. During the current fiscal year, ap- For necessary expenses of the Manufactur- wise provided for the National Oceanic and plicable appropriations and funds made ing Extension Partnership of the National Atmospheric Administration, ø$42,731,000¿ available to the Department of Commerce by Institute of Standards and Technology and $50,000,000, to remain available until ex- this Act shall be available for the activities the Advanced Technology Program, pended. specified in the Act of October 26, 1949 (15 ø$81,100,000¿ $76,600,000, to remain available FLEET MODERNIZATION, SHIPBUILDING AND U.S.C. 1514), to the extent and in the manner until expended, of which not to exceed CONVERSION prescribed by the Act, and, notwithstanding $500,000 may be transferred to the ‘‘Working For expenses necessary for the repairø, ac- 31 U.S.C. 3324, may be used for advanced pay- Capital Fund’’: Provided, That none of the quisition, leasing, or conversion¿ of vessels, ments not otherwise authorized only upon funds made available under this heading in including related equipment to maintain the certification of officials designated by this or any other Act may be used for the øand modernize¿ the existing fleet øand to the Secretary that such payments are in the purposes of carrying out additional program continue planning the modernization of the public interest. competitions under the Advanced Tech- fleet,¿ for the National Oceanic and Atmos- SEC. 202. During the current fiscal year, ap- nology Program: Provided further, That any pheric Administration, $8,000,000, to remain propriations made available to the Depart- unobligated balances available from carry- available until expended. ment of Commerce by this Act for salaries over of prior year appropriations under the and expenses shall be available for hire of FISHING VESSEL AND GEAR DAMAGE Advanced Technology Program may be used passenger motor vehicles as authorized by 31 COMPENSATION FUND only for the purposes of providing continu- U.S.C. 1343 and 1344; services as authorized ation grants. For carrying out the provisions of section by 5 U.S.C. 3109; and uniforms or allowances 3 of Public Law 95–376, not to exceed CONSTRUCTION OF RESEARCH FACILITIES therefor, as authorized by law (5 U.S.C. 5901– $1,032,000, to be derived from receipts col- 5902). lected pursuant to 22 U.S.C. 1980 (b) and (f), For øconstruction of new research facili- SEC. 203. None of the funds made available ties, including architectural and engineering to remain available until expended. by this Act may be used to support the hurri- design, and for¿ renovation of existing facili- FISHERMEN’S CONTINGENCY FUND cane reconnaissance aircraft and activities ties, not otherwise provided for the National For carrying out the provisions of title IV that are under the control of the United Institute of Standards and Technology, as of Public Law 95–372, not to exceed $999,000, States Air Force or the United States Air authorized by 15 U.S.C. 278c–278e, to be derived from receipts collected pursu- Force Reserve. ø$60,000,000¿ $24,000,000, to remain available ant to that Act, to remain available until ex- SEC. 204. None of the funds provided in this until expended. pended. or any previous Act, or hereinafter made September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14481

available to the Department of Commerce (1) ESTABLISHMENT.—There is hereby estab- tion); of which not to exceed $13,454,000 shall shall be available to reimburse the Unem- lished on the books of the Treasury an account remain available until expended for space al- ployment Trust Fund or any other fund or to be known as the ‘‘Commerce Reorganization teration projects; of which not to exceed account of the Treasury to pay for any ex- Transition Fund’’. $10,000,000 shall remain available until ex- penses paid before October 1, 1992, as author- (2) PURPOSE.—The purpose of the account is pended for furniture and furnishings related ized by section 8501 of title 5, United States to provide funds for the following: to new space alteration and construction Code, for services performed after April 20, (A) To cover the costs of actions relating to projects; and of which $500,000 is to remain 1990, by individuals appointed to temporary the abolishment, reorganization, consolidation, available until expended for acquisition of positions within the Bureau of the Census for or transfer of functions under subsection (a). books, periodicals, and newspapers, and all purposes relating to the 1990 decennial cen- (B) To the cover the costs of the payment of other legal reference materials, including sus of population. payments under subsection (b), including any subscriptions. SEC. 205. Not to exceed 5 percent of any ap- payments or deposits to retirement systems re- In addition, for expenses of the United propriation made available for the current quired in relation to such payment. States Court of Federal Claims associated fiscal year for the Department of Commerce (3) DEPOSITS.—There shall be deposited into with processing cases under the National in this Act may be transferred between such the account such sums as may be appropriated Childhood Vaccine Injury Act of 1986, not to appropriations, but no such appropriation or transferred to the account. exceed $2,318,000, to be appropriated from the shall be increased by more than 10 percent (4) USE OF FUNDS.—Sums in the account shall Vaccine Injury Compensation Trust Fund. by any such transfers: Provided, That any be available for the purpose set forth in para- VIOLENT CRIME REDUCTION PROGRAMS transfer pursuant to this section shall be graph (2). For activities of the Federal Judiciary as treated as a reprogramming of funds under (5) REPORT ON ACCOUNT.—Not later than Oc- authorized by law, ø$41,500,000¿ $30,000,000, to section 605 of this Act and shall not be avail- tober 1, 1997, the Secretary of Commerce shall able for obligation or expenditure except in remain available until expended, which shall transmit to the Committees on Appropriations be derived from the Violent Crime Reduction compliance with the procedures set forth in and Commerce, Science, and Transportation of that section. Trust Fund, as authorized by section the Senate and the Committees on Appropria- 190001(a) of Public Law 103–322. SEC. 206. CONSOLIDATION OF FUNCTIONS OF tions and Government Reform and Oversight of COMMERCE DEPARTMENT. the House of Representatives a report contain- DEFENDER SERVICES (a) CONSOLIDATION.— ing an accounting of the expenditures from the For the operation of Federal Public De- (1) IN GENERAL.—Notwithstanding any other account established under this subsection. fender and Community Defender organiza- provision of law, the Director of the Office of This title may be cited as the ‘‘Department tions, the compensation and reimbursement Management and Budget shall, in consultation of Commerce and Related Agencies Appro- of expenses of attorneys appointed to rep- with the Secretary of Commerce— priations Act, 1996’’. resent persons under the Criminal Justice (A) abolish, reorganize, consolidate, or trans- Act of 1964, as amended, the compensation TITLE III—THE JUDICIARY fer such functions that either receive funding or and reimbursement of expenses of persons are eliminated under this title as the Director SUPREME COURT OF THE UNITED STATES furnishing investigative, expert and other considers appropriate in order to meet the re- SALARIES AND EXPENSES services under the Criminal Justice Act (18 quirements and limitations set forth in this title; For expenses necessary for the operation of U.S.C. 3006A(e)), the compensation (in ac- and cordance with Criminal Justice Act maxi- (B) terminate or transfer such personnel asso- the Supreme Court, as required by law, ex- cluding care of the building and grounds, in- mums) and reimbursement of expenses of at- ciated with such functions as the Director con- torneys appointed to assist the court in siders appropriate in order to meet such require- cluding purchase or hire, driving, mainte- criminal cases where the defendant has ments and limitations. nance and operation of an automobile for the waived representation by counsel, the com- (2) TRANSITION RULES.—The Director of the Chief Justice, not to exceed $10,000 for the Office of Management and Budget shall estab- purpose of transporting Associate Justices, pensation and reimbursement of travel ex- lish such rules and procedures relating to the and hire of passenger motor vehicles as au- penses of guardians ad litem acting on behalf abolishment, reorganization, consolidation, or thorized by 31 U.S.C. 1343 and 1344; not to ex- of financially eligible minor or incompetent transfer of functions under this subsection as ceed $10,000 for official reception and rep- offenders in connection with transfers from the Director considers appropriate, including resentation expenses; and for miscellaneous the United States to foreign countries with rules and procedures relating to the rights and expenses, to be expended as the Chief Justice which the United States has a treaty for the responsibilities of personnel of the Government may approve, $25,834,000. execution of penal sentences, and the com- pensation of attorneys appointed to rep- terminated, transferred, or otherwise affected by CARE OF THE BUILDING AND GROUNDS such the abolishment, reorganization, consolida- resent jurors in civil actions for the protec- For such expenditures as may be necessary tion of their employment, as authorized by tion, or transfer. to enable the Architect of the Capitol to (b) BUY OUT AUTHORITY.— 28 U.S.C. 1875(d), ø$260,000,000¿ $274,433,000, to carry out the duties imposed upon him by remain available until expended as author- (1) IN GENERAL.—The Secretary of Commerce the Act approved May 7, 1934 (40 U.S.C. 13a– may, for such officers and employees as the Sec- ized by 18 U.S.C. 3006A(i): Provided, That 13b), $3,313,000, of which ø$500,000¿ $565,000 none of the funds provided in this Act shall retary considers appropriate as part of the ac- shall remain available until expended. tivities of the Secretary under subsection (a), be available for Death Penalty Resource authorize a payment to officers and employees UNITED STATES COURT OF APPEALS FOR THE Centers or Post-Conviction Defender Organi- who voluntarily separate on or before December FEDERAL CIRCUIT zations after April 1, 1996. 15, 1995, whether by retirement or resignation. SALARIES AND EXPENSES FEES OF JURORS AND COMMISSIONERS (2) PAYMENT REQUIREMENT.—Payment under For salaries of the chief judge, judges, and For fees and expenses of jurors as author- paragraph (1) shall be paid in accordance with other officers and employees, and for nec- ized by 28 U.S.C. 1871 and 1876; compensation the provisions of sections 3 and 4 of the Federal essary expenses of the court, as authorized of jury commissioners as authorized by 28 Workforce Restructuring Act of 1994 (Public by law, ø$14,070,000¿ $14,288,000. U.S.C. 1863; and compensation of commis- Law 103–226; 108 Stat. 111), except that an em- UNITED STATES COURT OF INTERNATIONAL sioners appointed in condemnation cases ployee of the agency shall be deemed to be eligi- TRADE pursuant to rule 71A(h) of the Federal Rules ble for payment of a voluntary separation in- of Civil Procedure (28 U.S.C. Appendix Rule SALARIES AND EXPENSES centive payment under that section if the em- 71A(h)); $59,028,000, to remain available until ployee separates from service with the agency For salaries of the chief judge and eight expended: Provided, That the compensation during the period beginning on the date of en- judges, salaries of the officers and employees of land commissioners shall not exceed the actment of this Act and ending on December 15, of the court, services as authorized by 5 daily equivalent of the highest rate payable 1995. U.S.C. 3109, and necessary expenses of the under section 5332 of title 5, United States (3) FUNDING.— court, as authorized by law, $10,859,000. Code. (A) IN GENERAL.—The payment of voluntary COURTS OF APPEALS, DISTRICT COURTS, AND COURT SECURITY separation incentive payments under this sub- OTHER JUDICIAL SERVICES section shall be made from funds in the Com- For necessary expenses, not otherwise pro- merce Reorganization Transition Fund estab- SALARIES AND EXPENSES vided for, incident to the procurement, in- lished under subsection (c). For the salaries of circuit and district stallation, and maintenance of security (B) PAYMENT DEPENDENT ON FUNDING.—The judges (including judges of the territorial equipment and protective services for the Secretary of Commerce may not pay voluntary courts of the United States), justices and United States Courts in courtrooms and ad- separation incentive payments under this sub- judges retired from office or from regular ac- jacent areas, including building ingress- section unless sufficient funds are available in tive service, judges of the United States egress control, inspection of packages, di- the Commerce Reorganization Fund to cover the Court of Federal Claims, bankruptcy judges, rected security patrols, and other similar ac- cost of such payments and the costs of any magistrate judges, and all other officers and tivities as authorized by section 1010 of the other payments (including payments or deposits employees of the Federal Judiciary not oth- Judicial Improvement and Access to Justice to retirement systems) required in relation to erwise specifically provided for, and nec- Act (Public Law 100–702); ø$109,724,000¿ such payments. essary expenses of the courts, as authorized $102,000,000, to be expended directly or trans- (c) COMMERCE REORGANIZATION TRANSITION by law, ø$2,409,024,000¿ $2,471,195,000 (includ- ferred to the United States Marshals Service FUND.— ing the purchase of firearms and ammuni- which shall be responsible for administering S 14482 CONGRESSIONAL RECORD — SENATE September 28, 1995 elements of the Judicial Security Program TITLE IV—DEPARTMENT OF STATE AND ism, $1,870,000, to remain available until ex- consistent with standards or guidelines RELATED AGENCIES pended. agreed to by the Director of the Administra- DEPARTMENT OF STATE FOREIGN AFFAIRS REORGANIZATION TRANSITION tive Office of the United States Courts and ADMINISTRATION OF FOREIGN AFFAIRS FUND the Attorney General. For deposit in the Foreign Affairs Reorganiza- DIPLOMATIC AND CONSULAR PROGRAMS ADMINISTRATIVE OFFICE OF THE UNITED tion Transition Fund established under section STATES COURTS For necessary expenses of the Department 404(c)(1) of this Act for use in accordance with of State and the Foreign Service not other- section 404(c)(4) of this Act, $26,000,000 to re- SALARIES AND EXPENSES wise provided for, including expenses author- For necessary expenses of the Administra- main available until expended: Provided, That ized by the State Department Basic Authori- of these funds, $3,000,000 shall be remitted to the tive Office of the United States Courts as au- ties Act of 1956, as amended; representation thorized by law, including travel as author- Office of Personnel Management for deposit in to certain international organizations in the Treasury of the United States to the credit ized by 31 U.S.C. 1345, hire of a passenger which the United States participates pursu- motor vehicle as authorized by 31 U.S.C. of the Civil Service Retirement and Disability ant to treaties, ratified pursuant to the ad- Fund: Provided further, That of these funds 1343(b), advertising and rent in the District vice and consent of the Senate, or specific of Columbia and elsewhere, $47,500,000, of $1,000,000 shall be remitted to the Office of Per- Acts of Congress; acquisition by exchange or sonnel Management for deposit in the Treasury which not to exceed $7,500 is authorized for purchase of passenger motor vehicles as au- official reception and representation ex- of the United States to the credit of the Foreign thorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and Service Retirement and Disability Fund. penses. 22 U.S.C. 2674; and for expenses of general ad- CAPITAL INVESTMENT FUND FEDERAL JUDICIAL CENTER ministration ø$1,716,878,000¿ $1,552,165,000: For necessary expenses of the Capital In- SALARIES AND EXPENSES Provided, That starting in fiscal year 1997, a system shall be in place that allocates to vestment Fund, ø$16,400,000¿ $8,200,000, to re- For necessary expenses of the Federal Ju- each department and agency the full cost of main available until expended, as authorized dicial Center, as authorized by Public Law its presence outside of the United States. in Public Law 103–236: Provided, That section 90–219, $18,828,000 $17,000,000; of which ø ¿ Of the funds provided under this heading, 135(e) of Public Law 103–236 shall not apply $1,800,000 shall remain available through Sep- $24,856,000 shall be available only for the Dip- to funds appropriated under this heading. tember 30, 1997, to provide education and lomatic Telecommunications Service for op- training to Federal court personnel; and of OFFICE OF INSPECTOR GENERAL eration of existing base services and not to which not to exceed $1,000 is authorized for For necessary expenses of the Office of In- exceed $17,144,000 shall be available only for official reception and representation ex- spector General in carrying out the provi- the enhancement of the Diplomatic Tele- penses. sions of the Inspector General Act of 1978, as communications Service (DTS), except that amended (5 U.S.C. App.), $27,669,000 JUDICIAL RETIREMENT FUNDS ø ¿ such latter amount shall not be available for $27,350,000: Provided, That notwithstanding PAYMENT TO JUDICIARY TRUST FUNDS obligation until the expiration of the 15-day any other provision of law, (1) the Office of For payment to the Judicial Officers’ Re- period beginning on the date on which the the Inspector General of the United States tirement Fund, as authorized by 28 U.S.C. Secretary of State and the Director of the Information Agency is hereby merged with 377(o), $24,000,000, to the Judicial Survivors’ Diplomatic Telecommunications Service the Office of the Inspector General of the De- Annuities Fund, as authorized by 28 U.S.C. Program Office submit the DTS pilot pro- partment of State; (2) the functions exer- 376(c), $7,000,000, and to the United States gram report required by section 507 of Public cised and assigned to the Office of the In- Court of Federal Claims Judges’ Retirement Law 103–317. spector General of the United States Infor- Fund, as authorized by 28 U.S.C. 178(l), In addition, not to exceed $700,000 in reg- mation Agency before the effective date of $1,900,000. istration fees collected pursuant to section this Act (including all related functions) are 38 of the Arms Export Control Act, as UNITED STATES SENTENCING COMMISSION transferred to the Office of the Inspector amended, may be used in accordance with SALARIES AND EXPENSES General of the Department of State; and (3) section 45 of the State Department Basic Au- the Inspector General of the Department of For the salaries and expenses necessary to thorities Act of 1956, 22 U.S.C. 2717; and in State shall also serve as the Inspector Gen- carry out the provisions of chapter 58 of title addition not to exceed $1,223,000 shall be de- eral of the United States Information Agen- 28, United States Code, ø$8,500,000¿ $7,040,000, rived from fees from other executive agen- cy. of which not to exceed $1,000 is authorized cies for lease or use of facilities located at for official reception and representation ex- the International Center in accordance with REPRESENTATION ALLOWANCES penses. section 4 of the International Center Act For representation allowances as author- GENERAL PROVISIONS—THE JUDICIARY (Public Law 90–553, as amended by section ized by section 905 of the Foreign Service Act 120 of Public Law 101–246); and in addition of 1980, as amended (22 U.S.C. 4085), SEC. 301. Appropriations and authoriza- not to exceed $15,000 which shall be derived ø$4,780,000¿ $4,500,000. tions made in this title which are available from reimbursements, surcharges, and fees for salaries and expenses shall be available PROTECTION OF FOREIGN MISSIONS AND for use of Blair House facilities in accord- for services as authorized by 5 U.S.C. 3109. OFFICIALS ance with section 46 of the State Department SEC. 302. Appropriations made in this title For expenses, not otherwise provided, to shall be available for salaries and expenses of Basic Authorities Act of 1956 (22 U.S.C. enable the Secretary of State to provide for the Special Court established under the Re- 2718(a)). extraordinary protective services in accord- Notwithstanding section 402 of this Act, gional Rail Reorganization Act of 1973, Pub- ance with the provisions of section 214 of the not to exceed 20 percent of the amounts lic Law 93–236. State Department Basic Authorities Act of made available in this Act in the appropria- SEC. 303. Not to exceed 5 percent of any ap- 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, tion accounts, ‘‘Diplomatic and Consular propriation made available for the current $8,579,000. Programs’’ and ‘‘Salaries and Expenses’’ fiscal year for the Judiciary in this Act may under the heading ‘‘Administration of For- ACQUISITION AND MAINTENANCE OF BUILDINGS be transferred between such appropriations, eign Affairs’’ may be transferred between ABROAD but no such appropriation, except as other- such appropriation accounts: Provided, That For necessary expenses for carrying out wise specifically provided, shall be increased any transfer pursuant to this section shall be the Foreign Service Buildings Act of 1926, as by more than 10 percent by any such trans- treated as a reprogramming of funds under amended (22 U.S.C. 292–300), and the Diplo- fers: Provided, That any transfer pursuant to section 605 of this Act and shall not be avail- matic Security Construction Program as au- this section shall be treated as a able for obligation or expenditure except in thorized by title IV of the Omnibus Diplo- reprogramming of funds under section 605 of compliance with the procedures set forth in matic Security and Antiterrorism Act of 1986 this Act and shall not be available for obliga- that section. (22 U.S.C. 4851), ø$391,760,000¿ $369,860,000, to tion or expenditure except in compliance For an additional amount for security en- remain available until expended as author- with the procedures set forth in that section. ø hancement¿ enhancements, to counter the ized by 22 U.S.C. 2696(c): Provided, That none SEC. 304. Notwithstanding any other provi- threat of terrorism, $9,720,000, to remain of the funds appropriated in this paragraph sion of law, the salaries and expenses appro- available until expended. shall be available for acquisition of furniture priation for district courts, courts of ap- and furnishings and generators for other de- peals, and other judicial services shall be SALARIES AND EXPENSES partments and agencies. available for official reception and represen- For expenses necessary for the general ad- tation expenses of the Judicial Conference of ministration of the Department of State and EMERGENCIES IN THE DIPLOMATIC AND the United States: Provided, That such avail- the Foreign Service, provided for by law, in- CONSULAR SERVICE able funds shall not exceed $10,000 and shall cluding expenses authorized by section 9 of For expenses necessary to enable the Sec- be administered by the Director of the Ad- the Act of August 31, 1964, as amended (31 retary of State to meet unforeseen emer- ministrative Office of the United States U.S.C. 3721), and the State Department Basic gencies arising in the Diplomatic and Con- Courts in his capacity as Secretary of the Authorities Act of 1956, as amended, sular Service pursuant to the requirement of Judicial Conference. ø$363,276,000¿ $335,276,000. 31 U.S.C. 3526(e), $6,000,000, to remain avail- This title may be cited as ‘‘The Judiciary For an additional amount for security en- able until expended as authorized by 22 Appropriations Act, 1996’’. hancements to counter the threat of terror- U.S.C. 2696(c), of which not to exceed September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14483 $1,000,000 may be transferred to and merged tees of the Congress are notified of the esti- 246, $10,000,000 to remain available until ex- with the Repatriation Loans Program Ac- mated cost and length of the mission, the pended as authorized by 22 U.S.C. 2696(c).¿ count, subject to the same terms and condi- vital national interest that will be served, GENERAL PROVISIONS—DEPARTMENT OF STATE tions. and the planned exit strategy; and (2) a SEC. 401. Funds appropriated under this REPATRIATION LOANS PROGRAM ACCOUNT reprogramming of funds pursuant to section title shall be available, except as otherwise For the cost of direct loans, $593,000, as au- 605 of this Act is submitted, and the proce- provided, for allowances and differentials as thorized by 22 U.S.C. 2671: Provided, That dures therein followed, setting forth the authorized by subchapter 59 of 5 U.S.C.; for such costs, including the cost of modifying source of funds that will be used to pay for services as authorized by 5 U.S.C. 3109; and such loans, shall be as defined in section 502 the cost of the new or expanded mission: Pro- hire of passenger transportation pursuant to of the Congressional Budget Act of 1974. In vided further, That funds shall be available 31 U.S.C. 1343(b). addition, for administrative expenses nec- for peacekeeping expenses only upon a cer- SEC. 402. Not to exceed 5 percent of any ap- essary to carry out the direct loan program, tification by the Secretary of State to the propriation made available for the current $183,000 which may be transferred to and appropriate committees of the Congress that fiscal year for the Department of State in merged with the Salaries and Expenses ac- American manufacturers and suppliers are this Act may be transferred between such ap- count under Administration of Foreign Af- being given opportunities to provide equip- propriations, but no such appropriation, ex- fairs. ment, services and material for United Na- cept as otherwise specifically provided, shall tions peacekeeping activities equal to those be increased by more than 10 percent by any PAYMENT TO THE AMERICAN INSTITUTE IN being given to foreign manufacturers and such transfers: Provided, That not to exceed TAIWAN suppliers. 5 percent of any appropriation made avail- For necessary expenses to carry out the INTERNATIONAL CONFERENCES AND able for the current fiscal year for the Unit- Taiwan Relations Act, Public Law 96–8 (93 CONTINGENCIES ed States Information Agency in this Act Stat. 14), $15,165,000. For necessary expenses authorized by sec- may be transferred between such appropria- PAYMENT TO THE FOREIGN SERVICE tion 5 of the State Department Basic Au- tions, but no such appropriation, except as RETIREMENT AND DISABILITY FUND thorities Act of 1956, in addition to funds otherwise specifically provided, shall be in- For payment to the Foreign Service Re- otherwise available for these purposes, con- creased by more than 10 percent by any such tirement and Disability Fund, as authorized tributions for the United States share of gen- transfers: Provided further, That any transfer by law, $125,402,000. eral expenses of international organizations pursuant to this section shall be treated as a INTERNATIONAL ORGANIZATIONS AND and conferences and representation to such reprogramming of funds under section 605 of CONFERENCES organizations and conferences as provided this Act and shall not be available for obliga- tion or expenditure except in compliance CONTRIBUTIONS TO INTERNATIONAL for by 22 U.S.C. 2656 and 2672 and personal with the procedures set forth in that section. ORGANIZATIONS services without regard to civil service and SEC. 403. Funds appropriated or otherwise For expenses, not otherwise provided for, classification laws as authorized by 5 U.S.C. 5102, $3,000,000, to remain available until ex- made available under this Act or any other necessary to meet annual obligations of Act may be expended for compensation of membership in international multilateral or- pended as authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be expended the United States Commissioner of the Inter- ganizations, pursuant to treaties ratified national Boundary Commission, United pursuant to the advice and consent of the for representation as authorized by 22 U.S.C. 4085. States and Canada, only for actual hours Senate, conventions or specific Acts of Con- worked by such Commissioner. INTERNATIONAL COMMISSIONS gress, ø$858,000,000¿ $550,000,000: Provided, SEC. 404. CONSOLIDATION OF REDUNDANT FOR- That any payment of arrearages shall be di- For necessary expenses, not otherwise pro- EIGN RELATIONS FUNCTIONS. rected toward special activities that are mu- vided for, to meet obligations of the United (a) CONSOLIDATION OF FUNCTIONS.— tually agreed upon by the United States and States arising under treaties, or specific (1) CONSOLIDATION OF FUNCTIONS OF STATE the respective international organization: Acts of Congress, as follows: DEPARTMENT, USIA, AND ACDA.—Notwithstand- Provided further, That 20 percent of the funds INTERNATIONAL BOUNDARY AND WATER ing any other provision of law, the Director of appropriated in this paragraph for the as- COMMISSION, UNITED STATES AND MEXICO the Office of Management and Budget shall, in sessed contribution of the United States to For necessary expenses for the United consultation with the Secretary of State, the Di- the United Nations shall be withheld from States Section of the International Bound- rector of the United States Information Agency obligation and expenditure until a certifi- ary and Water Commission, United States and the Director of the Arms Control and Disar- cation is made under section 401(b) of Public and Mexico, and to comply with laws appli- mament Agency— Law 103–236 for fiscal year 1996: Provided fur- cable to the United States Section, including (A) identify the functions carried out by the ther, That certification under section 401(b) not to exceed $6,000 for representation; as Department of State, by the United States Infor- of Public Law 103–236 for fiscal year 1996 may follows: mation Agency, and the Arms Control and Dis- only be made if the Committees on Appro- armament Agency that are redundant by reason priations and Foreign Relations of the Sen- SALARIES AND EXPENSES of being carried out, in whole or in part, by two ate and the Committees on Appropriations For salaries and expenses, not otherwise or more of these entities; and and International Relations of the House of provided for, ø$12,358,000¿ $11,500,000. (B) take appropriate actions to eliminate the Representatives are notified of the steps CONSTRUCTION redundancy in such functions. taken, and anticipated, to meet the require- For detailed plan preparation and con- (2) SCOPE OF CONSOLIDATION.—In carrying out ments of section 401(b) of Public Law 103–236 struction of authorized projects, ø$6,644,000¿ the requirements of paragraph (1), the Director at least 15 days in advance of the proposed $8,000,000, to remain available until expended of the Office of Management and Budget may certification: Provided further, That none of as authorized by 22 U.S.C. 2696(c). provide for the discharge of functions of the en- the funds appropriated in this paragraph tities referred to in such paragraph by a single AMERICAN SECTIONS, INTERNATIONAL office within one of the entities. shall be available for a United States con- COMMISSIONS tribution to an international organization (3) ADDITIONAL CONSOLIDATION AUTHORITY.— for the United States share of interest costs For necessary expenses, not otherwise pro- In addition to the actions under paragraphs (1) made known to the United States Govern- vided for the International Joint Commis- and (2), the Director of the Office of Manage- ment by such organization for loans incurred sion and the International Boundary Com- ment and Budget may also carry out such other on or after October 1, 1984, through external mission, United States and Canada, as au- actions to consolidate and reorganize the func- borrowings. thorized by treaties between the United tions of the Department of State, the United States and Canada or Great Britain, and for States Information Agency, and the United CONTRIBUTIONS FOR INTERNATIONAL the Border Environment Cooperation Com- States Arms Control and Disarmament Agency PEACEKEEPING ACTIVITIES mission as authorized by Public Law 103–182; as the Director and the heads of such entities For necessary expenses to pay assessed and ø$5,800,000¿ $5,550,000, of which not to exceed consider appropriate to ensure the effective and other expenses of international peacekeeping $9,000 shall be available for representation efficient discharge of the responsibilities of such activities directed to the maintenance or expenses incurred by the International Joint entities. restoration of international peace and secu- Commission. (4) ACTIONS AUTHORIZED.—The actions that rity, ø$425,000,000¿ $250,000,000: Provided, That INTERNATIONAL FISHERIES COMMISSIONS the Director of the Office of Management and none of the funds made available under this For necessary expenses for international Budget may take under this subsection include Act may be used, and shall not be available, the following: for obligation or expenditure for any new or fisheries commissions, not otherwise pro- vided for, as authorized by law, $14,669,000: (A) The abolishment, reorganization, consoli- expanded United Nations peacekeeping mis- dation, or transfer of functions (in whole or in sion unless, at least fifteen days in advance Provided, That the United States’ share of such expenses may be advanced to the re- part). of voting for the new or expanded mission in (B) The termination or transfer of the person- spective commissions, pursuant to 31 U.S.C. the United Nations Security Council (or in nel associated with functions so abolished, reor- 3324. an emergency, as far in advance as is prac- ganized, consolidated, or transferred. ticable), (1) the Committees on Appropria- øPAYMENT TO THE ASIA FOUNDATION (5) TRANSITION RULES.—The Director of the tions of the House of Representatives and øFor a grant to the Asia Foundation, as Office of Management and Budget shall estab- the Senate and other appropriate Commit- authorized by section 501 of Public Law 101– lish such rules and procedures relating to the S 14484 CONGRESSIONAL RECORD — SENATE September 28, 1995 consolidation of foreign relations functions (A) the expenditures from the account estab- ized by sections 4 and 5 of the Eisenhower under this subsection as the Director considers lished under this subsection; and Exchange Fellowship Act of 1990 (20 U.S.C. appropriate, including rules and procedures re- (B) in the event of any transfer of funds to 5204–05), all interest and earnings accruing to lating to the rights and responsibilities of per- the Department of State under paragraph (5), the Eisenhower Exchange Fellowship Pro- sonnel of the Government terminated, trans- the functions for which the funds so transferred gram Trust Fund on or before September 30, ferred, or otherwise affected by actions to carry are to be expended. 1996, to remain available until expended: Pro- out the consolidation. RELATED AGENCIES vided, That none of the funds appropriated (b) VOLUNTARY SEPARATION INCENTIVES.— herein shall be used to pay any salary or (1) AUTHORITY TO PAY INCENTIVES.—The head ARMS CONTROL AND DISARMAMENT AGENCY other compensation, or to enter into any of an agency referred to in paragraph (2) may ARMS CONTROL AND DISARMAMENT ACTIVITIES contract providing for the payment thereof, pay voluntary incentive payments to employees For necessary expenses not otherwise pro- in excess of the rate authorized by 5 U.S.C. of the agency in order to avoid or minimize the vided, for arms control, nonproliferation, 5376; or for purposes which are not in accord- need for involuntary separations from the agen- and disarmament activities, ø$40,000,000¿ ance with OMB Circulars A–110 (Uniform Ad- cy as a result of the consolidation of foreign re- $22,700,000, of which not to exceed $50,000 ministrative Requirements) and A–122 (Cost lations functions under subsection (a). shall be for official reception and representa- Principles for Non-profit Organizations), in- (2) COVERED AGENCIES.—Paragraph (1) applies tion expenses as authorized by the Act of cluding the restrictions on compensation for to the following agencies: September 26, 1961, as amended (22 U.S.C. personal services. (A) The Department of State. 2551 et seq.). ISRAELI ARAB SCHOLARSHIP PROGRAM (B) The United States Information Agency. (C) The United States Arms Control and Dis- UNITED STATES INFORMATION AGENCY For necessary expenses of the Israeli Arab Scholarship Program as authorized by sec- armament Agency. SALARIES AND EXPENSES tion 214 of the Foreign Relations Authoriza- (3) PAYMENT REQUIREMENTS.— For expenses, not otherwise provided for, (A) IN GENERAL.—The head of an agency re- tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. necessary to enable the United States Infor- ferred to in paragraph (2) shall pay voluntary 2452), all interest and earnings accruing to mation Agency, as authorized by the Mutual separation incentive payments under this sub- the Israeli Arab Scholarship Fund on or be- Educational and Cultural Exchange Act of section in accordance with the provisions of sec- fore September 30, 1996, to remain available 1961, as amended (22 U.S.C. 2451 et seq.), the tions 3 and 4 of the Federal Workforce Restruc- until expended. United States Information and Educational turing Act of 1994 (Public Law 103–226; 108 Stat. AMERICAN STUDIES COLLECTIONS ENDOWMENT Exchange Act of 1948, as amended (22 U.S.C. 111), except that an employee of the agency FUND 1431 et seq.) and Reorganization Plan No. 2 of shall be deemed to be eligible for payment of a For necessary expenses of American Stud- 1977 (91 Stat. 1636), to carry out international voluntary separation incentive payment under ies Collections as authorized by section 235 communication, educational and cultural ac- that section if the employee separates from serv- of the Foreign Relations Authorization Act, tivities; and to carry out related activities ice with the agency during the period beginning Fiscal Years 1994 and 1995, all interest and authorized by law, including employment, on the date of enactment of this Act and ending earnings accruing to the American Studies without regard to civil service and classifica- on December 15, 1995. Collections Endowment Fund on or before tion laws, of persons on a temporary basis (B) SUBSEQUENT EMPLOYMENT WITH GOVERN- September 30, 1996, to remain available until (not to exceed $700,000 of this appropriation), MENT.—The provisions of subsection (d) of such expended. as authorized by 22 U.S.C. 1471, and enter- section 3 shall apply to any employee who is tainment, including official receptions, with- INTERNATIONAL BROADCASTING OPERATIONS paid a voluntary separation incentive payment in the United States, not to exceed $25,000 as For expenses necessary to enable the Unit- under this subsection. authorized by 22 U.S.C. 1474(3); $445,645,000 ed States Information Agency, as authorized (4) FUNDING.— ø ¿ $420,000,000: Provided, That not to exceed by the United States Information and Edu- (A) IN GENERAL.—The payment of voluntary cational Exchange Act of 1948, as amended, separation incentive payments under this sub- $1,400,000 may be used for representation abroad as authorized by 22 U.S.C. 1452 and øthe Radio Broadcasting to Cuba Act, as section shall be made from funds in the Foreign amended, the Television Broadcasting to Affairs Reorganization Transition Fund estab- 4085: Provided further, That not to exceed $7,615,000 to remain available until expended, Cuba Act,¿ the United States International lished under subsection (c). Broadcasting Act of 1994, as amended, and (B) EXERCISE OF AUTHORITY DEPENDENT ON may be credited to this appropriation from Reorganization Plan No. 2 of 1977, to carry FUNDING.—The head of an agency may not pay fees or other payments received from or in out international communication activities; voluntary separation incentive payments under connection with English teaching, library, ø$341,000,000¿ $330,191,000, of which $5,000,000 this subsection unless sufficient funds are avail- motion pictures, and publication programs as authorized by section 810 of the United shall remain available until expended, not to able in the Foreign Affairs Reorganization Fund exceed $16,000 may be used for official recep- to cover the cost of such payments and the costs States Information and Educational Ex- change Act of 1948, as amended: Provided fur- tions within the United States as authorized of any other payments (including payments or by 22 U.S.C. 1474(3), not to exceed $35,000 may deposits to retirement systems) required in rela- ther, That not to exceed $1,700,000 to remain available until expended may be used to be used for representation abroad as author- tion to such payments. ized by 22 U.S.C. 1452 and 4085, and not to ex- carry out projects involving security con- (5) TERMINATION OF AUTHORITY.—The author- ceed $39,000 may be used for official recep- struction and related improvements for ity of the head of an agency to authorize pay- tion and representation expenses of Radio agency facilities not physically located to- ment of voluntary separation incentive pay- Free Europe/Radio Liberty; and in addition, gether with Department of State facilities ments under this subsection shall expire on De- not to exceed $250,000 from fees as authorized abroad. cember 15, 1995. by section 810 of the United States Informa- (c) FOREIGN AFFAIRS REORGANIZATION TRAN- TECHNOLOGY FUND tion and Educational Exchange Act of 1948, SITION FUND.— For expenses necessary to enable the Unit- as amended, to remain available until ex- (1) ESTABLISHMENT.—There is hereby estab- ed States Information Agency to provide for pended for carrying out authorized lished on the books of the Treasury an account the procurement of information technology purposesø: Provided, That funds provided for to be known as the ‘‘Foreign Affairs Reorga- improvements, as authorized by the United broadcasting to Cuba may be used for the nization Transition Fund’’. States Information and Educational Ex- purchase, rent, construction, and improve- (2) PURPOSE.—The purpose of the account is to provide funds for the following: change Act of 1948, as amended (22 U.S.C. 1431 ment of facilities for radio and television (A) To cover the costs of actions relating to et seq.), the Mutual Educational and Cul- transmission and reception, and purchase the consolidation of redundant foreign relations tural Exchange Act of 1961, as amended (22 and installation of necessary equipment for functions that are taken under subsection (a). U.S.C. 2451 et seq.), and Reorganization Plan radio and television transmission and recep- (B) To the cover the costs to the Government No. 2 of 1977 (91 Stat. 1636), ø$5,050,000¿ tion¿. of the payment of voluntary separation incen- $3,050,000, to remain available until ex- BROADCASTING TO CUBA tive payments under subsection (b), including pended. For expenses necessary to enable the United any payments or deposits to retirement systems EDUCATIONAL AND CULTURAL EXCHANGE States Information Agency to carry out the required in relation to such payment. PROGRAMS Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, and (3) DEPOSITS.—There shall be deposited into For expenses of educational and cultural the International Broadcasting Act of 1994, in- the account such sums as may be appropriated exchange programs, as authorized by the Mu- cluding the purchase, rent, construction, and to the account. tual Educational and Cultural Exchange Act improvement of facilities for radio and television (4) USE OF FUNDS.—Sums in the account shall of 1961, as amended (22 U.S.C. 2451 et seq.), transmission and reception, and purchase and remain available until expended for the purpose and Reorganization Plan No. 2 of 1977 (91 set forth in paragraph (2). installation of necessary equipment for radio Stat. 1636), ø$192,090,000¿ $190,000,000, to re- (5) REPORT ON ACCOUNT.—Not later than No- and television transmission and reception, main available until expended as authorized vember 15, 1996, the Secretary of State shall $24,809,000 to remain available until expended: by 22 U.S.C. 2455. transmit to the Committees on Appropriations Provided, That funds may be used to purchase and Foreign Relations of the Senate and the EISENHOWER EXCHANGE FELLOWSHIP PROGRAM or lease, maintain, and operate such aircraft Committees on Appropriations and Inter- TRUST FUND (including aerostats) as may be required to national Relations of the House of Representa- For necessary expenses of Eisenhower Ex- house and operate necessary television broad- tives a report containing an accounting of— change Fellowships, Incorporated as author- casting equipment. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14485

RADIO CONSTRUCTION is to be guaranteed, not to exceed ing services as authorized by 5 U.S.C. 3109; For an additional amount for the purchase, $1,000,000,000. hire of passenger motor vehicles as author- rent, construction, and improvement of fa- øIn addition, for¿ For administrative ex- ized by 31 U.S.C. 1343(b); nonmonetary cilities for radio transmission and reception penses to carry out the guaranteed loan pro- awards to private citizens; not to exceed and purchase and installation of necessary gram, not to exceed ø$4,000,000¿ $2,000,000, $26,500,000, for payments to State and local equipment for radio and television trans- which shall be transferred to and merged enforcement agencies for services to the mission and reception as authorized by 22 with the appropriation for Operations and Commission pursuant to title VII of the Civil U.S.C. 1471, ø$70,164,000¿ $40,000,000, to remain Training. Rights Act of 1964, as amended, sections 6 available until expended as authorized by 22 ADMINISTRATIVE PROVISIONS—MARITIME and 14 of the Age Discrimination in Employ- U.S.C. 1477b(a). ADMINISTRATION ment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991; EAST-WEST CENTER Notwithstanding any other provision of $233,000,000: Provided, That the Commission is To enable the Director of the United States this Act, the Maritime Administration is au- authorized to make available for official re- Information Agency to provide for carrying out thorized to furnish utilities and services and ception and representation expenses not to the provisions of the Center for Cultural and make necessary repairs in connection with exceed $2,500 from available funds. Technical Interchange Between East and West any lease, contract, or occupancy involving Act of 1960 (22 U.S.C. 2054–2057), by grant to the Government property under control of the FEDERAL COMMUNICATIONS COMMISSION Center for Cultural and Technical Interchange Maritime Administration, and payments re- Between East and West in the State of Hawaii, ceived therefor shall be credited to the ap- SALARIES AND EXPENSES $10,000,000: Provided, That none of the funds propriation charged with the cost thereof: For necessary expenses of the Federal appropriated herein shall be used to pay any Provided, That rental payments under any Communications Commission, as authorized salary, or enter into any contract providing for such lease, contract, or occupancy for items by law, including uniforms and allowances the payment thereof, in excess of the rate au- other than such utilities, services, or repairs therefor, as authorized by 5 U.S.C. 5901–02; thorized by 5 U.S.C. 5376. shall be covered into the Treasury as mis- not to exceed $600,000 for land and structures; NORTH/SOUTH CENTER cellaneous receipts. not to exceed $500,000 for improvement and To enable the Director of the United States No obligations shall be incurred during the care of grounds and repair to buildings; not Information Agency to provide for carrying out current fiscal year from the construction to exceed $4,000 for official reception and rep- the provisions of the North/South Center Act of fund established by the Merchant Marine resentation expenses; purchase (not to ex- 1991 (22 U.S.C. 2075), by grant to an educational Act, 1936, or otherwise, in excess of the ap- ceed sixteen) and hire of motor vehicles; spe- institution in Florida known as the North/South propriations and limitations contained in cial counsel fees; and services as authorized Center, $1,000,000, to remain available until ex- this Act or in any prior appropriation Act, by 5 U.S.C. 3109; ø$185,232,000¿ $166,185,000, of pended. and all receipts which otherwise would be de- which not to exceed $300,000 shall remain NATIONAL ENDOWMENT FOR DEMOCRACY posited to the credit of said fund shall be available until September 30, 1997, for re- covered into the Treasury as miscellaneous For grants made by the United States In- search and policy studies: Provided, That receipts. formation Agency to the National Endow- $116,400,000 of offsetting collections shall be ment for Democracy as authorized by the COMMISSION FOR THE PRESERVATION OF assessed and collected pursuant to section 9 National Endowment for Democracy Act, AMERICA’S HERITAGE ABROAD of title I of the Communications Act of 1934, $30,000,000, to remain available until ex- SALARIES AND EXPENSES as amended, and shall be retained and used for necessary expenses in this appropriation, pended. For expenses for the Commission for the and shall remain available until expended: This title may be cited as the ‘‘Department Preservation of America’s Heritage Abroad, Provided further, That the sum herein appro- of State and Related Agencies Appropria- $206,000, as authorized by Public Law 99–83, priated shall be reduced as such offsetting tions Act, 1996’’. section 1303. collections are received during fiscal year TITLE V—RELATED AGENCIES COMMISSION ON CIVIL RIGHTS 1996 so as to result in a final fiscal year 1996 DEPARTMENT OF TRANSPORTATION SALARIES AND EXPENSES appropriation estimated at ø$68,832,000¿ MARITIME ADMINISTRATION For necessary expenses of the Commission $49,785,000: Provided further, That any offset- OPERATING-DIFFERENTIAL SUBSIDIES on Civil Rights, including hire of passenger ting collections received in excess of (LIQUIDATION OF CONTRACT AUTHORITY) motor vehicles, ø$8,500,000¿ $9,000,000: Pro- $116,400,000 in fiscal year 1996 shall remain vided, That not to exceed $50,000 may be used available until expended, but shall not be For the payment of obligations incurred available for obligation until October 1, 1996. for operating-differential subsidies as au- to employ consultants: Provided further, That thorized by the Merchant Marine Act, 1936, none of the funds appropriated in this para- FEDERAL MARITIME COMMISSION as amended, $162,610,000, to remain available graph shall be used to employ in excess of until expended. four full-time individuals under Schedule C SALARIES AND EXPENSES of the Excepted Service exclusive of one spe- For necessary expenses of the Federal Mar- OPERATIONS AND TRAINING cial assistant for each Commissioner: Pro- itime Commission as authorized by section For necessary expenses of operations and vided further, That none of the funds appro- 201(d) of the Merchant Marine Act of 1936, as training activities authorized by law, priated in this paragraph shall be used to re- amended (46 App. U.S.C. 1111), including serv- ø$64,600,000¿ $68,600,000, to remain available imburse Commissioners for more than 75 ices as authorized by 5 U.S.C. 3109; hire of until expended: Provided, That notwithstand- billable days, with the exception of the passenger motor vehicles as authorized by 31 ing any other provision of law, the Secretary Chairperson who is permitted 125 billable U.S.C. 1343(b); and uniforms or allowances of Transportation may use proceeds derived days. from the sale or disposal of National Defense therefor, as authorized by 5 U.S.C. 5901–02; COMMISSION ON IMMIGRATION REFORM Reserve Fleet vessels that are currently col- ø$15,000,000¿ $14,855,000: Provided, That not to lected and retained by the Maritime Admin- SALARIES AND EXPENSES exceed $2,000 shall be available for official re- istration, to be used for facility and ship For necessary expenses of the Commission ception and representation expenses. maintenance, modernization and repair, con- on Immigration Reform pursuant to section FEDERAL TRADE COMMISSION version, acquisition of equipment, and fuel 141(f) of the Immigration Act of 1990, costs necessary to maintain training at the ø$2,377,000¿ $1,894,000, to remain available SALARIES AND EXPENSES United States Merchant Marine Academy until expended. For necessary expenses of the Federal and State maritime academies: Provided fur- COMMISSION ON SECURITY AND COOPERATION IN Trade Commission, including uniforms or al- ther, That reimbursements may be made to EUROPE lowances therefor, as authorized by 5 U.S.C. this appropriation from receipts to the ‘‘Fed- SALARIES AND EXPENSES 5901–5902; services as authorized by 5 U.S.C. eral Ship Financing Fund’’ for administra- 3109; hire of passenger motor vehicles; and tive expenses in support of that program in For necessary expenses of the Commission not to exceed $2,000 for official reception and addition to any amount heretofore appro- on Security and Cooperation in Europe, as representation expenses; ø$82,928,000¿ priated. authorized by Public Law 94–304, $1,090,000, to remain available until expended as author- $63,142,000: Provided, That not to exceed MARITIME GUARANTEED LOAN (TITLE XI) ized by section 3 of Public Law 99–7. $3,000,000 shall be available for use to contract PROGRAM ACCOUNT with a person or persons for collection services EQUAL EMPLOYMENT OPPORTUNITY øFor the cost of guaranteed loans, as au- in accordance with the terms of 31 U.S.C. 3718, COMMISSION thorized by the Merchant Marine Act of 1936, as amended: Provided further, That notwith- $48,000,000, to remain available until ex- SALARIES AND EXPENSES standing any other provision of law, not to pended: Provided, That such costs, including For necessary expenses of the Equal Em- exceed $48,262,000 of offsetting collections de- the cost of modifying such loans, shall be as ployment Opportunity Commission as au- rived from fees collected for premerger noti- defined in section 502 of the Congressional thorized by title VII of the Civil Rights Act fication filings under the Hart-Scott-Rodino Budget Act of 1974, as amended: Provided fur- of 1964, as amended (29 U.S.C. 206(d) and 621– Antitrust Improvements Act of 1976 (15 ther, That these funds are available to sub- 634), the Americans with Disabilities Act of U.S.C. 18(a)) shall be retained and used for sidize total loan principal, any part of which 1990, and the Civil Rights Act of 1991, includ- necessary expenses in this appropriation, and S 14486 CONGRESSIONAL RECORD — SENATE September 28, 1995 shall remain available until expended: Pro- ble clients, the majority of the board of di- involve the issuance, amendment, or revoca- vided further, That the sum herein appro- rectors or other governing body of which is tion of any agency promulgation described in priated from the General Fund shall be re- comprised of attorneys who are admitted to paragraph (2); duced as such offsetting collections are re- practice in one of the States or the District ø(4) that attempts to influence the passage ceived during fiscal year 1996, so as to result of Columbia and who are appointed to terms or defeat of any legislation, constitutional in a final fiscal year 1996 appropriation from of office on such board or body by the gov- amendment, referendum, initiative, or any the General Fund estimated at not more erning bodies of State, county, or municipal similar procedure of the Congress of the than ø$34,666,000¿ $14,880,000, to remain avail- bar associations the membership of which United States, or by any State or local legis- able until expended: Provided further, That represents a majority of the attorneys prac- lative body; any fees received in excess of $48,262,000 in ticing law in the locality in which the orga- ø(5) that attempts to influence the conduct fiscal year 1996 shall remain available until nization is to provide legal assistance; of oversight proceedings of the Corporation expended, but shall not be available for obli- ø(3) a State or local government (without or any person or entity receiving financial gation until October 1, 1996: Provided further, regard to section 1006(a)(1)(A)(ii) of the Legal assistance provided by the Corporation; That none of the funds made available to the Services Corporation Act); or ø(6) that pays for any personal service, ad- Federal Trade Commission shall be available ø(4) a substate regional planning or coordi- vertisement, telegram, telephone commu- for obligation for expenses authorized by sec- nation agency which is composed of a sub- nication, letter, printed or written matter, tion 151 of the Federal Deposit Insurance state area whose governing board is con- administrative expenses, or related expenses, Corporation Improvement Act of 1991 (Public trolled by locally elected officials. associated with an activity prohibited in Law 102–242, 105 Stat. 2282–2285). øSEC. 503. None of the funds appropriated paragraph (1), (2), (3), (4), or (5); JAPAN-UNITED STATES FRIENDSHIP in this Act to the Legal Services Corporation ø(7) that brings a class action suit against COMMISSION for grants or contracts to basic field pro- the Federal Government or any State or JAPAN-UNITED STATES FRIENDSHIP TRUST FUND grams may be obligated unless such grants local government; or contracts are awarded on a competitive (8) that files a complaint or otherwise For expenses of the Japan-United States ø basis: Provided, That not later than sixty pursues litigation against a defendant, or en- Friendship Commission as authorized by days after enactment of this Act, the Legal gages in precomplaint settlement negotia- Public Law 94–118, as amended, from the in- Services Corporation shall promulgate regu- tions with a prospective defendant, unless— terest earned on the Japan-United States lations to implement a competitive selection (A) all plaintiffs have been specifically Friendship Trust Fund, $1,247,000; and an ø process: Provided further, That such regula- identified, by name, in any complaint filed amount of Japanese currency not to exceed tions shall include, but not be limited to, the for purposes of litigation; and the equivalent of $1,420,000 based on ex- following selection criteria: (B) a statement or statements of facts change rates at the time of payment of such ø (1) The demonstration of a full under- written in English and, if necessary, in a lan- amounts as authorized by Public Law 94–118. ø standing of the basic legal needs of the eligi- guage which the plaintiffs understand, which øLEGAL SERVICES CORPORATION ble clients to be served and a demonstration enumerate the particular facts known to the øPAYMENT TO THE LEGAL SERVICES of the capability of serving those needs. plaintiffs on which the complaint is based, CORPORATION ø(2) The quality, feasibility, and cost effec- have been signed by the plaintiffs (including øFor payment to the Legal Services Cor- tiveness of plans submitted by the applicant named plaintiffs in a class action), are kept poration to carry out the purposes of the for the delivery of legal assistance to the eli- on file by the person or entity provided fi- Legal Services Corporation Act of 1974, as gible clients to be served. nancial assistance by the Corporation, and amended, $278,000,000 of which $265,000,000 is ø(3) The experiences of the Corporation are made available to any Federal depart- for basic field programs; $8,000,000 is for the with the applicant, if the applicant has pre- ment or agency that is auditing the activi- Office of the Inspector General, of which viously received financial assistance from ties of the Corporation or of any recipient, $5,750,000 shall be used to contract with inde- the Corporation, including the applicant’s and to any auditor receiving Federal funds pendent auditing agencies for annual finan- record of past compliance with Corporation to conduct such auditing, including any cial and program audits of all grantees in ac- policies, practices, and restrictions: auditor or monitor of the Corporation: cordance with Office of Management and Provided further, That, such regulations shall Provided, That upon establishment of reason- Budget Circular A–133; and $5,000,000 is for ensure that timely notice for the submission able cause that an injunction is necessary to management and administration. of applications for awards is published in prevent probable, serious harm to such po- øADMINISTRATIVE PROVISIONS—LEGAL periodicals of local and State bar associa- tential plaintiff, a court of competent juris- SERVICES CORPORATION tions and in at least one daily newspaper of diction may enjoin the disclosure of the øSEC. 501. Funds appropriated under this general circulation in the area to be served identity of any potential plaintiff pending Act to the Legal Services Corporation shall by the person or entity receiving the award: the outcome of such litigation or negotia- be distributed as follows: Provided further, No person or entity that tions after notice and an opportunity for a ø(1) The Corporation shall define geo- was previously awarded a grant or contract hearing is provided to potential parties to graphic areas and funds available for each by the Legal Services Corporation for the the litigation or the negotiations: Provided geographic area shall be on a per capita basis provision of legal assistance may be given further, That other parties shall have access pursuant to the number of poor people deter- any preference in the competitive selection to the statement of facts referred to in sub- mined by the Bureau of the Census to be process: Provided further, That for the pur- paragraph (B) only through the discovery within that geographic area: Provided, That poses of the funding provided in this Act, process after litigation has begun; funds for a geographic area may be distrib- rights under sections 1007(a)(9) and 1011 of ø(9) unless, after January 1, 1996, and prior uted by the Corporation to one or more per- the Legal Services Corporation Act (42 to the provision of financial assistance— sons or entities eligible for funding under U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall ø(A) the governing board of a person or en- section 1006(a)(1)(A) of the Legal Services not apply. tity receiving financial assistance provided Corporation Act, subject to sections 502 and øSEC. 504. None of the funds appropriated by the Legal Services Corporation has set 504 of this Act. in this Act to the Legal Services Corporation specific priorities in writing, pursuant to ø(2) The amount of the grants from the may be used to provide financial assistance section 1007(a)(2)(C)(i) of the Legal Services Corporation and of the contracts entered to any person or entity— Corporation Act, of the types of matters and into by the Corporation in accordance with ø(1) that makes available any funds, per- cases to which the staff of the nonprofit or- paragraph (1) shall be an equal figure per sonnel, or equipment for use in advocating or ganization shall devote its time and re- poor person for all geographic areas, based opposing any plan or proposal, or represents sources; and on the most recent decennial census of popu- any party or participates in any other way in ø(B) the staff of such person or entity re- lation conducted pursuant to section 141 of litigation, that is intended to or has the ef- ceiving financial assistance provided by the title 13, United States Code. fect of altering, revising, or reapportioning a Legal Services Corporation has signed a øSEC. 502. None of the funds appropriated legislative, judicial, or elective district at written agreement not to undertake cases or in this Act to the Legal Services Corporation any level of government, including influenc- matters other than in accordance with the shall be used by the Corporation in making ing the timing or manner of the taking of a specific priorities set by such governing grants or entering into contracts for the pro- census; board, except in emergency situations de- vision of legal assistance unless the Corpora- ø(2) that attempts to influence the issu- fined by such board and in accordance with tion ensures that the person or entity receiv- ance, amendment, or revocation of any exec- such board’s written procedures for such sit- ing funding to provide such legal assistance utive order, regulation, or similar promulga- uations: is— tion by any Federal, State, or local agency; Provided, That the staff of such person or en- ø(1) a private attorney or attorneys admit- ø(3) that attempts to influence any deci- tity receiving financial assistance provided ted to practice in one of the States or the sion by a Federal, State, or local agency, ex- by the Legal Services Corporation shall pro- District of Columbia; cept when legal assistance is provided by an vide to their respective governing board on a ø(2) a qualified nonprofit organization employee of a grantee to an eligible client on quarterly basis, and to the Corporation on an chartered under the laws of one of the States a particular application, claim, or case, annual basis, all cases undertaken other or the District of Columbia, a purpose of which directly involves the client’s legal than those in accordance with such prior- which is furnishing legal assistance to eligi- rights or responsibilities, and which does not ities: Provided further, That not later than 30 September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14487 days after enactment of this Act, the Cor- client by an attorney in private practice legislation, funding provided in this Act poration shall promulgate a suggested list of may reasonably be expected to result in a fee shall from that date be subject to the provi- priorities which boards of directors may use for legal services from an award to a client sions of that legislation and any provisions in setting priorities under this paragraph; from public funds, from the opposing party, in this Act that are inconsistent with that ø(10) unless, prior to receiving financial as- or from any other source; legislation shall no longer have effect.¿ sistance provided by the Legal Services Cor- ø(14) that claims, or whose employees or MARINE MAMMAL COMMISSION poration, such person or entity agrees to clients claim, or collect attorneys’ fees from SALARIES AND EXPENSES nongovernmental parties to litigation initi- maintain records of time spent on each case For necessary expenses of the Marine ated by such client with the assistance of or matter with respect to which that person Mammal Commission as authorized by title such recipient or its employees; or entity is engaged in activities: Provided, II of Public Law 92–522, as amended, (15) that participates in any litigation That any non-Federal funds received by any ø $1,000,000. person or entity provided financial assist- with respect to abortion; MARTIN LUTHER KING, JR. FEDERAL HOLIDAY ance by the Corporation shall be accounted ø(16) that participates in any litigation on COMMISSION for and reported as receipts and disburse- behalf of a local, State, or Federal prisoner; ments separate and distinct from Corpora- ø(17) that provides legal representation for SALARIES AND EXPENSES tion funds: Provided further, That such person any person, or participates in any other way, For necessary expenses of the Martin Lu- or entity receiving financial assistance pro- in litigation, lobbying, or rulemaking in- ther King, Jr. Federal Holiday Commission, vided by the Corporation agrees (notwith- volving efforts to reform a State or Federal as authorized by Public Law 98–399, as standing section 1009(d) of the Legal Services welfare system, except that this paragraph amended, ø$250,000¿ $350,000. Corporation Act) to make such records de- shall not preclude a recipient from rep- SECURITIES AND EXCHANGE COMMISSION scribed in this paragraph available to any resenting an individual client who is seeking SALARIES AND EXPENSES specific relief from a welfare agency where Federal department, or agency or independ- For necessary expenses for the Securities such relief does not involve an effort to ent auditor receiving Federal funds to con- and Exchange Commission, including serv- amend or otherwise challenge existing law; duct an audit of the activities of the Cor- ices as authorized by 5 U.S.C. 3109, the rental (18) that defends a person in a proceeding poration or recipient receiving funding under ø of space (to include multiple year leases) in to evict that person from a public housing this Act; the District of Columbia and elsewhere, and project if that person has been charged with ø(11) that provides legal assistance for or not to exceed $3,000 for official reception and the illegal sale or distribution of a con- on behalf of any alien, unless the alien is representation expenses, ø$103,445,000¿ trolled substance and if the eviction proceed- present in the United States and is— $105,257,000, of which $3,600,000 are for the Of- ing is brought by a public housing agency be- ø(A) an alien lawfully admitted for perma- fice of Economic Analysis, to be headed by the cause the illegal drug activity of that person nent residence as defined in section 101(a)(20) Chief Economist of the Commission, and of threatens the health or safety of other ten- of the Immigration and Nationality Act (8 which not to exceed $10,000 may be used to- ants residing in the public housing project or U.S.C. 1101(a)(20)); ward funding a permanent secretariat for the employees of the public housing agency: Pro- ø(B) an alien who is either married to a International Organization of Securities vided, That for the purposes of this para- United States citizen or is a parent or an un- Commissions, and of which not to exceed graph, the term ‘‘controlled substance’’ has married child under the age of twenty-one $100,000 shall be available for expenses for the meaning given that term in section 102 of years of such a citizen and who has filed an consultations and meetings hosted by the the Controlled Substances Act (21 U.S.C. application for adjustment of status to per- Commission with foreign governmental and 802): Provided further, That for the purposes manent resident under the Immigration and other regulatory officials, members of their of this paragraph, the terms ‘‘public housing Nationality Act, and such application has delegations, appropriate representatives and project’’ and ‘‘public housing agency’’ have not been rejected; staff to exchange views concerning develop- the meanings given those terms in section 3 ø(C) an alien who is lawfully present in the ments relating to securities matters, devel- of the United States Housing Act of 1937 (42 United States pursuant to an admission opment and implementation of cooperation U.S.C. 1437a); under section 207 of the Immigration and Na- agreements concerning securities matters (19) unless such person or entity agrees tionality Act (8 U.S.C. 1157, relating to refu- ø and provision of technical assistance for the that it and its employees will not accept em- gee admission) or who has been granted asy- development of foreign securities markets, ployment resulting from in-person unsolic- lum by the Attorney General under such Act; such expenses to include necessary logistic ited advice to a nonattorney that such ø(D) an alien who is lawfully present in the and administrative expenses and the ex- nonattorney should obtain counsel or take United States as a result of the Attorney penses of Commission staff and foreign legal action: Provided, That such person or General’s withholding of deportation pursu- invitees in attendance at such consultations entity or its employees receiving financial ant to section 243(h) of the Immigration and and meetings including: (i) such incidental assistance provided by the Corporation shall Nationality Act (8 U.S.C. 1253(h)); or expenses as meals taken in the course of also agree that such person or entity will not ø(E) an alien to whom section 305 of the such attendance, (ii) any travel or transpor- refer such nonattorney to another person or Immigration Reform and Control Act of 1986 tation to or from such meetings, and (iii) entity or its employees that are receiving fi- applies but only to the extent that the legal any other related lodging or subsistence: nancial assistance provided by the Legal assistance provided is that described in such Provided, That immediately upon enactment Services Corporation; or section: of this Act, the rate of fees under section 6(b) ø(20) unless such person or entity enters of the Securities Act of 1933 (15 U.S.C. 77f(b)) Provided, That an alien who is lawfully into a contractual agreement to be subject shall increase from one-fiftieth of 1 per cen- present in the United States as a result of to all provisions of Federal law relating to tum to one twenty-ninth thirty-fourth of 1 being granted conditional entry pursuant to ø ¿ the proper use of Federal funds, the violation per centum and such increase shall be depos- section 203(a)(7) of the Immigration and Na- of which shall render any grant or contrac- ited as an offsetting collection to this appro- tionality Act (8 U.S.C. 1153(a)(7)) before April tual agreement to provide funding null and priation, to remain available until expended, 1, 1980, because of persecution or fear of per- void: Provided, That for such purposes the to recover costs of services of the securities secution on account of race, religion, or po- Corporation shall be considered to be a Fed- registration process: Provided further, That litical calamity shall be deemed, for pur- eral agency and all funds provided by the no funds may be used for the Office of Investor poses of this section, to be an alien described Corporation shall be considered to be Fed- Education and Assistance, and that $1,500,000 in subparagraph (C); eral funds provided by grant or contract. of the funds appropriated for the Commission ø(12) that supports or conducts training øSEC. 505. None of the funds appropriated shall be available for the enforcement of the In- programs for the purpose of advocating par- in this Act to the Legal Services Corporation vestment Advisers Act of 1940 in addition to any ticular public policies or encouraging politi- or provided by the Corporation to any entity other appropriated funds designated by the cal activities, labor or anti-labor activities, or person may be used to pay membership Commission for enforcement of such Act. boycotts, picketing, strikes, and demonstra- dues to any private or non-profit organiza- SMALL BUSINESS ADMINISTRATION tions, including the dissemination of infor- tion. mation about such policies or activities, ex- øSEC. 506. None of the funds appropriated SALARIES AND EXPENSES cept that this paragraph shall not be con- in this Act to the Legal Services Corporation For necessary expenses, not otherwise pro- strued to prohibit the training of attorneys may be used by any person or entity receiv- vided for, of the Small Business Administra- or paralegal personnel to prepare them to ing financial assistance from the Corpora- tion as authorized by Public Law 103–403, in- provide adequate legal assistance to eligible tion to file or pursue a lawsuit against the cluding hire of passenger motor vehicles as clients or to advise any eligible client as to Corporation. authorized by 31 U.S.C. 1343 and 1344, and not the nature of the legislative process or in- øSEC. 507. None of the funds appropriated to exceed $3,500 for official reception and rep- form any eligible client of his or her rights in this Act to the Legal Services Corporation resentation expenses, ø$222,325,000¿ under statute, order, or regulation; may be used for any purpose prohibited or $197,903,000: Provided further, That the Ad- ø(13) that provides legal assistance with re- contrary to any of the provisions of author- ministrator is authorized to charge fees to spect to any fee-generating case: Provided, ization legislation for fiscal year 1996 for the cover the cost of publications developed by That for the purposes of this paragraph the Legal Services Corporation that is enacted the Small Business Administration, and cer- term ‘‘fee-generating case’’ means any case into law: Provided, That, upon enactment of tain loan servicing activities: Provided fur- which, if undertaken on behalf of an eligible Legal Services Corporation reauthorization ther, That notwithstanding 31 U.S.C. 3302, S 14488 CONGRESSIONAL RECORD — SENATE September 28, 1995 revenues received from all such activities (ii) The poverty rate for the area (as deter- tracts out or privatizes any functions or ac- shall be credited to this account, to be avail- mined by the most recent census data available) tivities presently performed by Federal em- able for carrying out these purposes without for not less than 90 percent of the population ployees; unless the Appropriations Commit- further appropriations. census tract (or where not tracted, the equiva- tees of both Houses of Congress are notified OFFICE OF INSPECTOR GENERAL lent county divisions as defined by the Bureau fifteen days in advance of such For necessary expenses of the Office of In- of the Census for the purposes of defining pov- reprogramming of funds. (b) None of the funds provided under this spector General in carrying out the provi- erty areas) located entirely within the area is Act, or provided under previous Appropria- sions of the Inspector General Act of 1978, as not less than 20 percent. tions Acts to the agencies funded by this Act amended (5 U.S.C. App. 1–11 as amended by (C) The term ‘‘small business concern’’ has the same meaning as in section 3 of the Small Busi- that remain available for obligation or ex- Public Law 100–504), ø$8,750,000¿ $8,500,000. ness Act. penditure in fiscal year 1996, or provided BUSINESS LOANS PROGRAM ACCOUNT (D) Except as otherwise provided in this sub- from any accounts in the Treasury of the For øthe cost of direct loans, $5,000,000, and paragraph, the term ‘‘qualified business’’ means United States derived by the collection of for¿ the cost of guaranteed loans, any trade or business that is a qualified busi- fees available to the agencies funded by this ø$146,710,000¿ $174,726,000, as authorized by 15 ness under the Small Business Act on the date Act, shall be available for obligation or ex- U.S.C. 631 note, of which ø$1,700,000¿ of enactment of this Act, except that such a penditure for activities, programs, or $1,216,000, to be available until expended, business that fails to meet the applicable loca- projects through a reprogramming of funds shall be for the Microloan Guarantee Pro- tion and employment requirements under such in excess of $500,000 or 10 percent, whichever gram, and of which $40,510,000 shall remain Act shall not be a qualified business. is less, that (1) augments existing programs, available until September 30, 1997: Provided, (E) The term ‘‘qualified small business con- projects, or activities; (2) reduces by 10 per- That such costs, including the cost of modi- cern’’ means, with respect to any fiscal year of cent funding for any existing program, fying such loans, shall be as defined in sec- the small business concern, any small business project, or activity, or numbers of personnel tion 502 of the Congressional Budget Act of concern, if for such year— by 10 percent as approved by Congress; or (3) 1974. (i) every trade or business of such small busi- results from any general savings from a re- In addition, for administrative expenses to ness concern is the active conduct of a qualified duction in personnel which would result in a carry out øthe direct and¿ guaranteed loan business within an area of pervasive poverty, change in existing programs, activities, or programs, ø$92,622,000¿ $77,600,000, which may unemployment, and general economic distress; projects as approved by Congress; unless the be transferred to and merged with the appro- (ii) not less than 80 percent of the total gross Appropriations Committees of both Houses priations for Salaries and Expenses. income of such small business concern is derived of Congress are notified fifteen days in ad- DISASTER LOANS PROGRAM ACCOUNT from the active conduct of such business; and vance of such reprogramming of funds. For the cost of direct loans authorized by (iii) not less than 35 percent of the total pay- øSEC. 606. None of the funds made available section 7(b) of the Small Business Act, as roll of such small business concern is paid to em- in this Act may be used for the construction, amended, $34,432,000, to remain available ployees who are residents of an area of perva- repair (other than emergency repair), over- until expended: Provided, That such costs, in- sive poverty, unemployment, and general eco- haul, conversion, or modernization of vessels cluding the cost of modifying such loans, nomic distress. for the National Oceanic and Atmospheric shall be as defined in section 502 of the Con- STATE JUSTICE INSTITUTE Administration in shipyards located outside gressional Budget Act of 1974. SALARIES AND EXPENSES of the United States.¿ In addition, for administrative expenses to For necessary expenses of the State Justice In- SEC. 607. (a) PURCHASE OF AMERICAN-MADE carry out the direct loan program, stitute, as authorized by The State Justice Insti- EQUIPMENT AND PRODUCTS.—It is the sense of ø$78,000,000¿ $62,400,000, which may be trans- tute Authorization Act of 1992 (Public Law 102– the Congress that, to the greatest extent ferred to and merged with the appropriations 572 (106 Stat. 4515–4516)), $5,000,000 to remain practicable, all equipment and products pur- for Salaries and Expenses. available until expended: Provided, That not to chased with funds made available in this Act should be American-made. SURETY BOND GUARANTEES REVOLVING FUND exceed $2,500 shall be available for official re- (b) NOTICE REQUIREMENT.—In providing fi- ception and representation expenses. For additional capital for the ‘‘Surety nancial assistance to, or entering into any Bond Guarantees Revolving Fund’’, author- TITLE VI—GENERAL PROVISIONS contract with, any entity using funds made ized by the Small Business Investment Act, SEC. 601. No part of any appropriation con- available in this Act, the head of each Fed- as amended, $2,530,000, to remain available tained in this Act shall be used for publicity eral agency, to the greatest extent prac- without fiscal year limitation as authorized or propaganda purposes not authorized by ticable, shall provide to such entity a notice by 15 U.S.C. 631 note. the Congress. describing the statement made in subsection ADMINISTRATIVE øPROVISION¿ PROVISIONS— SEC. 602. No part of any appropriation con- (a) by the Congress. SMALL BUSINESS ADMINISTRATION tained in this Act shall remain available for SEC. 608. None of the funds made available SEC. 508. Not to exceed 5 percent of any ap- obligation beyond the current fiscal year un- in this Act may be used to implement, ad- propriation made available for the current less expressly so provided herein. minister, or enforce any guidelines of the fiscal year for the Small Business Adminis- SEC. 603. The expenditure of any appropria- Equal Employment Opportunity Commission tration in this Act may be transferred be- tion under this Act for any consulting serv- covering harassment based on religion, when tween such appropriations, but no such ap- ice through procurement contract, pursuant it is made known to the Federal entity or of- propriation shall be increased by more than to 5 U.S.C. 3109, shall be limited to those ficial to which such funds are made available 10 percent by any such transfers: Provided, contracts where such expenditures are a that such guidelines do not differ in any re- That any transfer pursuant to this section matter of public record and available for spect from the proposed guidelines published shall be treated as a reprogramming of funds public inspection, except where otherwise by the Commission on October 1, 1993 (58 under section 605 of this Act and shall not be provided under existing law, or under exist- Fed. Reg. 51266). available for obligation or expenditure ex- ing Executive order issued pursuant to exist- øSEC. 609. LIMITATION ON THE USE OF FUNDS cept in compliance with the procedures set ing law. FOR DIPLOMATIC FACILITIES IN VIETNAM.— forth in that section. SEC. 604. If any provision of this Act or the None of the funds appropriated or otherwise SEC. 509. (1) Notwithstanding any other provi- application of such provision to any person made available by this Act may be obligated sion of law, no funds appropriated under this or circumstances shall be held invalid, the or expended to pay for any cost incurred for Act may be used in violation of this subsection. remainder of the Act and the application of (1) opening or operating any United States (2) Notwithstanding section 8 of the Small each provision to persons or circumstances diplomatic or consular post in the Socialist Business Act or any other provision of law, in other than those as to which it is held in- Republic of Vietnam that was not operating carrying out subsections (a) and (d) of section 8 valid shall not be affected thereby. on July 11, 1995; (2) expanding any United of the Small Business Act, the Administrator SEC. 605. (a) None of the funds provided States diplomatic or consular post in the So- shall provide assistance only to qualified small under this Act, or provided under previous cialist Republic of Vietnam that was operat- business concerns. Appropriations Acts to the agencies funded ing on July 11, 1995; or (3) increasing the (3) As used in this subsection— by this Act that remain available for obliga- total number of personnel assigned to United (A) The term ‘‘Administrator’’ means the Ad- tion or expenditure in fiscal year 1996, or States diplomatic or consular posts in the ministrator of the Small Business Administra- provided from any accounts in the Treasury Socialist Republic of Vietnam above the lev- tion. of the United States derived by the collec- els existing on July 11, 1995.¿ (B) The term ‘‘area of pervasive poverty, un- tion of fees available to the agencies funded SEC. 610. None of the funds made available employment, and general economic distress’’ by this Act, shall be available for obligation by this Act may be used for any United Na- means an area that, based on the most recent or expenditure through a reprogramming of tions undertaking when it is made known to decennial census data available from the Bu- funds which (1) creates new programs; (2) the Federal official having authority to obli- reau of the Census, meets the following cri- eliminates a program, project, or activity; gate or expend such funds (1) that the United teria— (3) increases funds or personnel by any Nations undertaking is a peacekeeping mis- (i) The unemployment rate for the area (as de- means for any project or activity for which sion, (2) that such undertaking will involve termined by the appropriate available data) is funds have been denied or restricted; (4) relo- United States Armed Forces under the com- not less than 1.5 times the national unemploy- cates an office or employees; (5) reorganizes mand or operational control of a foreign na- ment rate, and offices, programs, or activities; or (6) con- tional, and (3) that the President’s military September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14489 advisors have not submitted to the President owned by women or by minorities to bid for Fed- ‘‘(1) LIMITATIONS ON PROSPECTIVE RELIEF.— a recommendation that such involvement is eral contracts or subcontracts, if such require- Prospective relief in a civil action with respect in the national security interests of the ment or encouragement does not involve using a to prison conditions shall extend no further United States and the President has not sub- numerical objective, or otherwise granting a than necessary to remove the conditions that mitted to the Congress such a recommenda- preference, based in whole or in part on race, are causing the deprivation of the Federal rights tion. color, national origin, or sex, in selecting any of individual plaintiffs in that civil action. The SEC. 611. None of the funds made available individual or group for the relevant employ- court shall not grant or approve any prospective in this Act shall be used to provide the fol- ment, contract or subcontract, benefit, oppor- relief unless the court finds that such relief is lowing amenities or personal comforts in the tunity, or program. narrowly drawn and the least intrusive means Federal prison system— (4)(A) Nothing in this subsection shall be con- to remedy the violation of the Federal right. In (1) in-cell television viewing except for strued to prohibit or limit any Act that is des- determining the intrusiveness of the relief, the prisoners who are segregated from the gen- ignated to benefit an institution that is a his- court shall give substantial weight to any ad- eral prison population for their own safety; torically Black college or university on the basis verse impact on public safety or the operation of (2) the viewing of R, X, and NC–17 rated that the institution is a historically Black col- a criminal justice system caused by the relief. movies, through whatever medium pre- lege or university. ‘‘(2) PRISON POPULATION REDUCTION RELIEF.— sented; (B) Nothing in this subsection shall be con- In any civil action with respect to prison condi- (3) any instruction (live or through broad- strued to prohibit or limit any action taken— tions, the court shall not grant or approve any casts) or training equipment for boxing, (i) pursuant to a law enacted under the con- relief the purpose or effect of which is to reduce wrestling, judo, karate, or other martial art, stitutional papers of Congress relating to the In- or limit the prison population, unless the plain- or any bodybuilding or weightlifting equip- dian tribes; or tiff proves that crowding is the primary cause of (ii) under a treaty between an Indian tribe ment of any sort; the deprivation of the Federal right and no and the United States. (4) possession of in-cell coffee pots, hot (C) Nothing in this subsection shall be con- other relief will remedy that deprivation. ‘‘(b) TERMINATION OF RELIEF.— plates, or heating elements; or strued to prohibit or limit any classification ‘‘(1) AUTOMATIC TERMINATION OF PROSPECTIVE (5) the use or possession of any electric or based on sex if— RELIEF AFTER 2-YEAR PERIOD.—In any civil ac- electronic musical instrument. (i) sex is a bona fide occupational qualifica- tion with respect to prison conditions, any pro- SEC. 612. None of the funds made available tion reasonably necessary to the normal oper- spective relief shall automatically terminate 2 in title II for the National Oceanic and At- ation of the Federal Government entity or Fed- mospheric Administration under the heading eral contractor or subcontractor involved; years after the later of— ‘‘Fleet Modernization, Shipbuilding and Con- (ii) the classification is designed to protect the ‘‘(A) the date the court found the violation of version’’ may be used to implement sections privacy of individuals; or a Federal right that was the basis for the relief; 603, 604, and 605 of Public Law 102–567. (iii)(I) the occupancy of the position for which or SEC. 613. None of the funds made available the classification is made, or access to the prem- ‘‘(B) the date of the enactment of the Stop in this Act may be used for ‘‘USIA Television ises in or on which any part of the duties of Turning Out Prisoners Act. ‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE Marti Program’’ under the Television Broad- such position is performed or is to be performed, RELIEF.—In any civil action with respect to pris- casting to Cuba Act or any other program of is subject to any requirement imposed in the in- on conditions, a defendant or intervenor shall United States Government television broad- terest of the national security of the United be entitled to the immediate termination of any casts to Cuba, when it is made known to the States under any security program in effect pur- Federal official having authority to obligate suant to or administered under any Act or any prospective relief, if that relief was approved or or expend such funds that such use would be Executive order of the President; or granted in the absence of a finding by the court inconsistent with the applicable provisions (II) the classification is applied with respect that prison conditions violated a Federal right. ‘‘(c) PROCEDURE FOR MOTIONS AFFECTING of the March 1995 Office of Cuba Broadcast- to a member of the Armed Forces serving on ac- PROSPECTIVE RELIEF.— ing Reinventing Plan of the United States tive duty in a theatre of combat operations (as ‘‘(1) GENERALLY.—The court shall promptly determined by the Secretary of Defense). Information Agency. rule on any motion to modify or terminate pro- SEC. 614. (1) Notwithstanding any other provi- (5)(A) In any action involving a violation of spective relief in a civil action with respect to sion of law, no funds appropriated under this this subsection, a court may award only injunc- prison conditions. Act may be used in violation of the provisions of tive or equitable relief (including but not limited to back pay), a reasonable attorney’s fee, and ‘‘(2) AUTOMATIC STAY.—Any prospective relief paragraphs (2) and (3). subject to a pending motion shall be automati- (2) Notwithstanding any other provision of costs. (B) Nothing in this paragraph shall be con- cally stayed during the period— law, neither the Federal Government nor any ‘‘(A) beginning on the 30th day after such mo- officer, employee, or department or agency of strued to affect any remedy available under any other law. tion is filed, in the case of a motion made under the Federal Government— subsection (b); and (A) may intentionally discriminate against, or (6)(A) This subsection shall not affect any case pending on the date of enactment of this ‘‘(B) beginning on the 180th day after such may grant a preference to, any individual or motion is filed, in the case of a motion made group based in whole or in part on race, color, Act. (B) This subsection shall not affect any con- under any other law; national origin, or sex, in connection with— tract, subcontract, or consent decree in effect on and ending on the date the court enters a final (i) a Federal contract or subcontract; order ruling on that motion. (ii) Federal employment; or the date of enactment of this Act, including any option exercised under such contract or sub- ‘‘(d) STANDING.—Any Federal, State, or local (iii) any other federally conducted program or official or unit of government— activity; contract before or after such date of enactment. (7) This subsection does not prohibit or limit ‘‘(1) whose jurisdiction or function includes (B) may require or encourage any Federal the prosecution or custody of persons in a pris- contractor or subcontractor to intentionally dis- the availability of funds to implement a— (A) court order or consent decree issued before on subject to; or criminate against, or grant a preference to, any the date of enactment of this Act; or ‘‘(2) who otherwise is or may be affected by; individual or group based in whole or in part on (B) court order or consent decree that— any relief the purpose or effect of which is to re- race, color, national origin, or sex; or (i) is issued on or after the date of enactment duce or limit the prison population shall have (C) may enter into a consent decree that re- of this Act; and standing to oppose the imposition or continu- quires, authorizes, or permits any activity pro- (ii) provides a remedy based on a finding or ation in effect of that relief and may intervene hibited by subparagraph (A) or (B). discrimination by a person to whom the order in any proceeding relating to that relief. Stand- (3) Nothing in this subsection shall be con- applies. ing shall be liberally conferred under this sub- strued to prohibit or limit any effort by the Fed- (8) As used in this subsection— section so as to effectuate the remedial purposes eral Government or any officer, employee, or de- (A) The term ‘‘Federal Government’’ means of this section. partment or agency of the Federal Govern- the executive and legislative branches of the ‘‘(e) SPECIAL MASTERS.—In any civil action in ment— Government of the United States. a Federal court with respect to prison condi- (A) to recruit qualified women or qualified mi- (B) The term ‘‘grant a preference’’ means use tions, any special master or monitor shall be a norities into an applicant pool for Federal em- of any preferential treatment and includes but United States magistrate and shall make pro- ployment or to encourage businesses owned by is not limited to any use of a quota, set-aside, posed findings on the record on complicated fac- women or by minorities to bid for Federal con- numerical goal, timetable, or other numerical tual issues submitted to that special master or tracts or subcontracts, if such recruitment or en- objective. monitor by the court, but shall have no other couragement does not involve using a numerical (C) The term ‘‘historically Black college or function. The parties may not by consent extend objective, or otherwise granting a preference, university’’ means a part B institution, as de- the function of a special master beyond that based in whole or in part on race, color, na- fined in section 322(2) of the Higher Education permitted under this subsection. tional origin, or sex, in selecting any individual Act of 1965 (920 U.S.C. 1061(2)). ‘‘(f) ATTORNEY’S FEES.—No attorney’s fee or group for the relevant employment, contract SEC. 615. (1) This Act may be cited as the under section 722 of the Revised Statutes of the or subcontract, benefit, opportunity, or pro- ‘‘Stop Turning Out Prisoners Act’’. United States (42 U.S.C. 1988) may be granted to gram; or (2) IN GENERAL.—Section 3626 of title 18, Unit- a plaintiff in a civil action with respect to pris- (B) to require or encourage any Federal con- ed States Code, is amended to read as follows: on conditions except to the extent such fee is— tractor or subcontractor to recruit qualified ‘‘§ 3626. Appropriate remedies with respect to ‘‘(1) directly and reasonably incurred in prov- women or qualified minorities into an applicant prison conditions ing an actual violation of the plaintiff’s Federal pool for employment or to encourage businesses ‘‘(a) REQUIREMENTS FOR RELIEF.— rights; and S 14490 CONGRESSIONAL RECORD — SENATE September 28, 1995 ‘‘(2) proportionally related to the extent the expedite our consideration here, we the distinguished Senator from West plaintiff obtains court ordered relief for that have put together an amendment that Virginia. violation. will be offered by Senator HATFIELD, I have an outline of the amendment. ‘‘(g) DEFINITIONS.—As used in this section— ‘‘(1) the term ‘prison’ means any Federal, the distinguished chairman of the full But probably what I should do under State, or local facility that incarcerates or de- committee, an amendment that is co- this circumstance is simply ask unani- tains juveniles or adults accused of, convicted sponsored by Senator HOLLINGS. mous consent that we be able to do of, sentenced for, or adjudicated delinquent for, It has to do with adding to our 602(b) opening statements, that we be able to violations of criminal law; allocation; that is, allocating addi- do the technical managers’ amend- ‘‘(2) the term ‘relief’ means all relief in any tional money to the subcommittee and ments we have agreed to, give the dis- form which may be granted or approved by the then disbursing that money in such a tinguished Senator from West Virginia court, and includes consent decrees and settle- way as to deal with some of the con- ment agreements; and an opportunity to discuss this with ‘‘(3) the term ‘prospective relief’ means all re- cerns that have been raised against the Senator HATFIELD, who is in a meeting lief other than compensatory monetary dam- bill. And so that we could deal with with the Secretary of Energy on some- ages.’’. this in an orderly fashion, I would like thing very important in his State right (3) APPLICATION OF AMENDMENT.—Section to propound a unanimous-consent re- now. 3626 of title 18, United States Code, as amended quest that we have opening statements When the agreement has been by this section, shall apply with respect to all by the distinguished ranking member reached and the ranking member, Sen- relief (as defined in such section) whether such of the subcommittee, by myself, by any ator BYRD, is satisfied, then we can relief was originally granted or approved before, other Senator who would like to make on, or after the date of the enactment of this proceed with it. And, again, this is not Act. an opening statement; that then it be my amendment; I have not been di- (4) CLERICAL AMENDMENT.—The table of sec- in order for us to submit for consider- rectly involved in it even though I have tions at the beginning of subchapter C of chap- ation managers’ amendments that have concluded that this is a prudent thing ter 229 of title 18, United States Code, is amend- been agreed to on both sides and any for us to do. ed by striking ‘‘crowding’’ and inserting ‘‘condi- debate there might be on them; and Mr. BYRD. Well, I certainly thank tions’’. then I would like it to be in order for the distinguished Senator. I know that TITLE VII—RESCISSIONS the distinguished Senator from Oregon, it is an oversight, an inadvertent one. DEPARTMENT OF JUSTICE Senator HATFIELD, to offer his amend- I want to make clear that such author- GENERAL ADMINISTRATION ment with Senator HOLLINGS because it izations of reallocations have to be WORKING CAPITAL FUND addresses numerous issues. made by both the chairman and the If we do not do it in that way, we are (RESCISSION) ranking member of the full committee. Of the unobligated balances available under probably going to simply use up time And we make those after contacting this heading, $35,000,000 are rescinded. as we try to deal with those issues one various and sundry subcommittee DEPARTMENT OF COMMERCE by one. We can certainly proceed with- chairmen. And I do not anticipate any out this unanimous-consent request, NATIONAL TELECOMMUNICATIONS AND problem along that line. But I thought but I hope our colleagues will indulge INFORMATION ADMINISTRATION I had better make mention of this be- us since our objective is simply to try INFORMATION INFRASTRUCTURE GRANTS fore it becomes a problem. to expedite consideration of the bill. Mr. GRAMM. Well, Mr. President, let (RESCISSION) Mr. HOLLINGS. Mr. President, this me just then ask unanimous consent Of the unobligated balances available under procedure has been agreed to, so I hope this heading, $36,769,000 are rescinded. that we have opening statements by we can proceed along that line. ATIONAL NSTITUTE OF TANDARDS AND Senator HOLLINGS and myself and any N I S Mr. BYRD. Mr. President, would the TECHNOLOGY other Member who would wish to make distinguished Senator from Texas CONSTRUCTION OF RESEARCH FACILITIES an opening statement, that it also be yield? (RESCISSION) Mr. GRAMM. I would be very happy in order for us to offer managers’ Of the unobligated balances available under to yield. amendments where we have agreement this heading, $152,993,000 are rescinded. Mr. BYRD. The distinguished chair- on both sides of the aisle, and that DEPARTMENT OF STATE man spoke of a reallocation of re- when an agreement is reached between ADMINISTRATION OF FOREIGN AFFAIRS sources? the distinguished chairman of the full ACQUISITION AND MAINTENANCE OF BUILDINGS Mr. GRAMM. Yes, I did. committee and the ranking member, ABROAD Mr. BYRD. The chairman of the com- Senator BYRD, that at that point it be (RESCISSION) mittee and the ranking member of the in order for Senator HATFIELD to offer Of the unobligated balances available under full committee are authorized to ap- his amendment which deals with some this heading, $115,000,000 are rescinded. prove such reallocation. Nobody has 20 different subjects. I think by doing RELATED AGENCIES proposed this to the ranking member it that way, we can expedite consider- ation. UNITED STATES INFORMATION AGENCY as yet about such a reallocation of re- So I ask unanimous consent that it RADIO CONSTRUCTION sources. be in order to have opening statements, (RESCISSION) Would the Senator inform me as to that it be in order for me to offer, on Of the unobligated balances available under whether or not I am going to be con- this heading, $7,400,000 are rescinded. tacted on that matter? behalf of myself and Senator HOLLINGS, This Act may be cited as the ‘‘Depart- Mr. GRAMM. Well, if I might say to managers’ amendments where there is ments of Commerce, Justice, and State, the the distinguished Senator from West agreement on both sides of the aisle, Judiciary, and Related Agencies Appropria- Virginia, this is not my amendment. and that it then be in order, when Sen- tions Act, 1996’’. There has been a series of discussions ator BYRD has agreed, for the distin- Mr. GRAMM. Mr. President, we have among Members. Basically what the guished chairman of the full commit- before us a very complicated bill, a Senator from Oregon has been doing is tee, Senator HATFIELD, to offer an very controversial bill. We are at- trying to find a way through our im- amendment on behalf of himself and tempting to establish a sequence of ac- passe. Senator HOLLINGS. tivity with a goal of trying to expedite As I am sure our colleagues are Mr. DASCHLE. Mr. President, reserv- its consideration. aware, our appropriations bill has $4.26 ing the right to object, I am not sure I In order that we might try to get all billion less than requested by the heard the entire request. I apologize to this to come together in an orderly President for our subcommittee. It has the Senator from Texas. We would cer- fashion, because I know many of our $1.9 billion less than a freeze. And it tainly have no objection to opening colleagues hope to be gone this week- has $870 million less than the House. statements at this point. Because no end—even though, knowing I would be Senator HATFIELD has been working one has had the opportunity to see managing the bill, I plan to be here to- with Senator HOLLINGS and others to these amendments, we have had re- morrow and Saturday, so I am in no try to allocate funds to this sub- quests on our side that prior to the hurry; I want to be sure my colleagues committee. I was unaware, I must say, time we agree to any kind of unani- understand that—but in order to try to that that had not been discussed with mous-consent agreement which would September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14491 involve these amendments that Sen- of Government than we proposed, does This bill provides a substantial in- ators have the opportunity to look at so in a budget that will not be in bal- crease in funding for the Justice De- them. ance by the second coming. It does so partment, funding for our effort to So, we would have to object to any- in a budget that will not bring the defi- fight violent crime, funding for our ef- thing beyond the opportunity to make cit below $200 billion in a decade. fort to fight drugs. opening statements at this point. So the fact that the President, in his I will come back in a moment and Mr. GRAMM. Mr. President, we are budget, can request funding for many talk about changes in how the Justice certainly narrowing it down to opening functions that we do not fund is simply Department would function, but let me statements. a testament to the fact that our budget make this point. While we provide, ba- So with that, I ask unanimous con- is a binding budget that is balanced sically, the same level of funding re- sent that we begin opening statements over 7 years and the President’s budget quested by the President, we have in and that it not be in order to offer an is not. subcommittee and full committee on amendment until those opening state- There are several ways to approach this bill changed the allocation of ments are completed; at that point the writing of an appropriations bill funding. In the crime trust fund, we that—let me state it this way: I ask where you have to cut $4.3 billion. One spend less money on social programs, unanimous consent that it be in order way—and, quite frankly, in no way we spend more money building prisons. now to have opening statements; that being critical, but I want people to un- It is a belief of the subcommittee and at the conclusion of the opening state- derstand why this is such a controver- the full committee that we need to get ments, subject to the agreement of the sial bill—one way is to take the ap- tough on violent crime, and we try to minority leader, at that point that it proach which has been taken in most do that in this crime bill. be in order for the distinguished Sen- other appropriations bills, and that is The second area that we fund in this ator from Oregon, Senator HATFIELD, to simply take the level of savings that bill has to do with the Department of to offer an amendment on behalf of is dictated, nick a whole bunch of pro- State. I have to say, Mr. President, himself and Senator HOLLINGS. grams a little bit and, basically, take that I have been somewhat dis- The PRESIDING OFFICER. Is there the approach that you are going to sort appointed. I visited with the Secretary objection? of hunker down and not fundamentally of State. I explained to the Secretary Without objection, it is so ordered. Mr. GRAMM. Mr. President, let me change anything. of State the simple arithmetic of this It seems to me, Mr. President, that try to give an opening statement on a bill, and the simple arithmetic of this very complicated bill without getting this is roughly equivalent to an action bill is as follows: into too many of the details but in that a family which is running out of If we provide roughly the level of such a way as to basically cover the is- money might take at the end of the funding requested by the President for sues that are involved in this bill. month when they say, ‘‘Well, we’re the Justice Department, if we provide I think there are many reasons why running out of money and what we’re funding for half of the increase re- this is a very complicated and a very going to do is spend a little bit less quested by the Federal judiciary, what controversial bill. One reason is going to the movie and spend a little that means is, given the amount of money. This bill, probably more than bit less on milk for the children.’’ money we have left, that we have to any other appropriation that we will As we know, families do not operate cut every other program by an average consider this year, has a very tight that way. Families set priorities. Fam- of 36 percent. That is the cold reality budget. It, in fact, provides $4.26 billion ilies decide toward the end of the that we are looking at. less for Commerce-State-Justice appro- month when they are running out of I tried to explain to the Secretary of priations than was requested by the money that they are not going to go to State that that was basically where we President. the movie, but that they are going to were and that that meant that we were It provides almost $2 billion less than continue to buy their children milk. going to have to reduce the level of a nominal freeze in the current level of As chairman of this subcommittee, I funding for the State Department by appropriations for Commerce-State- decided that if we were shooting with roughly 20 percent. That is actually Justice. And I remind my colleagues real bullets, if we were going to write better treatment than we provided for that, compared to some of the larger an appropriations bill now that set out the Commerce Department in this bill. appropriation accounts, this is a fairly a path to balance the budget over 7 We have not adopted the authoriza- small appropriations bill in terms of years, that we ought to recognize, to tion bill for the State Department, but actual dollar outlays. So when we are begin with, that we are going to have a majority of the Members of the Sen- talking about $2 billion less for fiscal less money next year than we had this ate have voted for that authorization. year 1996 than we are spending this year, less the next, and less in each It has been filibustered. We have been year, we are talking about a substan- successive year for the next 6 years. unable to get 60 votes and, as a result, tial reduction in the ability to expend So I made the decision to terminate what I did in writing the appropria- money for the carrying out of func- programs, to set priorities. My original tions bill is I took the authorization tions in the Department of Commerce, recommendation terminated some 12 bill which has received a majority vote the Department of State, and the De- programs outright. It also set very in the Senate on a cloture motion and partment of Justice. strong priorities. It was my decision as I used it as the blueprint to write fund- The bill also has almost $900 million chairman of the subcommittee that not ing for the State Department. less than our counterparts in the House all programs in the Commerce, State, The basic reductions that occur in had. And this is the first point I want Justice appropriations bill were cre- the State Department budget have to my colleagues to understand. When the ated equally. I believe that the Amer- do with American payments for mem- President criticized this bill for not ican people have very strong pref- bership in world organizations. The dis- providing funding for purposes for erences, and what I have tried to do tinguished Senator from North Caro- which he requested funding, it is im- within the monetary constraints that I lina, Senator HELMS, in his authoriza- portant for our colleagues—and, quite have had as chairman, and this has tion bill, dramatically reduces the frankly, it is important for those who been supported by the majority in both amount of taxpayer funding that goes are following this debate—to under- the subcommittee and the full commit- to world organizations to promote ob- stand that we are operating under a to- tee, is to try to fund the President’s ef- jectives that, at least in the minds of tally different budget than the Presi- fort in fighting crime. I am very proud the majority of the Members of the dent proposed. of the fact that this bill fully funds the Senate, did not reflect the will of the Our budget comes into balance in 7 FBI and the DEA. It fully funds our ef- American people. years. Our budget substantially re- forts to incarcerate violent criminals. I think it is important to note, and I duces discretionary spending. Our It provides a strong funding increase want to be sure that it is part of the budget imposes very real constraints for the courts to hire prosecutors to RECORD, that despite all of the moan- on spending money. provide the system of criminal and ing from the State Department that The President, in proposing $4.3 bil- civil justice that we need to deal with somehow not a sufficient account is lion more for these three Departments the problems that we face. taken in this bill that representing S 14492 CONGRESSIONAL RECORD — SENATE September 28, 1995 America abroad today is a dangerous ment. I have listened to my colleagues gram to provide funds to State and business, something that I understand, talk about eliminating departments, local governments. We had no cor- I appreciate the sacrifice that is made and I then look at their willingness to responding bill pass in the Senate, but by people who work in the State De- vote to actually cut the programs, and we do have a bill that has been intro- partment. I often see a gulf between the rhetoric duced by Senator HATCH in conjunction As a result, I have fully funded every and the reality. It is almost as if when with Senator DOLE. To make the House penny requested by the President in his people are talking about eliminating and Senate crime bills conformable, it budget for such expenditures. Even departments, they want to go down and was decided by the subcommittee and though he spends $4.3 billion more in take down the flag and take down the the full committee to write in the allo- his budget than we are allowed to plaque off the wall, but they want the cation formula from the Dole-Hatfield spend in ours, I fund every penny the Government to keep doing the things proposal, so that both appropriations President requests for security abroad the Department has been doing. bills are moving in the same direction for both our Embassies and our person- When we adopted a budget that toward block grants. Needless to say, nel. called for the elimination of the Com- with Senator BIDEN, this has been a So the criticism of the State Depart- merce Department, when the Govern- very controversial subject, and we have ment that somehow we are ment Operations Committee reported a worked out an agreement where Sen- underfunding the State Department bill to eliminate the Commerce Depart- ator BIDEN will offer a substitute for and the needs of its people is simply ment, I, as chairman of this sub- this provision. verifiably false. committee, believed that they were se- Senator HATCH and Senator DOLE This is a tough budget. It does reflect rious. And, as a result, we dramatically would like to change their proposal, the fact that the American people do reduce spending in the Commerce De- which was written into the bill, and so not believe that we are getting our partment. We set up a procedure to they will basically put the ball in the money’s worth with all of these world provide funds for current employees, air. Each will submit alternatives, and organizations where we pay the bulk of and we provide the mechanism that we will determine, based on a vote on the dues and have a relatively small would allow us, if in fact we pass the the floor of the U.S. Senate, what di- say in what they do and on how our authorizing bill, to terminate the De- rection we move in. money is spent. partment, and to do it in an orderly But let me be sure that everybody I think the plain truth is the Amer- fashion. understands what the bill before us ican people understand that in the Now, many of the people who voted does in this area. The bill before us postwar period, America has been like for the budget to eliminate the Depart- would allow communities to carry out a little rich kid in the middle of a slum ment want to preserve some of its pro- the community policing program ex- with a cake. The whole world has grams and, obviously, we are going to actly as the President proposed, if they looked at this cake and wanted a piece have votes on those. There are many choose to. In the bill before us, we of it. We literally have run all over the programs within the Commerce De- would allocate funds to local police de- world handing out pieces of this cake. partment that this bill eliminates out- partments, and they would have the Nobody has loved us for it. In fact, in right. But, basically, it is a bill that ability to do community policing ex- many cases, they have not loved us, begins the process of dramatically re- actly as the President has proposed, if thinking they should have gotten ducing the level of expenditures for ac- they choose to do it. The objection more. tivities where the Government is at- that has been leveled against this The fundamental philosophy behind tempting to pick winners and losers in block grant is not that they cannot do this appropriations bill is we need to the American economy. There is a fun- what the President has proposed we do, stop sharing the cake, and we need to damental philosophical difference be- but that they have the option of doing start sharing the recipe we used to tween the two parties on this issue. it in a different way. The objection to bake the cake, which is free enterprise, The party which I represent—the phi- our language is not a dispute about the individual liberty, and private prop- losophy I believe in—believes that the President’s program so much as it is a erty. market system ought to be the basic dispute in the ability of local govern- So in the State Department appro- determining factor of who gets money ment and local chiefs of police to de- priations bill, we provide $4.4 billion. to invest; that Government does not cide to use the money in a different The President requested $5.6 billion. have the wisdom to make that decision way if they think that will work better Much of this reduction is taken in and, quite frankly, even if it had the for them. membership in world organizations. wisdom to make that decision, since it We have set out a guideline on how And, quite frankly, while this can be is inherently a political decision, it the money could be used. If people debated forever, I would be perfectly would not make that decision very chose to do community policing, to put content to take my appropriations bill, well. more policemen on the beat, as our take the President’s budget, to tear the That is an outline of the expendi- crime bill last year proposed, and as title page off, to put each of them on tures of the bill. As I said, the bill the President supports, they could do the table in every kitchen of every eliminates some dozen programs from that. If they decide that they want to working American and let them decide the Minority Business Development have more policemen on the beat, but whether they want money spent fund- Agency to the U.S. Travel and Tourism they want to use the funds for training, ing the war on violent crime in Amer- Administration, to the Technology Ad- they could do that. If they decide that ica, the war on drugs, gaining control ministration, to the information infra- they want to work overtime to get bet- of our borders, or whether they want structure grants, to the Death Penalty ter trained police officers on the street the money spent paying dues to organi- Resource Centers, to the Competitive now while they bring new trainees into zations around the world where the Policy Council, the Ounce of Preven- the police academy, they could do that. United States is now a member of these tion Council, and the bill eliminates If they decide they need to use the organizations and, in many cases, is Legal Services as a Federal program. funds to buy equipment to make their paying the bulk of the dues. Now, let me talk about the language system more efficient, they could do I do not think there is any doubt that changes in the bill, because almost that. But they have the capacity to the American people would choose the every one of these provisions is con- carry out the program as the President position that I have chosen. It seems to troversial. So let me try to tick has proposed, if they choose to. me that is why the State Department through basically what the bill does. The second change in language has to has not wanted to debate the real issue The House appropriations bill appro- do with the Legal Services Corpora- here. priated to their crime bill, which was tion. It is not news to any of my col- In terms of the Commerce Depart- part of the Contract With America. leagues that I am not a fan of the ment, let me remind my colleagues The Senate has not passed a crime bill. Legal Services Corporation. I believe that the budget that we adopted in the The crime bill passed in the House con- that is has some legitimate functions. Senate was a budget that called for the templated and, in fact, provided a dra- But I think that, in many cases, they elimination of the Commerce Depart- matic change in the President’s pro- have not carried those functions out. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14493 Legal Services Corporation today has a tioner, the color television, the weight set out a simple guideline. What the lawsuit underway against every State room. The key ingredient in this direc- bill says is that it is legal for prisoners in the Union that has tried to reform tion is requiring Federal prisoners to to be required to work so long as the welfare. Every time any State in the work. President certifies that what they Union has had a mandatory work re- Now, this is where we run headlong produce is not sold in such a way as to quirement, the Legal Services Corpora- into greedy special interests. This is glut a local market or to glut the na- tion has filed a lawsuit against them. not just the greedy special interests of tional market. Any time any State in the Union has organized labor. It is also, quite frank- What I foresee under this provision, tried to deny additional benefits to ly, the greedy special interests of cor- if it becomes law, is that we could turn welfare recipients who have additional porate America. It is the greedy special our Federal prisons into industrial children on welfare, the Legal Services interests of big business, and it is the parks. Many of the goods that are pro- Corporation has filed a lawsuit against greedy special interests of small busi- duced abroad, component parts from them. ness. everything from air conditioners to The Legal Services Corporation has a We have three laws in effect that ba- wheelbarrows to automobiles, we could long history of using taxpayer funds to sically criminalize working Federal produce some of those component parts promote causes which are not tax- prisoners. It is basically criminal in with prison labor. payers’ causes. My view is, Mr. Presi- America for prisoners to work in any If we stopped building prisons like dent, that if someone wants to file a conventional sense of working. Most Holiday Inns, we could probably cut lawsuit against the State of New Jer- Americans have not the foggiest idea the $22,000 in half. If we required pris- sey saying that they cannot have a this is true, and they would go abso- oners to work, we could probably cut mandatory work requirement for wel- lutely berserk if they understood it. the $11,000 of net cost in half. I believe fare recipients because it violates the These three laws basically go back to that within a decade we could cut the constitutional rights of welfare recipi- the Depression era when we took a cost of incarcerating people by 75 per- ents to have to work, people ought to criminal justice system where pris- cent. But we are probably not going to have a right to file that lawsuit. But oners were working, where they were do it. Let me tell you why. Because or- they ought not to use taxpayers’ to a substantial degree paying the cost ganized labor and because a few indus- of their own incarceration, and in the money to do it. tries that do not want any competition In any case, after many years of bat- Depression era we started eliminating will support the offering of an amend- tling on this issue, this year I pro- their ability to work. ment that will continue to criminalize Now, some people could argue— posed—and was successful—in the ini- prison labor in America. though I would never make the argu- tial mark to eliminate the Legal Serv- Now, I offered this provision in our ment—that it may have made sense in ices Corporation outright. bill because I think it is needed. I I did not have the votes in sub- the Depression because by not having think when you have 1 million people prisoners do something, someone else committee to do that. An agreement incarcerated, it is inhumane not to could do it and it would create a job. If was reached where we eliminate the have an orderly system where they can one could have made that argument in Federal Legal Services Corporation. work. I will not drag this dead cat the Depression, they cannot make that We take roughly half the money that it across the table too many more times argument today. is now spending and we give that We have one Federal statute that here, but I want to remind my col- money in a block grant to State gov- makes it illegal for prisoners to work leagues that when Alexis de ernments. Then State governments, in producing anything sold in inter- Tocqueville came to America in the within a set of guidelines which limit state commerce. We have a law that 1830’s and went back home and wrote the ability of organizations that take makes it illegal for a prisoner to ‘‘Democracy in America,’’ one part of Federal taxpayers’ money to engage, produce anything that is transported American life that he commented on basically, in the promotion of class ac- in interstate commerce. We have an- was our prison system and how enlight- tion suits, opposing welfare, and a se- other law that makes it illegal for pris- ened it was because we worked pris- ries of other restrictions based on past oners to produce anything that is sold oners hard. Prisoners at that time were concerns—have block grants to spend within the State in which it is pro- working 12, 14 hours a day 6 days a on legal services. It provides roughly duced. Then we have another provision week, and de Tocqueville noted how en- half the funds that the existing pro- that sets out guidelines where, if pris- lightened it was because by making gram provides. oners did produce something that was prisoners work it made life in prison Another controversial area of lan- sold in the private market, they would bearable. guage in the bill has to do with pris- have to be paid union scale. If we made prisoners work today, not oners’ work. This is an issue which I Let me translate all of those amend- only would we save money, but people feel very strongly about. I do not have ments and what they mean. What that when they got out of prison would have much doubt in my mind that when the means, in essence, is you cannot make a skill that they learned working in votes are counted on the floor of the prisoners work in producing anything prison. If we made them go to school at Senate, I am going to lose on this to sell in the private sector of the econ- night, they would know how to read issue. But I want the American people omy. and write, and having worked 10 hours to know about it. Part of my reward All over the country we have 100,000 a day 6 days a week, go to school at for being chairman is that now people people in the Federal penitentiary. We night, serve their full term, when they have to take this provision out. have 1 million people incarcerated in get out of prison they would not want Let me define the problem. To keep America. By and large, except for pro- to go back. someone in the Federal penitentiary ducing a handful of things that are rel- That is not going to happen because this year is going to cost the Federal atively insignificant in value as com- this provision is going to be stricken taxpayers $22,000. We could send some- pared to the total economy, they can- out by special interests. I know it, but body to Harvard for what we are going not work. I want people to have to vote on it, and to pay to keep them in the Federal Now, we have a bunch of programs in I want people to be able to look at penitentiary. We are paying more to States where prisoners produce car their vote. Prisoners in America should keep someone in the Federal peniten- tags. We have a Federal program where be required to work. They should be al- tiary than they would make if they they produce furniture for the Federal lowed to work in producing things that could earn twice the minimum wage Government. But by and large these we can sell. working. laws prevent us from putting prisoners Every year our dear colleague, Sen- Now, why is that so? Part of the rea- to work. I would like prisoners to work ator HELMS, offers an amendment to son is because of the way we build pris- 10 hours a day 6 days a week. I would ban trade with countries that make ons. I have tried in this bill to begin like to turn our Federal prisons into prisoners work. Every year I wonder moving us in the direction of stopping industrial parks. why we cannot make our prisoners the building of Federal prisons like What I have done in this bill is I have work. How is it that we have people Holiday Inns, taking out the air condi- overturned these three laws, and I have who are working two and three jobs, S 14494 CONGRESSIONAL RECORD — SENATE September 28, 1995 struggling to make ends meet, and we proved it on that night in that amend- spect, the distinguished Senator from are paying $22,000 a year to keep some- ment. South Carolina. body in prison, and then we cannot This is my bill, as chairman of this The PRESIDING OFFICER (Mr. GOR- force them to work to produce some- subcommittee, and I am very proud of TON). The Senator from South Caro- thing of value to pay for their own in- the fact that we have, in this bill, in lina. carceration? the jurisdiction of Commerce, State, Mr. HOLLINGS. Mr. President, I rise It is called greedy, petty, special in- Justice under this bill, we say that it is today to speak against H.R. 2076, the terests. The world ought to know about illegal to discriminate against anybody fiscal year 1996 Commerce, Justice, and it. I hope to awaken them by putting in hiring, promotion, and contracting, State appropriations bill. For me, this this provision in this bill that some- and it is illegal to discriminate in is unprecedented. Never in my 25 years body has to take out. favor of anybody. It is simple language. on the Appropriations Committee—or Now let me talk very briefly about In fact, it is the language which the my 18 years as serving as either the two other language provisions in the distinguished majority leader, Senator chairman or ranking minority member bill. One has to do with the 8(a) pro- DOLE, has worked out. I had worked of this subcommittee—have I opposed gram. The 8(a) program is designed to out similar language but, frankly, I this bill. And never in my career here help disadvantaged businesses. The thought his language was better so I have I seen an appropriations bill pre- basic idea of the 8(a) program was that included it. pared in such a partisan manner and there are some businesses that are dis- It is basically a commitment to voted out of committee on straight advantaged and that we want to try to merit. I have to believe, based on our party lines. I am against this bill because I sim- help them get on the playing field and past vote, that this provision will be ply cannot go along with its rec- be more competitive. stripped out. But, again, America The problem is that over the years, ommendations and because of its ex- ought to know who is and who is not disadvantaged has come to mean mi- treme nature. This bill represents a for quotas; who is and who is not for nority or female. You cannot be dis- 180-degree departure from the way we set-asides. Let me make it clear that advantaged, under the 8(a) contract, if on this committee have approached our the language in this bill preserves our you are not a minority and if you are job when senators Rudman, Weicker, total effort of outreach. It preserves male. So what I try to do is open up the Pastore, Laxalt, and DOMENICI and I our ability to go out and recruit people 8(a) contract and say, no matter what were chairman or ranking member. In to apply for jobs. It gives us the full your gender is, no matter what your the past, we focused on the business of ability to work, to see that everybody race is, if you are operating in a de- governing. We worked together to en- gets on the playing field. But it re- pressed area, if you are a small, strug- sure that the agencies under our juris- quires that, once people are on the gling business and you are hiring peo- diction are well-run and appropriately playing field, when it comes to being ple who live in a distressed area, you funded. Our job always was to see to it hired, being promoted, or getting a ought to be treated in exactly the same that the taxpayers’ dollars were well contract, that must be done by merit. way as someone doing exactly the same spent. If a program was worth it, we things you are who is from a different So this is a very controversial bill. It sought to fund it adequately. At the ethnic group or from a different gen- is no accident that we have kept it to same time, we conducted budget scrubs der. the end. I am quite proud of the bill. to ensure that we achieved savings We do not eliminate the 8(a) pro- Obviously, others oppose it. And the from delayed contracts, program gram, we simply open it up to people way democracy works is that we pro- changes, and other technical matters. who are disadvantaged because they pose and we debate, and I accept the But Mr. President, that is not what are small business people in depressed outcome of it. But I think this bill rep- today’s bill is about. It is not about areas with high unemployment and resents a dramatic change and, quite governing. It is about politics and they are hiring people from those frankly, I have been disappointed in making philosophical policy state- areas. the other appropriations bills in that ments. It is about picking winners and This is a controversial subject. I un- we have committed to a budget that losers. It is about throwing money at derstand that. But I believe, again, if calls for a dramatic change but every- one part of this bill, the Department of we could put this proposal on the body seems to be waiting until next Justice, and about wreaking havoc on kitchen table in every kitchen in year or the next year or the next year the rest of the bill. In many ways, this America and ask, if somebody is a to make these changes. I wanted to bill seems more like a budget resolu- small business person, if they are oper- make them now. I may not be here 2 tion than an appropriations bill. ating in an area of high unemploy- years from now. I do not know. I may Mr. President, government is not a ment, if they are hiring people who are not be on this committee next Mon- dirty word. I know that there are some from a high unemployment area, why day—I do not know that either. But I who have come to Washington intend- should they be discriminated against do know that I believe this represents ing to have a fire sale. Well, those peo- based on race or gender? I think Amer- a dramatic break with the past. ple will probably like this bill because ica has asked that question and I think This bill terminates programs. This it is a bonfire. Agency after agency is America has answered it. They are bill dramatically changes the way we eliminated or subjected to unprece- waiting for the U.S. Senate to answer operate the Federal Government. And I dented reductions of 20 percent or it and I want to give them a chance to think it gives people a very clear more. This bill slashes programs with answer it today. choice. It defines a movement in the little description or detail of what is The final provision I want to talk direction that I would like to see us go. being cut. For example, the Inter- about in the bill, in terms of language, I am proud that the subcommittee and national Trade Administration is cut has to do with quotas and set-asides. I full committee supported the effort to by $47 million below a freeze. But the understand where the Senate stands on bring the bill to this point. I know report does not direct how the reduc- this issue. Of all people here, I under- there are some people on the sub- tion should be made. Should it be from stand it. I offered an amendment ear- committee and full committee who, the Import Administration that pro- lier this year to ban set-asides, to open now that we are on the floor, will aban- tects U.S. industry from foreign dump- up competition, and to say that in bid- don us on some of these issues. But I ing? Or should it come from the foreign ding on a Government contract you think we have before us a good bill and, commercial service that promotes U.S. have to be judged on merit; that you Mr. President, I appreciate the indul- industry overseas or from trade and in- cannot be judged based on gender or gence of the Chair as I outlined the dustry sector analysis? This bill just race. The American people say, by an bill. does not say. 80-percent margin, that they support Let me yield the floor for the distin- So, we have wholesale elimination of the merit system. America was built guished ranking member, a man who agencies. And we will have wholesale on it. Discriminating against people is has served on this subcommittee as reductions in force and office closures. fundamentally un-American, but the both chairman and ranking member, a They are not being highlighted in this Senate supports discrimination and man for whom I have very great re- report, but mark my words on that. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14495 Take the Small Business Administra- other uses for the money. But this bill Mr. President, the bill authorizes and tion. My friend SBA Administrator before us plans to give the FBI an in- appropriates funds for a new Commerce Phil Lader tells me that his appropria- crease of almost half a billion dollars Reorganization transition fund which tion for salaries and expenses means above this year—an increase of 20 per- finances personnel separation costs and that the SBA will have to lay off 1,200 cent in one year. I am all for my good termination costs for the various agen- of their 3,100 employees. friend Judge Freeh and the dedicated cies proposed for elimination. Mr. President, maybe I am old fash- agents who serve us. But a 20-percent It provides $395 million for economic ioned, but I will not join in this fad increase in 1 year? And when I look at statistics and the Census Bureau, an that denigrates public service. In the 25 the Immigration Service, we are add- increase of $84.5 million above the years I have worked on this bill, I have ing 1,300 border patrol agents per year, House bill, and $70.4 million above this learned that much of it supports what which again, is more than a 20-percent year. we in the budget game call salaries and annual increase. It provides $1.867 billion for the Na- expenses. What that means is that Now I stand second to none in my tional Oceanic and Atmospheric Ad- most of this bill funds people. And I support for the Justice Department. ministration [NOAA], a decrease of $45 have come to have great respect for the During the span that I last served as million below the current year, but $92 dedicated public servants who work subcommittee chairman of this appro- million above the House bill. Like the hard to serve the people of this coun- priations subcommittee, the Justice House, the NOAA fleet modernization try. Department grew from $3.9 billion in program is terminated. I think of Emilio Iodice, of the Inter- 1986 to $13.7 billion in 1994. In the Sen- For the State Department and inter- national Trade Administration, our ate, Attorney General Janet Reno national affairs agencies, the bill se- senior commercial officer in Madrid, probably does not have a bigger fan verely cuts State Department oper- Spain, who is hustling day in and day than me. But we have got to slow down ations funding $340 million below this out to get contracts for American busi- and take a look at where all this year’s level. This will result in the ness. I think of Dr. Neal Frank and Bob money is going. We have got to stop closing of many embassies and con- Sheets, of NOAA, who have run the the bidding war to see who can throw sulates around the world and the layoff hurricane center in Miami, FL, and more money at law enforcement to of 1,100 foreign service and civil service who worked around the clock to warn rack up political points. employees. us of killer storms. I think of Ambas- Mr. President, this bill is largely the The bill rescinds $140 million in prior sador Princeton Lyman in South Afri- story of two bills. For Justice and judi- year appropriations for embassy con- ca who is helping that nation build a ciary, it represents increases and for struction, repairs and maintenance. lasting democracy and of the many for- the remainder of the bill it will cause This will likely result in the cancella- eign service officers I have met. In my destruction. It did not have to be done tion of our new embassy in Ottawa, view, these State Department and this way. I would urge my colleagues Canada, and the elimination of repairs, USIA foreign service officers truly are to look at how much more reasonable maintenance and security improve- the best and the brightest. I sometimes and moderate the bill is that the House ments around the world. The bill assumes S. 908, Senator wonder how many of us could pass sent to us. The Contract With America HELMS’ authorization, which never pro- their stringent entry requirements. crowd developed a much more respon- ceeded in the Senate because of its con- And of course, I think of the many pro- sible bill. troversial provisions. This bill, how- fessional comptrollers who with us on a I would like to describe some of the ever, provides $890 million less funding day-to-day basis—people like Mike recommendations for my colleagues. for the State Department than Senator Roper at Justice, Mark Brown at Com- For the Commerce Department, the bill: Eliminates entirely several Com- HELMS proposed to authorize. merce, and Stan Silverman at USIA. The bill authorizes and funds a new With this bill, I worry about the mes- merce technology programs: the Tech- nology Administration, new Advanced Foreign Affairs reorganization transi- sage that we are sending to these dedi- tion fund and provides $26 million for cated public servants and young people Technology Program and manufactur- ing extension program grants. It elimi- this account. Bill language directs the who might want to enter government director of OMB rather than the Sec- service. I think we should be praising nates previous funding to modernize National Institute of Standards and retary of State to consolidate pro- these people for their service, not deni- grams under State, USIA and ACDA. grating them. Technology laboratories. The bill eliminates the Minority Funding for international organiza- JUSTICE INCREASES Business Development Agency, a pro- tions is cut by 37 percent below current In the Commerce, Justice and State gram created during the Nixon admin- levels. This year the United States paid hearing room in the Capitol, there is a istration to empower minority entre- $873 million to the United Nations, the painting of Edmund Randolph, our first preneurs, and to expand minority- Organization of American States and 49 Attorney General. I think about him owned businesses. other international organizations. when I look at what is happening to The bill eliminates the U.S. Travel These assessments are based on treaty this Justice budget in this bill. We are and Tourism Administration. obligations. In 1996, the administration throwing money at a problem without The bill cuts the International Trade requested $923 million for these obliga- being responsible. Do my colleagues Administration by $45 million or 17 tions. The bill provides only $550 mil- know when funding for the justice de- percent below a freeze. This would re- lion. We would have to pull out of a lot partment hit the $3 billion level? It was sult in office closures around the coun- of international organizations or sim- 1983. In other words, it took 194 years try and overseas, and debilitate our ply refuse to pay our bills. for the Justice Department’s budget to trade promotion efforts for U.S. indus- The U.S. Information Agency [USIA] reach $3 billion. And that is how much try. is devastated under the recommended the increase is for Justice in this bill It cuts the Economic Development bill. USIA is cut $364 million below the for just 1 year. That is nothing short of Administration [EDA] from its current current year and $53 million below the amazing. level of $410 million to $100 million. It House bill. I think most of us who were around reduces one of the only programs with This bill cuts international edu- in the early 1980’s realize that we tried a direct charter to assist communities cational exchanges, like the Fulbright to throw too much money at Defense impacted by defense base closures and program, by $43 million below the cur- too quickly. And as some will remem- realignments. rent year. ber, I was one of those who pushed hard It severely reduces the National Tele- The bill provides $355 million for to increase Defense in 1980. But, I fear communications and Information Ad- international broadcasting—the Voice that this is exactly what we are doing ministration [NTIA] operations, the of America, Radio Free Europe Lib- with Justice in the 1990’s. This year, public broadcasting and facilities pro- erty, and Radio and TV Marti. It is far the Federal Bureau of Investigation is gram, and it terminates the informa- below last year’s level, but above the unable to spend almost $50 million that tion infrastructure grant program and House. we gave it last year to hire more the children’s educational television For independent and regulatory agents. Of course, the bureau will find program. agencies, the bill terminates the Legal S 14496 CONGRESSIONAL RECORD — SENATE September 28, 1995 Services Corporation, current funding REWRITING THE CRIME BILL/LEGISLATION This bill is an atrocity. In my experi- of $400 million, and replaces it with a Finally, I oppose this bill because it ence in particular measures, it is voted civil legal assistance block grant under proposes to terminate the successful that way because, very conscien- the Justice Department. The bill car- Cops on the Beat program and other tiously, we did not have a chance to de- ries 13 pages of legislation including a authorized Violent Crime Reduction bate and rectify certain things. But I long list of restrictions on the use of Trust Fund programs. In their place, do not want to dwell on that too much these funds. For example, the block the appropriations bill essentially au- at length because the distinguished grant could not be used for helping a thorizes a new Crime bill. Talk about chairman of the full committee is poor person seek a legal separation breaking new ground for legislation on henceforth coming to the floor to try from an abusive spouse. an appropriations measure. to give us an additional allocation and The Corporation was created during The Cops on the Beat or Community correct some things, like the elimi- the Nixon Administration. I worked Oriented Policing program is one of the nation of the Minority Business Enter- closely with Lewis Powell in the en- most efficient and effective programs prise Administration—an entity that deavor, and I stood with my friend, that has ever been created. Within a started out with President Nixon back Warren Rudman, in his yeoman efforts year of passage, 25,000 additional police 25 years ago in 1970—and various other to save the LSC. Like the Senator from are on the street in America. We will things like that which were eliminated. Texas, I have had concerns about the be debating this program soon, in more The bill is called an atrocity because LSC being involved in class-action detail. But I must say that I simply do the distinguished chairman of the sub- suits. But the House bill had already not understand why any member would committee, for whom I have great re- dealt with that, and it retained funding want to terminate this program. spect, says we overturned laws. He is for the LSC. Drug courts is another authorized dead right in this particular measure. program. It was Janet Reno’s creation, It is not the function of an Appropria- The bill cuts all regulatory agencies based on her experience in Miami. This tions Committee to overturn laws. On at least 20 percent below a freeze. In is not a soft prevention program. Drug the contrary, we are supposed to con- each case, the bill uses fee collections courts work and are getting non-vio- form to the authorized law, or the law to cut appropriations even though lent defenders off of illicit substances authorizing the amounts, and there- these fees often were created to en- and back into society. upon appropriate within those particu- hance operations. The recommended This bill is block grant crazy. Legal lar amounts. bill will result in significant reductions services—They say, ‘‘Let us make it Here we see a measure that takes a in personnel and operations. into a block grant.’’ Community polic- bill that has been debated fully and The Federal Trade Commission [FTC] ing and drug courts—They say, ‘‘Let us voted three readings in the House, is proposed to receive $79 million in- make it into a block grant.’’ I guess I three in the Senate—with respect to stead of $98 million as proposed by the do not understand. I remember the Re- cops on the beat—signed into formal House and provided currently. The FTC publican filibuster against the Presi- law, the law of the land, and partici- is charged with consumer protection dent Clinton’s stimulus package in the pated in with enthusiasm by the over- and anti-trust duties. Again, we are spring of 1993. As I recall, the principal whelming majority of the police forces looking at a one-third reduction in argument against that bill was that it over the entire country. It is a program staff and cancellation of many impor- was funding block grants and recipi- that is working and working extremely tant programs such as the FTC’s ef- ents had a wide discretion of how they well. forts to combat telemarketing fraud. could use block grants. In law enforce- Without any authorization, that law, The Federal Communications Com- ment in the past, we had a block grant as provided by way of money in this mission [FCC] is proposed to receive program—LEAA—and it was a disaster. measure, is overturned. It is just re- $166 million instead of the current level Mr. President, this bill contains pealed. The formal law is totally dis- of $185 million. We keep giving new re- many other pieces of legislation. It regarded, and in its place, we have a so- sponsibilities to the FCC under the takes the limits off of sales from prison called block grant approach. communications bills, but here we are labor, and it changes affirmative ac- Similarly, with respect to the Legal cutting them below current levels. tion and procurement regulations. Services Corporation, that was more or The Securities and Exchange Com- I hope that my colleagues will care- less created by the distinguished mission [SEC] is funded at $238 million fully examine this bill. Many have said, former Associate Justice of the Su- instead of the current level of $297 mil- ‘‘Yes, it is a travesty, but the President preme Court, Justice Powell, when he lion. Further, the bill reduces charges will veto it.’’ That may be true. All in- was president of the American Bar As- to individuals registering securities dications are that it could not be sociation. Here is a corporate entity, and shifts $60 million in costs to the signed in its current form. the Legal Services Corporation, federal taxpayers. So I guess that says I, for one, hope that the Senate will worked in by the private sector, by the we want to combat violent crime in not go on record by supporting such an professional attorney sector and by the Justice, but white-collar crime by Ivan extreme, irresponsible measure. I hope Federal Government in a most success- Boesky is fine. we can make some changes to this bill ful fashion, but it is not within this and improve it. bill. That endeavor that has been going The Competitiveness Policy Council Mr. President, obviously I am not on successfully for years is totally is eliminated. disposed to speak at length, but I have overturned and repealed. A new pro- The Maritime Administration is to comment about my distinguished gram is put in. It is not authorized. funded at $70.6 million instead of $94.7 colleague and his opening statement on Of course, the parliamentary tactic is million, the current level, and far two or three items. Just in closing, he to raise a point of order. But in the below the administration’s request of said: This is open. This is the way we spirit of trying to move along, we can $309 million. do it. It is open to debate. We debate have some votes around here on points The Small Business Administration these things, and we vote on them and of order and everything else. But I am [SBA] is funded at $558 million, $359 we make decisions. not trying to turn back anything million below this year, and $73 million Unfortunately, having been on this parliamentarily. I am trying to turn it below the request. SBA says that they committee for over 25 years, in this back on the basis of merit. will have to reduce over a third of their subcommittee we did not debate, we But if you go through this particular workforce based on the committee’s re- did not discuss, and we did not do any- measure, they come down real hard on port language direction to fund grants thing other than vote. That is why the the future of this country with respect and loans instead of personnel. This ig- bill comes on a bipartisan split, so to to, for example, the programs within nores many of the streamlining efforts speak, of 15–13. It reminds me of Mao the Department of Commerce and the that Erskine Bowles and Phil Lader Tse-tung when he got a birthday wish. Department of State. The Department have already accomplished, resulting It said, ‘‘From the Central Committee, of State is not really left with an oper- in reduction of 500 positions during the by a vote of 15 to 13, we wish you a ating budget. We have been closing past 2 years. happy birthday.’’ consulates and closing down various September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14497 endeavors on behalf of the Department Our foreign policy, our security as a broke in the year 2002. Last year, that of State over the last 15 years. Some- nation, our success in this global com- same entity reported it was going how, somewhere, people have forgotten petition, rests like a stool on three broke in the year 2001. At least we got that, after all, we had President legs. We have, on the one leg, the val- one year’s grace out of the discipline Reagan come to town with spending ues of a nation which are very strong that we set for spending cuts and reve- cuts, and then President Bush. After 8 and are unquestioned. America volun- nue increases and foregoing programs. years of President Reagan and Presi- tarily will try to feed the hungry in So- Let me qualify. I speak about this dent Bush for 4 years, we had 12 years malia, voluntarily will try to set up de- budget because I can tell you here and of spending cuts. Then we had, of mocracy in Haiti, and now is trying to now they act like they have a budget course, President Clinton come to town help, of course, in Bosnia and in the that we have to conform to so their and cut out another $500 billion in Mideast where they are meeting right budget balances in the year 2002. Abso- spending cuts. now. With respect to our values, it is lutely false. For one, this particular So what we are on to is the tail end, very strong, and with respect to our Senator voted against that silly so to speak, of 15 years of various military leg, it is unquestioned. But Reaganomics which at the time was spending cuts whereby programs like with respect to the economic leg, over called by the then majority leader a WIC, Head Start, title I for the dis- the past 45, almost 50 years, it is frac- ‘‘river boat gamble,’’ the then Vice advantaged, and many others, are only tured and willingly so. President as ‘‘voodoo,’’ and now we half funded, as are many programs in We set up the Marshall plan. We sent have ‘‘voodoo’’ all over again—going on health research. That is the reason we our money and our technology and our all over this Hill. We do not have a just rejected, by way of extended de- expertise to countries abroad in the sense of history whatever. I opposed bate, the Labor, Health, and Human conflict between capitalism and com- that voodoo and proposed instead a Resources appropriations bill. For munism, and capitalism has won out. budget freeze like the mayor of a city every dollar we spend over at NIH, we And we are all very grateful for that. or the Governor of a State. What they save the taxpayers $13.50. But during that 50-year period, what do is just take this year’s budget for So these money-saving programs we had to do was sort of sacrifice our next year. We would save billions. We have run into a frontal assault of a so- economy and give up markets with the could not succeed. called political contract that is dev- assault on market share. We had to I then joined with the distinguished astating to the functioning of our soci- give up markets to our friends in the chairman of our subcommittee in ety. Pacific rim, in Europe, and otherwise Gramm-Rudman-Hollings, and we said I almost wish when it comes to the around, with a sort of nudist trade pol- let’s have not only freezes, but we are Department of Commerce that Presi- icy—running around here like ninnies going to have automatic spending cuts dent Clinton had said we ought to get hollering ‘‘free trade, free trade’’— across the board. And that worked. Mr. rid of the Department of Commerce. If when there was not any such thing, and President, it worked, until 1990, when President Clinton said we have to get it is not now. We all understand that. they repealed it. And at 12:41 a.m., Oc- rid of the Department of Commerce, But now with the fall of the wall tober 19, 1990, I raised a point of order the whole business community—all of comes the opportunity to rebuild the against the repeal. And let the RECORD that crowd that runs under the white strength of the economy. Yes, in many show who voted to repeal it. tent for NAFTA and for GATT, and all instances, that means more govern- Now they are running around and the Republican crowd, all of those ex- ment. I want a Senator to say that on saying it did not work. They repealed ecutives, that Business Round Table— the floor of this U.S. Senate. What we it because it was working. It was going would come running up here: ‘‘What do need is more in education, more in the to cause cuts across the board. I went you mean this Democratic President is inner-city restructuring, more in along in 1988 with tax reform in order trying to do away with the voice of transportation, more in science and to close loopholes. business at the Cabinet table?’’ You technology, and more in medical re- So we had budget freezes, we had cannot find them today. Why? Because search. That is exactly what we are not budget cuts, and we had loophole clos- the Republicans thought of that idea. doing in this particular measure here. ings. And then, if you please, Mr. Presi- Yes, labor is to have a voice at the Let me go right to the point about dent, I came with increased taxes, a Cabinet table, but not commerce, the the President’s budget for which we get value-added tax proposed in the Budget business leadership. Agriculture is to a gratuitous statement from our dis- Committee where I got eight votes, and have a voice at the Cabinet table, but tinguished chairman of the subcommit- I got Republican colleagues to go they want to do away with the Depart- tee. He said again that the President’s along. And we had a discipline trying ment. You will not find agriculture in budget would not be in balance at the to offset this deficit and an end of in- the Constitution. You will not find the second coming, and had $200 billion creased deficits as far as the eye can Labor Department there. But you will deficits as far as the eye can see. If you see. find, under article I, section 8 of the want to read the gratuitous statement, Right now, the deficit that is pro- Constitution, that the Congress is you just look at the committee report jected—we will get it —but it is not 100 hereby authorized to regulate foreign of State, Justice, Commerce, and on something, not 200. It is near $300 bil- commerce. We are doing away with page 4. I will quote this one sentence: lion. I will enter the exact figure in the constitutional responsibilities in a The administration’s request in a budget RECORD. All you need do is figure out willy-nilly contract fashion. Now with that made no attempt to balance the budget, how much the Government takes in the fall of the wall, we really look upon not in 7 years, not in 10 years, not ever. and how much it spends and find the the State Department to promulgate Here comes a committee report from difference. our values the world around and cap- a crowd that we could not get a single I do know that as a result the inter- italism the world around along with vote from to cut $500 million in spend- est costs for the fiscal year beginning the Department of Commerce. ing and raise revenues to pay for some on Sunday, October 1, fiscal year 1996, Very interestingly, that is exactly of these programs. Yes, we raised taxes the interest costs on the national what they are doing. Secretary Chris- on Social Security, and $25 billion of debt—as a result of that voodoo and topher and Secretary Brown have been the increased revenue on Social Secu- that riverboat gamble—is $348 billion. doing an outstanding job, but there is rity we gave to what? To Medicare. We only have 365 days a year, so that is no acknowledgment or recognition of it They are running all over the Hill. ‘‘It $1 billion a day practically that we go whatever in this particular appropria- is going broke. It is going broke.’’ Last down to the bank the first thing in the tion. Rather, they tried to do away year they said, ‘‘What is the matter? morning and borrow—$1 billion a day. with the technology, the advanced Nothing is wrong with America’s None of these plans, neither the Re- technology program, the manufactur- health programs. It is the best health publican nor the Democratic plan, ing centers, the Office of Technology system in the world. What is the mat- saves $1 billion a day. and all, as we go on down the list— ter? I try my best to keep pointing this these various endeavors to keep Amer- I can show you the same crowd that out to get level so we all speak the ica competitive. they quote now as saying it is going same language. Only this past week, I S 14498 CONGRESSIONAL RECORD — SENATE September 28, 1995 wrote the Congressional Budget Office. Committee they were $80 billion shy I remember when we used to balance I said that my friends on the other side last week. the budget year to year. In fact, Presi- of the aisle continued to talk in terms Someone said, no, they got up, meet- dent Reagan said, ‘‘I’m going to bal- of a balanced budget by the year 2002. ing last night, to about $15 billion, and ance that budget in a year.’’ He got I ask unanimous consent that I may they are still trying to find it. But if into Washington and said, ‘‘Whoops, include the letter in the RECORD dated they go through with the contract and this is going to take me 3 years. I did September 25 from the Congressional do away with the Social Security tax not realize it was so bad.’’ Budget Office, June E. O’Neill. increase, they will have to find another Here was a gentleman who was going There being no objection, the letter $25 billion. They are shy there. to do it in a year. Then we got to 3 was ordered to be printed in the I can go to welfare reform. We passed years. Then under Gramm–Rudman- RECORD, as follows: welfare reform. It was a $63 billion sav- Hollings we got to 5 years. Now, this ings. The budget that they say is going U.S. CONGRESS, crowd comes with 7 years. And I can to be balanced called for a $113 billion CONGRESSIONAL BUDGET OFFICE, tell you within the next election we Washington, DC, September 25, 1995. savings. That is $50 billion shy there. will come and have—excuse me, Presi- Hon. ERNEST F. HOLLINGS, The agricultural and everything crowd dent Clinton has already gotten to 10 U.S. Senate, Washington, DC. said, no, we had not met our figure. It years. Now he has come back to 9. DEAR SENATOR: This is in response to your is smoke and mirrors. We are going up, up, and away; 15 letter of September 20 concerning CBO’s So what you see now is the moment years. Say anything except to do the scoring of the budget resolution for fiscal of truth. And I only mention this to get job and tell the American people that year 1996 adopted by the Congress. Because a that moment of truth out. We ought to budget resolution represents a general plan we have to deny programs and we have level with each other. You cannot get to raise taxes. We have to cut spending. for future Congressional action rather than on top of this cancer of interest costs specific legislative proposals, CBO cannot We have to freeze spending. We have to provide estimates for a budget resolution in on the national debt unless you do all close loopholes. We have to do all of the same sense that it estimates appropria- of the above. All of the above includes the above to save $1 billion a day. This tion bills or bills that provide changes in di- spending cuts, spending freezes, loop- particular budget that we have that we rect spending or revenues. CBO has compared hole closings, tax increases, and deny- are working on at this particular time the spending, revenues, and deficits proposed ing new programs. does not come near to saving $1 billion by the budget resolution with those pro- We just voted earlier this week—I a day to get us really rid of any kind of jected by CBO in Chapter Three of its August hated to vote against the distinguished deficit at any time during that 7-year 1995 report, The Economic and Budget Out- Senator from Maryland, Senator MI- look: An Update. A copy of that report has period. KULSKI, and her AmeriCorps Program— Now, Mr. President, the distin- been enclosed. but I can tell you now that that pro- If you wish further details about this com- guished chairman of the subcommittee gram was going to cost billions and bil- parison, we will be pleased to provide them. talks about philosophy—and I must lions. I did not think we ought to start The staff contact is Jim Horney. touch on that and then we can go to new programs that we could not afford Sincerely, these amendments—the philosophy AMES LUM and specifically not start an J L. B here that they are trying to justify (For June E. O’Neill). AmeriCorps Program for education these programs to get things back to whereby in order to get 25,000 scholar- Mr. HOLLINGS. The Republican where they can do it as they please. ships we had to do away with 346,000 budget, the Kasich budget, the Ging- They said, if they really want to buy student loans. rich budget, or whatever budget you equipment, then they can do that. If want to call it that they are talking That is what we did. We took the money from the student loans and put they want to put policemen on the about balancing, has never been scored. beat, then they can do that. It is the The distinguished chairman of the it into a new program and talked about voluntarism. I happen to have been old adage that the best government is Budget Committee is here and we that closest to the American people, worked together when he was ranking down there the Sunday after Hugo hit us in our own backyard in South Caro- the Jeffersonian philosophy. And I gen- member and I was chairman. I can tell erally adhere to that except through you here and now, after we passed that lina. There was the mayor and me and we had 1,500 to 2,000 volunteers that hard experience. budget in May, we sent over the as- Within the field of law and law en- sumptions so that the Congressional were working in the rain. We asked for a show of hands and we had them from forcement, we have had our experience. Budget Office could score it. Those We had what you call the legal assist- scores have never been sent over. From 38 States. People volunteer. When little Mr. Segal called me ance enforcement program, LEAA, and time to time they have asked ques- about this particular program and said that particular program gave block tions: If we do this, we save that; if we we already have 2,000 out there work- grants back to the States and commu- do this, we save that. ing in the flood year before last, I said, nities. And when we looked around, we But we do not have a CBO-scored fig- ‘‘Young man, you have 2 million out had—please, my gracious—down in ure for President Clinton’s budget and there working without this program. Hampton, VA, they bought a tank and we do not have a CBO figure for the Re- You do not need a program at the Fed- put it on the courthouse lawn and publican budget. eral Government level to start volunta- thought the courthouse was going to be Watching all of this as it occurs, at rism.’’ attacked. The sheriff down in Alabama, this particular time, I can guarantee So the pressures brought on this par- he bought a tank because he was going you that it will not be balanced in the ticular budget are really politically to have crowd control. The Governor in year 2002. And anybody who wants to manufactured where we are not going Indiana, he bought an airplane so they bet me, pick out the odds and the to balance anybody’s budget. We are could fly to New York and buy clothes. amount. I will jump off the Capitol just going to get rid of the Govern- And they had all kinds of embarrass- dome if this budget is balanced by the ment. That has been the cry of the con- ments where the money never got year 2002. I can tell you that here and tract—that the Government is not the through to the policemen on the beat. now. solution, the Government is the prob- Now, there is no education in the sec- What happens is exactly what hap- lem, the Government is the enemy. ond kick of a mule. We learned from pened, as the distinguished Presiding So what you have here is a $283 bil- hard experience. So we came around Officer and I viewed it this morning in lion estimated deficit for 1995. That is with community policing and police- the Committee of Commerce. We were the accurate figure as between what we men on the beat and said, in order to allocated $15 billion. What did we do? will take in and what we will spend. So qualify, you have to come with a We took $8.3 billion that we have al- let us not get high and mighty and match of 25 percent. And it is working ready allocated in the telecom bill. So start criticizing about how I got a bal- extremely well. we double-counted that already. Talk anced budget 7 years from now when Now they come with the philosophy about smoke and mirrors. We are not people will be lucky to be around 7 of getting the grants back, which re- going to have smoke and mirrors. I un- years from now and they will know minds me—and I have, of course, a derstand, of course, that in the Finance good and well they will come again. memory that is resented many, many September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14499 times. But I am referring to the stimu- well as our educational programs be- armament Agency [ACDA]. More than lus bill where when President Clinton hind the wall. three decades ago, President KENNEDY came to town, we were going to stimu- We agree on many, many things. But and the Congress decided to create by late the economy. And the distin- generally speaking, we did not have a statute the Arms Control and Disar- guished chairman of my subcommittee, chance to debate these things. Unfortu- mament Agency—which was then and now who believes in block grants, said, nately, we had not conformed the ap- remains now the only separate agency heavens above, ‘‘We are going to use it propriations to the basic statutes, of its type in the world. If the Congress for cemeteries, for whitewater canoe- whatever. We have just run willy-nilly eviscerates ACDA and perversely re- ing, for fisheries, atlases, for studies of through the programs trying to abolish wards its employees by discharging the sickle fin chub,’’ and all these dif- departments and the working programs them, we will do grievous damage to ferent other programs back at the local that have done so much for our society. our ability to lead the world in effec- level. And the Senator slaughtered I yield the floor. tive arms control, to verify compliance President Clinton’s stimulus program— Mr. PELL addressed the Chair. of often hostile nations with their arms The PRESIDING OFFICER. The Sen- just killed it dead in its tracks here on control obligations to us, and to deal ator from Rhode Island. the floor of the U.S. Senate. Mr. PELL. I thank the Chair. effectively with new arms control and Now we come with the philosophy: Mr. President, the Senate is consider- proliferation threats. Whoopee, let us get the money back to ing the appropriations bill for the Com- As I said moments ago, it would be the Government; we are not smart merce, Justice and State Departments. tempting to continue at length about enough to do anything here in Wash- It would be tempting to address this the impact of this and other bills on ington; only the people back home are bill in the same fashion as I have other programs such as arms control, the smart enough. So here we go again. measures during this session which United Nations and U.N. peacekeeping. Here we go again, changing the forma- have contained drastic—indeed, draco- Today, however, I want to discuss this tive law and making it into block nian—spending cuts. The natural incli- bill in broader and more far-reaching grants. Taking working programs like nation is to talk about how the cuts terms. Whether or not the Senate cares policemen on the beat and the Legal will affect specific programs or poli- to admit it, our decisions and actions Services Corporation. Abolishing these cies, many of which are vital to the se- this year are going to have a direct and laws in that sense and providing mon- curity of our Nation or the well-being negative impact on America’s place in ies for a program that has already been of our people. the world, and on our fundamental re- derided in the most expert fashion by In this context, I would be led to talk lationships with other world powers. my distinguished chairman. about how the CJS appropriations bill, I am very proud of the U.S. record of I can tell you now that we could not as reported by the committee, lops off leadership, achievement, and engage- possibly go along with the block more than $1 billion—I repeat, more ment in international relations. Twice grants. I think the President said he is than $1 billion—from the President’s in the 20th century, our Nation stood going to veto that particular approach. request for the foreign affairs agencies. with its allies to fight on a global scale Maybe we can reconcile it. I hope some There will be dramatic reductions in against aggression. During the cold of the defects of this particular bill can spending for the administration of for- war, the United States took the lead to be cared for in Senator HATFIELD’s and eign affairs, for the acquisition and contain the hegemonistic designs of my amendment. We worked until 1 in maintenance of buildings, for the U.S. the former Soviet Union. In the early the morning on this particular amend- assessed contributions to the United 1990’s, the United States led an inter- ment. I think it will meet generally Nations, for U.S. contributions to U.N. national coalition of forces in turning with the approval of the colleagues. peacekeeping, and for international ex- back Iraq’s illegal grab of Kuwait. And a reallocation here, I am grate- change programs. ful for that help. Of course, there are Equally as important, however, are I understand that the chairman of the battles we did not fight—the con- fundamentals still involved. And I will the Appropriations Committee may flicts that we avoided, the crises that say it right to the point. We will be de- offer an amendment which may add ad- we averted through diplomatic discus- bating these things, as the distin- ditional funds to the foreign affairs ac- sion and pressure. Even if we made guished chairman says. What we have count—which I applaud and will sup- mistakes from time to time, we were done is really savaged Commerce and port. I must speak now, however, to the successful in all of these endeavors be- its programs, the State Department, bill as reported by the committee. and, more or less, force-fed a goose in Many of my colleagues know that cause of our belief in principles, our Justice. When I say ‘‘force-fed a goose these are programs and functions that commitment to do what we thought in Justice,’’ I look at the particular are extremely important to me. When I right and our willingness to be actively figures. recently announced my intention not engaged. Our decisions, policies, and I can see that it took us from 1789 to to seek reelection to the Senate, some programs were often costly in both 1983 or 1984 to get to a $3 billion Justice of my fellow Senators graciously came human and material terms, but they Department budget. But it has only to the floor to say some very kind made our world a safer place, and our taken us the last 15 years to quadruple, things about me. For that I am deeply Nation a better and more profitable quintuple—excuse me—and go up, up grateful, and indeed humbled. One place to live. and away to $16.95 billion in this par- thing that struck me that day was how Our motivation sadly seems to have ticular 1996 appropriation. I know we many of my colleagues mentioned my changed. Decisions are being made out have had various crime bills. I know we support for the United Nations, and the of political expediency rather than have had the problems and everything fact that I have carried a copy of the sound judgment. Our impulse as politi- else of that kind. But I can tell you charter with me for many years. cians—particularly this year—is to now that we have, with all the budg- I have not carried it with me all of rush willy-nilly to make budget cuts etary constrictions, to get a little bit this time just for show and tell. I carry for their own sake, without regard to better balance in this particular meas- it because I believe in it, and I think the consequences. Instead of using rea- ure. that it has represented—and continues son and analysis to construct a foreign And in some of these, I am definitely to represent—one of our best hopes for policy, we are using calculators. of a mind where the Senator from international peace and security. If we We must stop, think, and take a good Texas and I agree that you should not proceed with the reductions in funding hard look at how the United States can abuse the use of legal services money for the U.S. contributions to the regu- expect to project its power and influ- to sue the State and Governor and Leg- lar and peacekeeping budgets, however, ence under the circumstances now pro- islature of New Jersey over welfare re- the charter will become nothing more posed. The State Department and the form. We agreed that we could work than pretty words. There will be no foreign affairs agencies—our Nation’s the prisoners. I have worked prisoners point, and no joy, in carrying it in my eyes, ears, and voice to the world—can- as a Governor. I put in a laundry pro- pocket. not carry out its mission if they gram. I put in a furniture repair pro- I have also been a consistent advo- haven’t the personnel, resources, and gram. I even had a Jaycee chapter as cate of the U.S. Arms Control and Dis- infrastructure required by the times. S 14500 CONGRESSIONAL RECORD — SENATE September 28, 1995 It is not just a matter of doing more Department and our overseas employ- am talking to on the other side of the with less. I know the fiscal imperatives ees. aisle. of our time, and appreciate that we are Recently, some have found it fashion- So if the Senator will withhold, I will required to spend less and consolidate able—and even humorous—to charac- go back and talk to them and maybe functions and responsibilities. The terize the Foreign Service as a coddled look at these offsets and see if we can spending reductions in this bill are so group of elitist intellectuals who shun work it out. I want to be sure that the severe, however, that the United States hard work. As a former Foreign Service same resources are not being promised will be forced to close dozens of critical officer, I reject the characterization to two or three different places. posts overseas, to renege on treaty and am compelled to pay tribute to the The PRESIDING OFFICER. Does the commitments, and simply disengage dedicated and capable men and women Senator withdraw his unanimous-con- from diplomatic activity. That is not who comprise our diplomatic corps. I sent request? sound fiscal policy, and it is certainly know how hard they work, and how Mr. DOMENICI. No, I reserve it for a not leadership. It is isolationism. We dedicated they are to serving our Na- moment. I will just stay here in any are shutting ourselves off from the tion’s interests. Some of them, as we event, I say to the Senator. If we do world, and our Nation’s security and have just seen in Bosnia, have made not agree to it, I will be here until Sen- economy will suffer. the supreme sacrifice of giving their ator HATFIELD’s amendment is disposed I do not use the term isolationism lives in service to the country. of and then seek the floor. I withhold lightly. It is a serious charge, but one Mr. President, we should honor these my request. that I think is accurate. We must ac- men and women and give them our full Mr. President, might I just comment knowledge the impact of this bill on appreciation. At a minimum, we should to my good friend Senator HOLLINGS, I our ability to work with other nations, see that they have a basic level of sup- want to share a thought with him. He and understand that by violating our port to handle their ever-increasing re- was talking about jumping off the Cap- international commitments, we will sponsibilities. We would never send our itol at the end of this year if we do not undermine our own national security. soldiers to war without support in have a balanced budget. And make no mistake, this bill will depth; why would we send our dip- Mr. HOLLINGS. No, when you say it force us to violate our international lomats—whose service is no less noble is going to be balanced. commitments and will have an adverse or patriotic than that of any soldier— Mr. DOMENICI. What I suggest to impact on virtually every aspect of the to do political battle with virtually no my good friend, maybe in the mean- quality of life of our citizens. support at all? time, there are those hang gliders. Our Allow me to give some examples. In Mr. President, we are forsaking the Governor does that. 1990, the Bush administration pledged lessons of history for political oppor- Mr. HOLLINGS. Yes. that the United States would meet its tunism. The proponents of this bill will Mr. DOMENICI. You go off and learn treaty obligation to pay its U.N. dues insist that they are not isolationists, how to jump off mountains and you do in full, and that we would pay off our but they must realize that their pro- not crash. arrears. This bill would violate that posals will lead us into isolationism. Mr. HOLLINGS. Right. pledge, and we will become the world’s We cannot influence the decisions of Mr. DOMENICI. Since I am so sure biggest deadbeat. At a certain point— international bodies if we are not there we are going to get one, I would not which is fast approaching—we will lose to participate. And if we try to partici- want the Senator to fall off the Cap- our vote in the U.N. General Assembly pate without paying our bills, no one itol. I would like him to get trained a because of the size of our arrears. This will listen to us. That is isolation in little so when he jumps off, he will be bill will also affect our obligations to the truest sense of the word. Mark my all right. It is just a constructive idea NATO, to the International Atomic En- words: if we continue down the path we because I have so much respect and ad- ergy Agency, to the International Tele- are now heading, our children will be miration for the Senator. communications Union, and to the left with one of two choices. The first Mr. HOLLINGS. I will put you in World Health Organization. In other is to accept that their forebears let there with me. words, we will have a diminished role their country become a xenophobic, Mr. DOMENICI. If you are good, I to play in the critical fields of inter- second-rate power with a shrunken and will join you. national security, nuclear non- insulated economy. The second is to re- Mr. HOLLINGS. Yes. proliferation, global communications, fight the battles for which our genera- Mr. DOMENICI. Mr. President, I just and international health. tion already has paid so dearly. Nei- want to comment on Senator HOL- We also would hamstring the work of ther, in my view, is an acceptable LINGS’s rather lengthy and, clearly, lesser-known but important organiza- choice. from his standpoint, a very important tions such as the Hague Conference on I yield the floor. speech about a balanced budget. Private International Law and the Mr. DOMENICI addressed the Chair. I first want to say, if we accomplish International Institute for the Unifica- The PRESIDING OFFICER. The Sen- in the next 45 days what was in the tion of Private Law. Both of these are ator from New Mexico. budget reconciliation instruction, and making vital contributions to simplify- Mr. DOMENICI. Mr. President, I rise if we stick to the caps on appropria- ing and unifying the international for a couple of minutes. First, I ask tions, which we have done, I under- legal system. How many times have we unanimous consent, if Senator GRAMM stand even points of order have been interceded on behalf of constituents in and Senator HOLLINGS will consider sustained on the floor without even the international adoptions, or in cases of this, that the Domenici-Hollings thought of exceeding the caps, my parental abduction, or in the enforce- amendment on legal services follow the guess is the unexpected result will be ment of legal judgments? This bill will amendment to be offered by Senator the Congressional Budget Office will afford our constituents less protection HATFIELD. tell us that we are on a path to a bal- in such matters, and we will be respon- Mr. HOLLINGS. We have no objec- anced budget, and we will get there. sible. tion. In fact, I would not be surprised if As a broader, practical matter, Mr. GRAMM. Reserving the right to when we finish that exercise that they American citizens will be far less able object, I have been talking to several do not tell us that there is, indeed, to rely on U.S. Government support other Members. We are trying to work some kind of a small surplus. And I abroad as a result of this bill, whether out an agreement where we might ac- just want the Senators who are voting it be in consular, commercial, or politi- tually reduce it down to four amend- for all of that to know they did price cal matters. My guess, and it pains me ments that we would have on the bill. out that budget resolution. They priced to say this, is that the Congress will The Senator’s would be one of those it out so that they could tell us that, in try to duck its responsibility for such amendments, but it may very well be— fact, there was going to be a rather an outcome. Instead of facing up to our as you know, there is competition for substantial economic dividend that put constituents and explaining why they these offsets. Before I can accept that us in the black. I know my good friend cannot find support or relief, Members unanimous-consent request, I have to does not agree with that. He did not will try to shift the blame to the State go back and talk to the people that I vote for it and does not support it. I September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14501 think it is a very historic budget reso- crowd that came and talked and said Senator HATFIELD, in that capacity. I lution. In all respects, it does what the they were going to save us from waste, think it is fair to say that the success Senator suggests, save one. In all re- fraud, and abuse. In fact, I got an that I have had in bringing the bill to spects, it does the kinds of things we award from the Grace Commission, this point is, in no small part, due to said we ought to do. It just does not working with them. By 1989, we had to the assistance that I have had from the raise taxes. The rest is there—the re- report it, and 85 percent of the Grace distinguished Senator from Oregon. I form and the elimination of programs, Commission recommendations had simply want to say that the Senator the suggestions, the freezes—they are been implemented. from Oregon has not only been very all part of this very difficult effort. However, wanting to do away with helpful to me in this bill, but I think I yield the floor. waste, as we talked—look what actu- he epitomizes what the skilled and Mr. HOLLINGS. Mr. President, I ask ally occurred. It has gone to the great- dedicated legislator is all about. unanimous consent to have printed in est waste in the history of the Govern- I had a great deal of respect for Sen- the RECORD at this point the actual ment—from $74.8 billion to $348 billion. ator HATFIELD before we started trying record of the gross Federal debt begin- Over $200 billion just in increased in to put together this very difficult bill. ning in 1945 going right on down to the costs for nothing. If we had the two- I have even more respect for him now. estimated 1996 debt, and the real deficit hundred-seventy-some billion dollars In case we have the miracle of miracles going from 1945 down to 1996 with the here now for these things, you would and we work out an agreement and this gross interest costs, which has only not have extended debate on labor, bill quickly becomes law and every- been computed to be included since health and human resources. We would body scatters to the far ends of the 1962. have the money for those programs. continent, and maybe in some cases to There being no objection, the mate- You would not have an amendment on the far ends of the world, I just wanted rial was ordered to be printed in the Legal Services. We would have pro- to say how much I appreciate the dis- RECORD, as follows: vided for it and for cops on the beat tinguished chairman for the personal and for the State Department, and the help and council he has given to me. He Gross Change Gross strengthening of our technology, and certainly is deserving of our thanks Year Federal Real (in per- inter- debt deficit all. and our appreciation. (billions) cent) est My point is that we keep on talking, Let me, in waiting for the amend- 1945 ...... 260.1 ...... (...... ) ...... and we get estimates from the CBO and ment to be ready, simply suggest the 1946 ...... 271.0 +10.9 (+4.2) ...... 1947 ...... 257.1 ¥13.9 (¥5.1) ...... all of these econometric models and all absence of a quorum. 1948 ...... 252.0 ¥5.1 (¥2.0) ...... the economists that we keep following The PRESIDING OFFICER. The 1949 ...... 252.6 +0.6 (...... ) ...... 1950 ...... 256.9 +4.3 (+1.7) ...... and, as old Tennessee Ernie said, we clerk will call the roll. 1951 ...... 255.3 ¥1.6 (¥0.6) ...... are another day older and deeper in The assistant legislative clerk pro- 1952 ...... 259.1 +3.8 (+1.5) ...... 1953 ...... 266.0 +6.9 (+2.7) ...... debt. ceeded to call the roll. 1954 ...... 270.8 +4.8 (+1.9) ...... I yield the floor. Mr. GRAMM. Mr. President, I ask 1955 ...... 274.4 +3.6 (+1.3) ...... unanimous consent that the order for 1956 ...... 272.7 ¥1.7 (¥0.6) ...... Mr. SIMON. Will my colleague yield 1957 ...... 272.3 ¥0.4 (¥0.1) ...... for a moment? the quorum call be rescinded. 1958 ...... 279.7 +7.4 (+2.7) ...... The PRESIDING OFFICER. Without 1959 ...... 287.5 +7.8 (+2.8) ...... Mr. HOLLINGS. Yes. 1960 ...... 290.5 +3.0 (+1.0) ...... Mr. SIMON. Mr. President, I simply objection, it is so ordered. 1961 ...... 292.6 +2.1 (+0.7) ...... Mr. GRAMM. I ask unanimous con- 1962 ...... 302.9 +10.3 (+3.5) 9.1 want to acknowledge that the person 1963 ...... 310.3 +7.4 (+2.4) 9.9 who educated me on gross interest over sent that the pending amendment be 1964 ...... 316.1 +5.8 (+1.8) 10.7 temporarily set aside for the purpose of 1965 ...... 322.3 +6.2 (+2.0) 11.3 against net interest was the Senator 1966 ...... 328.5 +6.2 (+1.9) 12.0 from South Carolina. considering a technical amendment 1967 ...... 340.4 +11.9 (+3.6) 13.4 Administrations like to put net in- which has been cleared on both sides. 1968 ...... 368.7 +28.3 (+8.3) 14.6 1969 ...... 365.8 ¥2.9 (¥0.8) 16.6 terest into their budgets. We do not do The PRESIDING OFFICER. Without 1970 ...... 380.9 +15.1 (+4.1) 19.3 that with any other function of Gov- objection, it is so ordered. 1971 ...... 408.2 +27.3 (+7.2) 21.0 1972 ...... 435.9 +27.7 (+6.8) 21.8 ernment. We do not say the Justice De- AMENDMENT NO. 2813 1973 ...... 466.3 +30.4 (+7.0) 24.2 partment took in so many dollars in (Purpose: To make certain technical 1974 ...... 483.9 +17.6 (+3.8) 29.3 1975 ...... 541.9 +58.0 (+12.0) 32.7 fines and everything, therefore, their corrections) 1976 ...... 629.0 +87.1 (+16.1) 37.1 budget is that much less. It is the gross 1977 ...... 706.4 +77.4 (+12.3) 41.9 Mr. GRAMM. Mr. President, I send a 1978 ...... 776.6 +70.2 (+9.9) 48.7 expenditure of the Justice Department. technical amendment to the desk and 1979 ...... 829.5 +52.9 (+6.8) 59.9 But because administrations like to 1980 ...... 909.1 +79.6 (+9.6) 74.8 ask for its immediate consideration. 1981 ...... 994.8 +85.7 (+9.4) 95.5 fuzz things up a little bit, they were The PRESIDING OFFICER. The 1982 ...... 1,137.3 +142.5 (+14.3) 117.2 using net interest. The real figure is 1983 ...... 1,371.7 +234.4 (+20.6) 128.7 clerk will report. 1984 ...... 1,564.7 +193.0 (+14.1) 153.9 gross interest. I want to acknowledge The assistant legislative clerk read 1985 ...... 1,817.6 +252.9 (+16.2) 178.9 Senator FRITZ HOLLINGS for having 1986 ...... 2,120.6 +303.0 (+16.7) 190.3 as follows: 1987 ...... 2,346.1 +225.5 (+10.6) 195.3 educated me on this. And I hope he is The Senator from Texas [Mr. GRAMM] pro- 1988 ...... 2,601.3 +255.2 (+10.9) 214.1 educating a lot of other people, too. poses an amendment numbered 2813. 1989 ...... 2,868.0 +266.7 (+10.3) 240.9 1990 ...... 3,206.6 +338.6 (+11.8) 264.7 Mr. HOLLINGS. I thank my distin- Mr. GRAMM. Mr. President, I ask 1991 ...... 3,598.5 +391.9 (+12.2) 285.5 guished colleague. 1992 ...... 4,002.1 +403.6 (+11.2) 292.3 unanimous consent that reading of the 1993 ...... 4,351.4 +349.3 (+8.7) 292.5 The PRESIDING OFFICER. Who amendment be dispensed with. 1994 ...... 4,643.7 +292.3 (+6.7) 296.3 seeks recognition? 1995 ...... 4,927.0 +283.3 (+6.1) 336.0 The PRESIDING OFFICER. Without 1996 est...... 5,238.0 +311.0 (+6.3) 348.0 Mr. GRAMM. Mr. President, in a mo- objection, it is so ordered. ment we will have an amendment by The amendment is as follows: Mr. HOLLINGS. Mr. President, the the distinguished chairman of the full On page 15, line 23 strike ‘‘148,280,000’’ and distinguished chairman of the Budget committee, which is going to shift the insert in lieu thereof ‘‘168,280,000’’. Committee is talking and the Senator allocation among the subcommittees On page 15, line 24 strike ‘‘and’’. from South Carolina is talking, but the providing additional funding for Com- On page 16, line 2 after ‘‘103–322’’ insert ‘‘; facts speak more loudly than each of merce, State, Justice and in the proc- and of which $2,000,000 shall be for activities authorized by section 210501 of Public Law us. For example, the gentleman talking ess solving many of the problems that 103–322’’. then was the President when he came hold this bill up. On page 20, line 8 strike ‘‘$114,463,000’’ and to town. In 1980, we were paying inter- While we are waiting on that—and I insert in lieu thereof ‘‘$104,463,000’’. est costs of $74.8 billion on a national understand the distinguished Senator On page 115, line 9 strike ‘‘$40,000,000’’ and debt of over 200-some years of history, from West Virginia has now signed off insert in lieu thereof ‘‘$22,000,000’’. with all the wars from the Revolution- on that amendment—I want to say, as On page 123, line 1 strike ‘‘$3,000,000’’ and ary War up to and including World War insert in lieu thereof ‘‘300,000’’. the new chairman of this subcommit- On page 151, line 16 strike ‘‘(1)’’ and insert I, World War II, Korea and Vietnam. tee, that I have had an opportunity, for ‘‘(2)’’. Now, it is estimated to go to $348 bil- the first time, to work with the distin- On page 151, line 18, strike ‘‘(2) and (3)’’ and lion just in interest costs. That was the guished Senator of the full committee, insert ‘‘(3) and (4)’’. S 14502 CONGRESSIONAL RECORD — SENATE September 28, 1995

On page 151, line 19 strike ‘‘(2)’’ and insert lines of the border will include the agents The Senator from Oregon [Mr. HATFIELD] ‘‘(3)’’. noted by the Department as well as agents for himself and Mr. HOLLINGS, proposes an On page 152, line 13 strike ‘‘(3)’’ and insert currently assigned to the San Clemente and amendment numbered 2814, to the committee ‘‘(4)’’. Temecula checkpoints in California.’’ amendment on page 2, line 9, through page 3, On page 153, line 14 strike ‘‘(4)’’ and insert On page 37, the entry for the Committee line 5. ‘‘(5)’’. recommendation for State and local block Mr. HATFIELD. Mr. President, I ask On page 154, line 21 strike ‘‘(5)’’ and insert grant/COPS should be $1,690,000. A new entry unanimous consent that the reading of ‘‘(6)’’. should be added for Police corps. 1995 appro- On page 155, line 3 strike ‘‘(6)’’ and insert priation is zero. 1996 request is zero. House the amendment be dispensed with. ‘‘(7)’’. allowance is zero. Committee recommenda- The PRESIDING OFFICER. Without On page 155, line 9 strike ‘‘(7)’’ and insert tion is $10,000. objection, it is so ordered. ‘‘(8)’’. On page 60, under National Oceanic and At- The amendment is as follows: On page 155, line 19 strike ‘‘(8)’’ and insert mospheric Administration the paragraph At the end of the committee amendment ‘‘(9)’’. should read: beginning on page 2, line 9, insert the follow- On page 151, line 16 after ‘‘Sec. 614.’’ insert ‘‘The Committee recommends a total of ing: ‘‘(1) This Act may be cited as the ‘‘Equal Op- $1,866,569,000 in new budget (obligational) au- The amount from the Violent Crime Re- portunity Act of 1995.’’ thority for all National Oceanic and Atmos- duction Trust Fund for the Edward Byrne On page 161, line 25 strike ‘‘$115,000,000’’ pheric Administration [NOAA] appropria- Memorial State and Local Law Enforcement and insert in lieu thereof ‘‘$140,000,000’’. tions. This level of funding is $45,135,000 Assistance Programs is reduced by Mr. GRAMM. Mr. President, the bill below fiscal year 1995, and is $230,140,000 $75,000,000. that is currently before the Senate, below the budget request. This recommenda- The following sums are appropriated in ad- H.R. 2076, fiscal year 1996 Commerce, tion is $92,159,000 above the House allowance, dition to such sums provided elsewhere in and includes transfers totaling $55,500,000 this Act, State, Justice appropriations bill, as and fees totaling $3,000,000.’’ reported by the Senate Appropriations For the Department of Justice, Edward On page 68, under National Marine Fish- Byrne Memorial State and Local Law En- Committee, contains several inadvert- eries Service the paragraph should read: forcement Assistance Programs, $75,000,000. ent errors. This amendment is purely ‘‘The Committee recommendation provides For the Department of Commerce, Inter- technical in nature and is intended to a total of $288,567,000 for the programs of the national Trade Administration, ‘‘Operations accurately reflect the amendments National Marine Fisheries Service [NMFS] and Administration’’, $46,500,000; for the Ex- which were adopted in both sub- for fiscal year 1996. This amount is $27,261,000 port Administration, ‘‘Operations and Ad- less than the budget request, and is committee and full committee. ministration’’, $8,100,000; for the Minority $19,917,000 more than the current year fund- Business Development Agency, ‘‘Minority This amendment has been cleared by ing level. The amount provided under the the distinguished floor manager on the Business Development’’, $32,789,000; for the Committee recommendation is $37,240,000 National Telecommunication and Informa- other side. It is simply necessary to above the House allowance. The Committee tion Administration, ‘‘Salaries and Ex- straighten out all of the drafting errors has recommended funding, as shown in the penses’’, $3,000,000; for the Patent and Trade- that have been created in getting the preceding table, for a variety of important mark Office ‘‘Salaries and Expenses’’, bill to this point. research and information programs which $26,000,000; for the National Institute of Mr. HOLLINGS. It is cleared on this are designed to promote a sustainable use of Standards and Technology, ‘‘Industrial Tech- side. valuable marine resources.’’ nology Services’’, $25,000,000; for the Na- Page 77, under Fishing Vessel Obligations tional Institute of Standards and Tech- The PRESIDING OFFICER. Is there Guarantees: further debate? nology, ‘‘Construction of Research Facili- ‘‘Committee recommendation—250,000.’’ ties’’, $3,000,000; and the amount for the Com- The question is on agreeing to the Page 78, under National Technical Infor- merce Reorganization Transition Fund is re- mation Service, second sentence should read: amendment. duced by $10,000,000. The amendment (No. 2813) was agreed ‘‘This is a decrease of $7,000,000 below the For the Department of State, Administra- to. current available appropriation.’’ tion of Foreign Affairs ‘‘Diplomatic and Con- Page 86, under U.S. Sentencing Commis- Mr. GRAMM. Mr. President, I move sular Programs’’, $135,635,000; for ‘‘Salaries sion, first sentence should read: ‘‘The Com- and Expenses’’, $32,724,000; for the ‘‘Capital to reconsider the vote. mittee recommends $7,040,000 for the salaries Investment Fund’’, $8,200,000. Mr. HOLLINGS. I move to lay that and expenses of the U.S. Sentencing Commis- For the United States Information Agency, motion on the table. sion for fiscal year 1996.’’ ‘‘Salaries and Expenses’’, $9,000,000; for the The motion to lay on the table was Page 112, under Radio Construction: ‘‘Com- ‘‘Technology Fund’’, $2,000,000; for the ‘‘Edu- mittee recommendation—22,000,000.’’ agreed to. cational and Cultural Exchange Programs’’, The bill includes $22,000,000 in new budget Mr. GRAMM. Mr. President, I ask $20,000,000 of which $10,000,000 if for the Ful- authority for the ‘‘Radio construction’’ ac- unanimous consent that the correc- bright program; for the Eisenhower Ex- count for fiscal year 1996. This amount is tions to the committee report that I changes, $837,000; for the ‘‘International $63,919,000 less than the budget request, Broadcasting Operations’’, $10,000,000; and for send to the desk be printed in the $47,314,000 less than fiscal year 1995 funding the East-West Center, $10,000,000. RECORD. levels, and $48,164,000 below the House allow- For the United States Sentencing Commis- The PRESIDING OFFICER. Without ance. objection, it is so ordered. Page 113, last paragraph, last line should sion, ‘‘Salaries and Expenses’’, $1,460,000; for There being no objection, the mate- read: ‘‘FTUI, and Center for International the International Trade Commission, ‘‘Sala- Private Enterprise (CIPE)—in equal ries and Expenses’’, $4,250,000; for the Federal rial was ordered to be printed in the Trade Commission ‘‘Salaries and Expenses’’, RECORD, as follows: amounts.’’ Page 133 under Department of State Acqui- $9,893,000; for the Marine Mammal Commis- ERRATA: SUBCOMMITTEE ON COMMERCE, JUS- sition and Maintenance of Buildings Abroad, sion, ‘‘Salaries and Expenses’’, $384,000; for TICE, STATE, THE JUDICIARY AND RELATED line 1 should read: ‘‘The Committee rec- the Securities and Exchange Commission, AGENCIES REPORT 104–139 ommends a rescission of $140,000,000 from the ‘‘Salaries and Expenses’’, $29,740,000; and for Page 20, paragraph 2, sentence 2 should projected end-of-year carryover balances in the Small Business Administration, read: the ‘‘Acquisition and maintenance of build- $30,000,000. ‘‘Of these funds, $275,000,000, including ings abroad’’ account at the State Depart- Mr. HATFIELD. Mr. President, first I $107,720,000 in program increases, are derived ment.’’ want to express my deep appreciation from the violent crime reduction trust fund for the kind words expressed by the [VCRTF], as authorized in section 521 of Sen- Mr. HATFIELD addressed the Chair. ate bill 735.’’ The PRESIDING OFFICER. The Sen- chairman of our subcommittee, Sen- Page 27, under Border Control Systems ator from Oregon is recognized. ator GRAMM of Texas, and to say in re- Modernization, the first sentence should AMENDMENT NO. 2814 TO THE COMMITTEE sponse that it has been one of those read: AMENDMENT ON PAGE 2, LINE 9, THROUGH wonderful occasions and experiences ‘‘A total of $158,500,000 is recommended, of PAGE 3, LINE 5 that sometimes happen in the Senate, which $104,453,000 is provided from the vio- Mr. HATFIELD. Mr. President, I send and that is when we get down together lent crime reduction trust fund, to continue an amendment to the desk and ask for one-on-one to negotiate and to try to the border system modernization effort its immediate consideration. find out the other person’s perspective, started last year.’’ Page 30, last paragraph, delete the follow- The PRESIDING OFFICER (Mr. the other person’s viewpoint, the other ing report language: SANTORUM). The clerk will report. person’s priorities, and come to a new ‘‘The Committee recommendation assumes The assistant legislative clerk read appreciation that this indeed, is one of that the 300 agents relocated to the front as follows: the strengths of this institution—its September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14503 diversity. And at the same time there take that as your target figure to adjustment takes place in the last two is diversity in this institution, it does make your adjustments. columns of the figures. As an example, not mean that it means stalemate. It In this particular case, probably one we are taking domestic and counselor does not equal stalemate diversity. of the most severely hit of all sub- programs and funding them with re- I could find no person with greater committees in the Commerce, Justice, placement of money at about $115.8 sensitivity and words indeed than that State Subcommittee, and they had an million at the Senate Foreign Rela- personified by Mr. GRAMM in working extraordinarily difficult time in the tions Committee authorizing level. out the differences and also, at the Senate to even get in the ballpark of That is how you work these charts same time, working for the same goal. meeting with the House floor con- back and forth. I come to appreciate, from time to ference. The amendment provides additional time, the strength of diversity. I some- Why wait until that moment when funds for six independent agencies. times also think that if I listened Congressman LIVINGSTON and I have to Those six independent agencies are more, spoke less, I would hear what the get together to fix that target, why not U.S. Sentencing Commission, Inter- other person might be saying a little do it now? That is all this amendment national Trade Commission, Federal more clearly than depending upon im- represents. We are saying, in effect, we Trade Commission, Marine Mammal agery or upon labels such that we of- had the previous bill, HUD, independ- Commission, Securities and Exchange tentimes use in shortcut methods. ent agencies. We had to adjust that Commission, Small Business Adminis- That also does not build for personal downward in terms of meeting a figure tration. relationships. to the House figure for HUD, independ- Now, in the case of the Federal Trade Mr. President, I have sent to the desk ent agency, the Senate HUD, independ- Commission and the International an amendment on behalf of Senator ent agency, to get together for con- Trade Commission and all of these, HOLLINGS, myself, and on behalf of the ference. what we have done is to have a freeze Appropriations Committee in general. What I have done at this point is to minus 10 percent in the amendment. I filed an amended application for the advance that moment of time and deci- That contrasts to a freeze minus 20 per- Commerce, Justice and State bill that sion that would have to take place cent which was in the bill that is now allows an additional $500 million in with Congressman LIVINGSTON and my- before the Senate. That, again, is rep- budget authority and $325 million in self, taking from the HUD bill we have resentative of another type of handling outlays to be spent on the bill. just completed on the floor and trans- of these additions. Now, this begs for, again, a quick de- ferring that budget outlay figure that In the case of the Small Business Ad- scription again of our process. I know we have just announced here this after- ministration, we propose to add an ad- beyond the beltway that is not nec- noon at $325 million. ditional $30 million, which should be essarily perhaps a very high item of in- I had a reserve fund in the so-called sufficient funding to administrator the terest. For our own colleagues to un- BA that we could draw from in the full loan volume recommended in the com- derstand that at the beginning of any committee, and we drew from that, to mittee bill. appropriations cycle that the chairman create now this amendment. In other Again, we refer back to not only our of the Appropriations Committee, words, this amendment does not add a previous work but to authorizing com- along with consultation and along with single penny to our overall commit- mittees as well. There are many com- staff and so forth, creates what we call ments under the budget resolution. peting demands in this bill and it the 602(b) allocations. What we are doing is making a fine makes it very difficult, even with this Now, we do not follow the House of adjustment that has to occur anyway, amendment. Representatives. In other words, we and we are doing it in advance of the Let me make very clear, this amend- have our own methods and our own pri- time in order to make this bill more ment does not solve all of our prob- orities and so forth. So that reflects acceptable and to be a broader base of lems. But I do think it can solve suffi- basically, once the committee has support for the bill, but also to be more cient problems to get this bill wrapped adopted the chairman’s mark, that rep- equitable and fair in the bill. into the CR, down to the White House, resents basically a committee action. My phone has been ringing off the eventually to be vetoed. I have to be In this particular case, we had $1 bil- hook for the last 3 weeks since the straightforward. My impression, maybe lion—I am talking now in round num- committee reported the bill. I know this amendment is going to help in bers—$1 billion in a 602(b) allocation to that it has been so in the case of Sen- some way alleviate that probability this subcommittee headed by Senator ators GRAMM and HOLLINGS, as well, that is now very clear that the Presi- GRAMM and with the former chair of and probably many others who serve on dent intends to veto this bill. the committee and now the ranking the Appropriations Committee. Maybe we can again, hopefully, make member, Senator HOLLINGS of South Now, this small increase of funds, we that a lesser possibility than it is Carolina, $1 billion under the House of have made a printout of each account under the bill that we have before us. Representatives. to which we are adding funds in the So, Mr. President, I am not going to Now, there were obvious problems Commerce Department, the State De- go on about these changes. I am very just from that allocation. These people partment, and some of agencies funded happy to respond to specific questions had to work within that framework under this bill. We also have reiterated that people may have, but I do want to once adopted by the committee. They our commitment for the Byrne-formula say that it has been through the coop- did so. That meant that they had to grants in the Justice Department. erative spirit of the leadership of this not just reduce and diminish some of Each member has before him or her the subcommittee and the leadership of the the expenditures that have been built full amendment in detail. I will only full Senate that we are hoping, today, up over a period of time, but they also refer to that. to offer this amendment, have it adopt- had to select between agencies and be- Now, what this overall amendment ed, and thereby move on to address tween programs within agencies. does is to keep the spending levels clos- other issues in this bill. Now, when we go to the House of er to a freeze and closer to actions The PRESIDING OFFICER. The Sen- Representatives for a conference ulti- taken by the authorizing committees. ator from South Carolina. mately as we do with each bill, the So this is not just trying to get an Mr. HOLLINGS. Mr. President, let chairman of the House committee, adjustment for this bill here in the me rise in gratitude to our distin- ROBERT LIVINGSTON of Louisiana, and I Senate, and for the conference to come guished full committee chairman and have the responsibilities under the with the House, but also to tie in with also the subcommittee chairman for al- Budget Act that we have to find a way the authorized levels provided by Sen- lowing us to proceed, and to note a to bring those two committees to- ator HELMS in the case of Foreign Rela- softening and thawing on behalf of the gether on an agreed target figure. tions Committee and the State Depart- distinguished subcommittee chairman, Normally, what we do is to strike the ment. which is very becoming. difference. We say, all right, that is You will find on this printout such Senator HATFIELD has really saved $500 million for the Senate in this case examples, if you look at the columns us. I read Mary McGrory this morning, and $500 million less for the House. You where this so-called outlays and this and she said Ross Perot had given S 14504 CONGRESSIONAL RECORD — SENATE September 28, 1995 President Clinton oxygen. I feel like, in East-West Center is important now ing international economics and poli- this amendment, which I am proud to more than ever. tics, energy and natural resources, pop- cosponsor, we are getting oxygen. It The Asia-Pacific region is the fastest ulation, the environment, technology, keeps some very important programs growing region in the world. Today, and culture. alive. over half of the population of the world The achievements of the East-West The distinguished full committee is in Asia. This region has about 20 per- Center bear repetition. Since its cre- chairman, Senator HATFIELD, has been cent of the land mass and over 60 per- ation by Congress in 1960, the Center very sensitive and very understanding cent of the gross product of the world. has welcomed over 53,000 participants and very realistic. There is none of this For every jumbo jet that flies over from over 60 nations and territories to kind of pork or any of these other kind the Atlantic Ocean, four fly over the research, education, and conference of things. This amendment adds back Pacific Ocean. Our trade with Asia is programs. funds to high priority commerce pro- four times larger than our trade with Scholars, statesmen, government of- grams—$46.5 million for the Inter- Europe. ficials, journalists, teachers, and busi- national Trade Administration—we It has become the fastest growing ness executives from the United States just had lunch on yesterday with the economy. Trade with Asia provides and the nations of Asia and the Pacific Special Trade Representative. We are nearly 3 million jobs to Americans and, have benefited from studies at the Cen- trying to get more competitive and by the year 2003, our exports to Asia ter. These government and private sec- more realistic in a trade policy in this will be more than double those to Eu- tor leaders comprise an influential net- country, and we need these additional rope. work of East-West Center alumni funds to just bring them up to where I would like to share two concrete ex- throughout the Asia-Pacific region. I they would be at a freeze. amples of the East-West Center’s suc- continually encounter proud Center There is $32 million for the Minority cess in the Asia-Pacific. There was a alumni in meetings with Asian and Pa- Business Development Agency; $25 mil- time when our relations with Indonesia cific island government officials and lion for NIST—the National Bureau of were next to nil. Our Ambassador was business leaders. Standards, manufacturing centers, the recalled. There were no exchanges or The success of the Center as a forum information technology centers; $8.1 any formal conversation. for the promotion of international co- Indonesia cut off all ties with the million for the Export Administration; operation and the strength of the posi- United States. It would not permit any and finally for the front line—after the tive personal relationships developed of its citizens to become Fulbright fall of the wall—namely, our State De- at the Center are reflected in the pres- scholars, but it continued to send men partment, which the distinguished tige it enjoys in the region. Japan, and women to the East-West Center. ranking member, Senator PELL, has Korea, Taiwan, Indonesia, Fiji, Papua The same thing with Burma. Our re- just addressed. $177 million is added to New Guinea, Pakistan, and other lationship with Burma over the years their operating accounts to bring them American allies in the region—over 20 has been hot and cold. At one time, back to the level proposed in S. 908, countries in all—support the Center’s Burma sent our Ambassador home and Senator HELMS’ Foreign Relations Au- programs with contributions. The Cen- closed our consulates. But Burma sent thorization Act. ter has also received endowments from students to the East-West Center. For the USIA, we are adding back $20 benefactors in recognition of its con- It was convinced that this was a million for the international education tributions and value. exchanges, including $10 million for the unique spot on the globe where men Mr. President, the countries of Asia Fulbright program. We also add back and women could freely discuss issues and the Pacific are critically impor- funds for the USIA operations, inter- of the day. tant to the United States and our po- national broadcasting, and technology The East-West Center now has 42,000 litical and economic interests into the modernization. And for the independ- alumni globally; a network of distin- next century. By the year 2000, the ent agencies like the Federal Trade guished colleagues in government, Asia-Pacific region will be the world’s Commission, the Small Business Ad- business, the media, academia, and the largest producer and consumer of goods ministration and others, we have added professions. and services. The markets for energy back certain funds that could be avail- The student degree program, with resources, telecommunications, and air able now with this new allocation. 4,000 graduates, is a major component travel are fast becoming the world’s I thank particularly the staffs on of cultural and technical interchange largest. both sides, Scott Gudes, Mark Van Der at the Center. Water, David Taylor, Scott Corwin, As you can see, the East-West Center Future economic growth and job cre- and Steve McMillen, who worked until is a national resource that must be ation in the United States is closely about 2 o’clock this morning, trying to funded at a responsible level. I ask my linked to our ability to identify and se- bring this about. colleagues to support this national in- cure opportunities in the world’s fast- I am very much appreciative to Sen- stitution. est growing economies. The East-West ator HATFIELD, and I hope we can adopt Mr. AKAKA. Mr. President, I am Center provides leadership and advice this amendment. pleased to join the senior Senator from on economic issues, including APEC The PRESIDING OFFICER. The Sen- Hawaii, the senior Senator from Utah, [Asia Pacific Economic Cooperation] ator from Hawaii. the senior Senator from Alaska, the and the U.S.-Pacific Island Joint Com- Mr. INOUYE. Mr. President, I express distinguished ranking member of the mercial Commission. my gratitude to the chairman of the subcommittee, and the chairmen of the Mr. President, given the strategic full committee and to the Senator subcommittee and full committee, in and economic importance of the Asia- from South Carolina for addressing a offering this amendment to restore Pacific region to U.S. interests, and concern I have been discussing with funding for the East-West Center. the credibility and trust enjoyed by the them for many months, the East-West Over the past 35 years, the East-West East-West Center in the region, I be- Center. It is a very important national Center has established its reputation lieve it is unwise to slash funding for asset, and I thank them very much. as one of the most respected and au- the Center. We have closed, or are in For those not familiar with the East- thoritative institutions dedicated to the process of closing, AID offices in West Center, it is a world-class Amer- the advancement of international co- the region. These actions are sending ican institution dedicated to promot- operation throughout Asia and the Pa- signals to our friends and others in the ing better understanding and relation- cific. The Center plays a key role in region that our interest is waning. ships with the countries of Asia and promoting constructive American in- For over 3 decades we have invested the Pacific. volvement in the region through its in the East-West Center, creating an It was created by a bipartisan gov- educational, dialogue, research, and important resource that promotes re- ernment 35 years ago that foresaw the outreach programs. The Center ad- gional understanding and cooperation, need for a better understanding be- dresses critical issues of importance to provides expertise on complex regional tween the United States and the Asia- the Asia-Pacific region and United issues, and advises U.S. foreign policy Pacific region. The importance of the States interests in the region, includ- decisionmaking. If we fail to provide September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14505 the Center adequate funding and a rea- ator can offer an amendment at this Mr. DOMENICI. And for the informa- sonable transition period to self-suffi- point. I do not believe this amendment tion centers, women’s counselling, ciency, we will discard a valuable re- is amendable at this point. $200,000. Is that correct? source—a first-class institution that Mr. BIDEN. Mr. President, I say to Mr. HATFIELD. The Senator is cor- has earned an international reputation my friend from New Mexico, I have rect. for its research scholarship and aca- overwhelming confidence in his par- Mr. DOMENICI. I thank the Senator. demic programs. Given the increasing liamentary skills. If he says it, there Mr. HATFIELD. Those are within the significance of Asia and the Pacific is- must be a likelihood he is correct, in overall 30. lands to our interests and security, which case I make a parliamentary in- Mr. DOMENICI. I thank the Senator such action is short-sighted and ill-ad- quiry: When is it appropriate for the for his answers. I want to commend vised. I urge my colleagues to support Senator from Delaware to introduce an him for that. our amendment. amendment that would, in fact, restore I want to suggest that, if there is any Several Senators addressed the the $75 million to the violence against area that we are being successful as a Chair. women account? nation in encouraging new entrants The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. When we into the business field, it is women ator from Delaware. dispose of the Hatfield amendment. ownership of business. It is skyrocket- Mr. BIDEN. Mr. President, one of the Mr. BIDEN. That is a very useful ing in America, and some of it has to things that is deficient, in my view, piece of information, Mr. President. I do with very effective programs when about the legislation before us—and I thank him very much, and, if it is ap- you are bringing women in and they will shortly send an amendment to the propriate, I ask unanimous consent are talking about what they might desk about it that I think we have that, upon disposal of the Hatfield want to do in business, and providing a worked out—and that is, in fairness to amendment, I be recognized to offer lot of information about how to obtain my friend from Texas, the chairman of my amendment. loans and the like. I think we ought to the committee, in his, if I have this The PRESIDING OFFICER. Is there maximize that effort at this point. correct, 602(b) allocation, initially he objection? I thank the Senator for that. got less money in that allocation. I am Mr. DOMENICI. Reserving the right I yield the floor. not being critical of the chairman. He to object, I will not object if I can add The PRESIDING OFFICER. Is there got less money in that allocation than my unanimous consent to it that im- further debate on the amendment? If was needed to fund some of the things mediately thereafter we have a Domen- not, the question is on agreeing to the I think he believes should have been ici amendment on legal services. amendment of the Senator from Or- funded, and I strongly believe, along Mr. BIDEN. I have no objection. egon. The PRESIDING OFFICER. Without with Senator HATCH and a number of The amendment (No. 2814) was agreed my Republican as well as Democratic objection, it is so ordered. to. colleagues, should be funded. Several Senators addressed the Mr. HATFIELD. Mr. President, I In this case the present appropria- Chair. move to reconsider the vote by which The PRESIDING OFFICER. The Sen- tions bill before us funds the Violence the amendment was agreed to. ator from Minnesota. Against Women Act law at $75 million Mr. HOLLINGS. I move to lay that Mr. WELLSTONE. I will just take a less than is needed. It is funded at $100 motion on the table. moment, Mr. President. The motion to lay on the table was million. I am going to shortly send an The PRESIDING OFFICER. The Sen- amendment to the desk to increase agreed to. ator from Minnesota. Mr. HATFIELD. Mr. President, I that funding. I ask to be corrected if I Mr. WELLSTONE. I say to my col- thank Senator GRAMM, and Senator am mistaken here, but I will, on behalf league from New Mexico, I will just of Senator GRAMM and myself, send to HOLLINGS particularly for his cospon- take a minute. sorship. the desk, along with Senators HATCH Mr. DOMENICI. No problem. I also want to thank Scott Gudes, and WELLSTONE and others, an amend- Mr. WELLSTONE. Mr. President, I Scott Corwin, David Taylor, and Mark ment that would restore the $75 million want to just emphasize what the Sen- Van de Water, four members of our re- in this account. ator from Delaware said, including spective staffs who sat up and worked I understand the reason we have been being an original cosponsor to this this out in detail until about 2 a.m. able to work this out is a consequence amendment. I will wait. I am very this morning. of the generosity of the distinguished pleased an agreement has been worked They certainly deserve the accolades chairman of the full committee and the out. I will wait until the Senator from and appreciation of the whole Senate. ranking member of the subcommittee, Delaware introduces his amendment. Mr. HOLLINGS. I want to particu- this subcommittee, who have come up My understanding is we have a good larly thank Mark Van de Water of Sen- with this agreement that, in turn, has agreement here. At that point in time ator HATFIELD’s staff. We really appre- had the effect of providing an addi- I would like to talk about the impor- ciate it very, very much. tional $75 million for the violent crime tance of what we have done. The PRESIDING OFFICER. Under trust fund. It is that from which this is So I just ask unanimous consent I be the previous order, the Senator from funded. included as an original cosponsor. Of all the legislation I have ever The PRESIDING OFFICER. Without Delaware is recognized. worked on here in the Senate, this one, objection, it is so ordered. Mr. BIDEN. Mr. President, I would the Violence Against Women Act, has Is there further debate on the amend- like to ask unanimous consent that been, in my case, my first priority and ment? anyone who wishes to be added as a co- proudest accomplishment. When it The Senator from New Mexico. sponsor on this amendment be able to passed the Senate with overwhelming Mr. DOMENICI. Mr. President, I do so. bipartisan support I was hopeful that would like to ask Senator HATFIELD, The PRESIDING OFFICER. Without support would be maintained. Frankly, the sponsor of the amendment, a clari- objection, it is so ordered. I lost faith there for a little while when fication question. AMENDMENT NO. 2815 the appropriations bill first came out. First of all, I strongly compliment (Purpose: To restore funding for grants to I am actually waiting for the amend- my colleague on the amendment. I cer- combat violence against women) ment so I can send it to the desk. I will tainly intend wholeheartedly to sup- Mr. BIDEN. Mr. President, I send an explain the rest of it while I am wait- port it. Under Small Business Adminis- amendment to the desk and ask for its ing. tration you have an overall $30 million consideration. Mr. DOMENICI. Will the Senator add-on. Am I correct that in the specif- The PRESIDING OFFICER. The yield for an observation? ics, that for women’s outreach pro- clerk will report. Mr. BIDEN. I will be happy to yield grams, you have increased that to $4 The assistant legislative clerk read for an observation. million? as follows: Mr. DOMENICI. I do not raise this of- Mr. HATFIELD. The Senator is cor- The Senator from Delaware (Mr. BIDEN), ficially, but I do not believe the Sen- rect. for himself, Mr. HATCH, Mr. HOLLINGS, Mr. S 14506 CONGRESSIONAL RECORD — SENATE September 28, 1995 GRAMM, Mrs. BOXER, Mr. KOHL, Mr. KERRY, strikes. Its violence against women by eral dollars should be committed to and Mr. WELLSTONE, proposes an amendment men. these goals. Specifically, we authorized numbered 2815. These attacks have many names. funding to: Mr. BIDEN. Mr. President, I ask They are called rape, assault, felonies. Hire more police and prosecutors spe- unanimous consent that reading of the And the attackers have many faces. cially trained and devoted to combat- amendment be dispensed with. They are friends, relatives, spouses, ing family violence; The PRESIDING OFFICER. Without and strangers. Train police, prosecutors, and judges objection, it is so ordered. The statistics are terrifying: in the ways of family violence—so they The amendment is as follows: Every 18 seconds, a woman is beaten can better understand and respond to On page 25, line 19, strike ‘‘$100,900,000’’ and by her spouse, boyfriend, or other inti- the problem; insert ‘‘$175,400,000’’. mate partner. Implement tougher arrest policies, On page 25, line 22, strike ‘‘$4,250,000’’ and Every 5 minutes, a woman is raped. including mandatory arrest for anyone insert ‘‘$6,000,000’’. On page 26, line 1, strike ‘‘$61,000,000’’ and Nearly two out of three female vic- who violates a protection order—so insert ‘‘$130,000,000’’. tims of violence are related to, or that the burden of seeking an arrest On page 26, line 7, strike ‘‘$6,000,000’’ and know, their attackers. does not fall on the women who may insert ‘‘$7,000,000’’. As many as 35 percent of all women fear further violence; On page 26, line 10, insert after ‘‘Act;’’ the who visit emergency rooms are there Expand and improve victim-service following: ‘‘$1,000,000 for training programs because of family violence. programs and provide specially trained to assist probation and parole officers who This violence also takes a tragic toll work with released sex offenders, as author- family violence court advocates; ized by section 40152(c) of the Violent Crime on our children: Fund rape crisis centers and open Control and Law Enforcement Act of 1994; Three million children each year wit- more battered women shelters; and $500,000 for Federal victim’s counselors, as ness violence in their homes. Studies Fund family violence education authorized by section 40114 of that Act; show that these kids are more likely to courses in our schools. $50,000 for grants for televised testimony, as drop out of school; abuse alcohol and In the past 12 months, the Violence authorized by section 1001(a)(7) of the Omni- drugs; attempt suicide; and, sadly, Against Women Act has already been bus Crime Control and Safe Streets Act of grow up to be abusers themselves. put into action. In States and commu- 1968; $200,000 for the study of State databases The violence women suffer reflects as nities all across the county, Federal on the incidence of sexual and domestic vio- lence, as authorized by section 40292 of the much a failure of our Nation’s collec- dollars are helping coalitions of police, Violent Crime Control and Law Enforcement tive moral conscience as it does the prosecutors, judges, and victim service Act of 1994; $1,500,000 for national stalker and failure of our Nation’s laws and regula- organizations work together—to make domestic violence reduction, as authorized tions. arrests, win convictions, secure tough by section 40603 of that Act;’’ How else can we explain the results sentences, and offer women the infor- Mr. BIDEN. Mr. President, I offer of a study of junior high school stu- mation and practical resources they this amendment to restore $75 million dents conducted in Rhode Island a few need. in funding for the Justice Department years ago? As many of you may already know, programs contained in the Violence In the study, the students were the first conviction and sentencing Against Women Act, and I am pleased asked: When does a man have the right under the act took place recently in that many of my colleagues, including to have sexual intercourse with a West Virginia. Senator GRAMM of Texas and Senator woman without her consent? It is a case about Christopher Bailey HATCH of Utah, are cosponsors of this It seems like an outrageous question and his wife, Sonja, and it is enough to amendment. doesn’t it? but 80 percent of the stu- take your breath away. Christopher Of all the legislation I have ever dents said that a man had the right to Bailey severely beat Sonja, forced her worked on here in the Senate, this use force on his wife, 70 percent said he into the trunk of his car, and drove one—the Violence Against Women had the right to use force if the couple aimlessly across West Virginia and Act—has been my first priority and my was engaged, and 61 percent said force Kentucky for 6 days. proudest accomplishment. When it was OK if the couple had already had Sonja suffered massive head injuries passed the Senate with overwhelming sexual relations, and 30 percent said and severe kidney and liver dysfunc- bipartisan support, I thought we were force was justified if the man knew tions. Her face was black and blue, and well on our way to making a signifi- that the woman had had sex with other her eyes were swollen shut. She had cant commitment to the women of men. burn marks on her neck, wrists, and America. I though we made more than And the appalling answers do not ankles. a paper commitment. But passing the stop. Today, Sonja remains in a coma. law, without following through and About 25 percent of the boys said it Christopher Bailey was convicted providing the funding is meaningless. was OK to force sex on a girl if the boy under a new provision in the Violence For too long, we have looked the had spent $10 on her—and, astound- Against Women Act, and for kidnap- other way when it comes to this kind ingly, 20 percent of the girls who were ping. Early this month he was sen- of violence. For too long, we have interviewed agreed. tenced to serve the rest of his days in turned our back on the women injured If these are the attitudes we have prison. by men who say they love them. For communicated to our youth, it is hard- Obviously, Bailey’s conviction won’t too long, we have considered this kind ly surprising that we tolerate a level of bring Sonja out of her coma. But it of violence a private misfortune rather violence against women unprecedented does send a clear message all across than a public injustice. in our history. our land: violence against women will Last year, we took a historic step in Somehow, we seem to forget that a not be tolerated—it will be punished, the right direction when we passed the society suffers what it tolerates. and it will be punished severely. Violence Against Women Act. We made That’s why we cannot retreat from Today, we here in the Senate must a commitment to the women and chil- the commitment we made last year send that same message. We must keep dren of this country. We said: We will with passage of the Violence Against the promise we made last year, and re- no longer look the other way—the vio- Women Act. The act, let me remind my store funding for the Justice Depart- lence your suffer will no longer be colleagues, has four basic goals: To ment programs authorized by the Vio- yours alone. Help is on the way. make our streets and homes safer for lence Against Women Act. And just in case my colleagues have women; to make the criminal justice Last year, the Congress authorized forgotten, let me once again remind system more responsive to women; to over $176 million for the Violence them of the dimensions of this prob- start changing attitudes—beginning Against Women Act Justice Depart- lem: with our kids—about violence against ment programs. This bill as reported The No. 1 threat to the health of women; and to extend to women the by committee cut more than $76 mil- America’s women is a violent attack at equal protection of our Nation’s laws. lion from these programs. the hands of a man. It is not breast The Senate, the House, and the Presi- The most devastating cut was made cancer, it’s not heart attacks, it’s not dent—we all agreed last year that Fed- to the grant program at the heart of September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14507 the act: The program to bring together Obviously, we cannot legislate hu- cate programs, national stalker legis- State and local police, prosecutors, and manity and kindness. And we cannot lation, training programs, Federal vic- victims advocates to target family vio- outlaw hatred and ignorance. tims counselors—we are not able to lence and rape. But we can help make America a fully fund the grants for televised tes- Last year, we authorized $130 million safer place for women—and I call on ev- timony. That was originally in our leg- for that program. This bill only allo- eryone here to help do just that. islation—$250 million. It is funded at cates $61 million—so $69 million dollars I hope all of my colleagues will join only $50 million. We are able to fund were cut from the police, prosecution, me in restoring full funding to the Vio- fully the State database. We are not and victim services grants—that means lence Against Women Act programs. able to fund the national baseline more than 1 out of every 2 dollars were The women and children of America study on campus sexual assault at this cut. are counting on us. moment. We are not able to fund equal This is money for more police and Mr. President, I ask unanimous con- justice for women in State courts, prosecutors to crack down on violence sent that Senator HOLLINGS be added as training for Federal judicial personnel, against women; to train police, pros- an original cosponsor, and Senator Federal Judicial Center, and Adminis- ecutors, and judges so they can under- KERRY of Massachusetts, Senator trative Office of the Courts. stand better and respond more effec- GRAMM of Texas is already the original So that is what the additional $75 tively to violence against women; and cosponsor, Senator HATCH, Senator million goes to make whole. to develop, enlarge and strengthen pro- BOXER, Senator WELLSTONE, and others I would be delighted to yield to the grams for victims of violence—like who will come to the floor I am sure chairman of the committee for any rape crisis centers, battered women’s who wish to be part of this amendment. comments, and thank him, by the way, shelters, and special victim advocates. I ask unanimous consent that they be for keeping—as he always does with me This bill also cuts $1 million ear- added. and with everyone else I know—a com- marked especially for rural areas to The PRESIDING OFFICER. Without mitment. He told me that if he had the combat family violence, and the bill objection, it is so ordered. money he would make this account at completely eliminated the $1.5 million Mr. BIDEN. Mr. President, in the in- least mostly whole. He got the money, targeted to combat stalking against terest of time because there are other and he did just that. And I thank him women. amendments and a lot more to do on for that. this bill, let me briefly explain this In restoring $75 million in funding for I yield the floor. amendment and then yield to the the Violence Against Women Act, this Mr. GRAMM addressed the Chair. chairman of the subcommittee for any amendment does not take any new The PRESIDING OFFICER. The Sen- comments that he would like to make, money out of the taxpayer’s pockets. ator from Texas. and he surely knows the mechanics of Mr. GRAMM. Mr. President, let me Instead, the money comes out of other this better than I. thank Senator BIDEN for working with places in the bill—where there’s much Mr. President, in order to restore me on this amendment. We had pro- more money appropriated than was re- every single piece of the Violence vided in the appropriations bill a tri- quested by the President. Against Women Act funding, there is a pling of funding for violence against These cuts would have had a dev- requirement that would be required women, which represented our largest astating impact on the lives of women that we would have to have had $76.7 increase in expenditure in the bill. Our and children in America. I am pleased million. problem was that, given the overall fi- that so many of my colleagues are join- Just to give my colleagues an idea nancial constraint we had, there was ing me in restoring virtually all of the what I mean about that, the violence no way we could fund the authorized funding for the Violence Against against women grants; pro-arrest pol- level of the program. Women Act. icy; rural domestic violence, court-ap- So Senator BIDEN and I were in a po- Let me also point out: the Appropria- pointed special counsel, national stalk- sition that we both wanted to provide tions Subcommittee on Labor, Health er reduction, training programs, Fed- more money. This has been one of the and Human Services, and Education, eral victims counselors, grants for tele- top priorities of the bill. But yet we chaired by my distinguished friend and vised testimony, State databases, na- were still short of the full program colleague from Pennsylvania, Senator tional baseline study for campus sexual that the Senate had authorized. SPECTER, has recommended full fund- assault, equal justice for women in When the distinguished chairman of ing for the Violence Against Women courts, training grants for State the committee allocated additional Act programs within the jurisdiction of courts, training for Federal and judi- funds to the subcommittee, as he did in the Department of Health and Human cial personnel, Federal Judicial Center, his amendment that was just adopted a Services for rape education and preven- and Administrative Office of the moment ago, it allowed us to go ahead tion, domestic violence community Courts, are all recipients of some por- and to fully fund this program. demonstration projects, a domestic vi- tion of the violence against women I am, therefore, very happy to join olence hotline, and battered women funding. my colleague from Delaware in this shelters. Unfortunately, all we have available amendment. I think given the funds In fact, recognizing the urgency of is $75 million, not $76.7 million to make that are now available that this rep- this problem, the subcommittee wrote this account totally whole. resents a wise expenditure of money. in an additional $2.4 million for bat- So my amendment lays out which I join my colleague in supporting this tered women shelters—shelters which portions of all of those functions that I amendment, and urge our colleagues to serve as a refuge for women and their have just read are fully funded and adopt it. children when they are hurt and most which are not able to be funded with I yield the floor. vulnerable—and in greatest need of our this addition of $75 million. Mr. WELLSTONE addressed the compassion and support. I want to put this in context. We are Chair. I applaud the subcommittee’s efforts going to be funding $175 million out of The PRESIDING OFFICER. The Sen- to honor the commitment that we $76.7 million. This is a $75 million in- ator from Minnesota. made last year to the women and chil- crease. I wish it were a $76.7 million in- Mr. WELLSTONE. Mr. President, I dren of America. And I hope that when crease, but then again, as my friend, would like to thank both of my col- the HHS appropriations bill comes to the chairman of the full committee is leagues, the Senator from Delaware, the floor, the full Senate will honor saying, I am being a little greedy in and the Senator from Texas and, of that commitment as well. that regard. I realize every program course, the Senator from Oregon, But right here, right now, we must has to take a little bit of hit. Chairman HATFIELD. not retreat on the bill at hand. We can- So what we do in a nutshell is we add I also see the Senator from Utah not—we must not—turn back now. For $75 million in the accounts that we whom I think has been a real leader in too long, our society has turned its may call the violence against women this area. I am really pleased that we back on the nightmare that is violence grants, pro-arrest policy, the rural do- have come together in a bipartisan way against women. mestic violence, court-appointed advo- on this issue. S 14508 CONGRESSIONAL RECORD — SENATE September 28, 1995 Mr. President, I could take a tremen- Several Senators addressed the Committees, however, the Justice De- dous amount of time. But I think there Chair. partment has only spent $2 million of are other Senators who want to make The PRESIDING OFFICER. The Sen- the total $25 million provided for fiscal some brief comments on this as well. ator from Utah. year 1995. We have to restore this fund- So let me just try to summarize sev- Mr. HATCH. Mr. President, I rise in ing. The act is a small, albeit vital, eral hours worth of what I would like support of this amendment. I thank my step toward addressing the problem of to say on this issue. colleague, friend, and cosponsor, Sen- family violence and violence against In my State of Minnesota I think a ator BIDEN, for his leadership in this women generally. lot of people are lighting a candle in area. So I certainly urge all colleagues to this area. The statistics nationally are Mr. President, this really has a dra- be supportive of this amendment. I am really grim. I think the FBI statistics matic imprint on America. It is al- pleased to stand and support this excel- is something like every 15 seconds a ready starting to put people in jail that lent bill, and I compliment my friend woman is battered in our country. are violating the rights of women in and colleague from Delaware for his Mr. President, I think that we are our society. Frankly, it is a tough law. leadership in this matter, as well as taking this seriously now in a way that It is a good law. It is one that needs to those in the Chamber and others who we have not before as a country, both be fully funded, and I am happy that have contributed to the bill and to the as a crime and also in terms of the we have the cooperation and the sup- funding of it. And I particularly thank kind of things that we need to do to port of the distinguished chairman of my colleagues on the Appropriations prevent it. the subcommittee in this matter as Committee for their willingness to Mr. President, I think what this Vio- well. fully fund this bill. lence Against Women Act funding As most of my colleagues are aware, I yield the floor. does—I am so pleased that we were able I have long opposed programs I be- Mr. KERRY addressed the Chair. to go up from $100 million to $175 mil- lieved were mere pork projects. In fact, The PRESIDING OFFICER. The Sen- lion, is it provides funds to commu- I led the battle against last year’s ator from Massachusetts. nities who can make good and positive crime bill because I felt that it had Mr. KERRY. Mr. President, I join my things happen. ballooned in terms of unjustified costs. colleagues in saying a few words in Mr. President, I think this is not The Violence Against Women Act, how- support of this amendment. I particu- bragging to say that Minnesota really ever, is an important program that de- larly thank the Senator from Dela- is one of the leaders in the Nation—I serves to be fully funded. The act pro- ware, Senator BIDEN, for negotiating think I would probably argue leader in vides for: Rape prevention education; on our behalf on this side of the aisle, the Nation. I think the general view battered women shelters; grants to en- his conversations that he has had with that we have in my State is we are courage arrest policies in domestic vio- all of us, the dialog that he engaged in never going to be able to reduce the vi- lence cases; the investigation and pros- an effort to try to achieve a sensible olence in our communities unless we ecution of domestic violence and child strategy to save some of the programs are able to reduce the violence in our abuse in rural areas; treatment and in a bill that to many of us is still homes. It spills out into the streets. It counseling for victims; and for develop- flawed. spills out into the neighborhoods. It ing community domestic violence and The Senator from Utah just talked spills out into the community. child abuse education programs. about rape and the problem of violence I think the second view that we have These programs are important. Pros- with respect to rape in particular, but in Minnesota—and I think it is a view ecutors and police officers must be- the truth is that family violence, as we around the country—is that, whereas, come more sensitized to the problem of have all learned, is the No. 1 cause of when I was a kid, if we knew something violence against women. Women who all kinds of physical injury to women was wrong in another home, whether it are abused by their spouses must have in this country. And when you trans- be a woman who was battered or a a place to stay and must have counsel- late the effect of family violence into child—sometimes a man, but unfortu- ing available to repair their shattered the impact on several million young nately mainly women and children, not lives. Resources need to be channeled children, that impact plays out in a that I think it is good that men are to stem the tide of violence directed way that diminishes the capacity of battered—I think it is awful that so against women. those children to be able to learn, to be many women and children have to pay Mr. President, no matter what any- able to go to school, to be able to carry this price. I think now we have reached body said, violence against women is a on normal relationships, and that flows the conclusion, as opposed to a point in problem in America today. According into their adolescence and subsequent time when we said it was no one’s busi- to the Justice Department data, nearly adulthood in ways that simply dimin- ness, I think we are now seeing it as half a million women were forcibly ish the capacity of people to be able to everybody’s business. This is the kind raped last year—a half million, in the participate as good citizens. of problem that could be tackled at the greatest society in the world. We all deplore the implosion within a community level. It is the kind of prob- Some studies estimate that the total large segment of America’s population lem that could be tackled by the law number of rapes including those not re- with respect to a fundamental struc- enforcement community. It is the kind ported to the authorities exceed 2 mil- ture—the family. Finally, with the Vi- of problem that could be tackled by the lion women a year. That is outrageous olence Against Women Act, we gave clergy. It is the kind of problem that and it has to stop. people hope that a particular kind of can be tackled by women and others Indeed, according to a recent report behavior was going to be properly sin- who are down there in the trenches in by the Bureau of Justice Statistics, a gled out and treated. To have even the battered women’s shelters. It is the woman faces four times the chance of thought of doing away with it was as- kind of problem that can be tackled in being raped today than in 1960. Simi- tonishing to me. our schools where children learn alter- larly, domestic violence strikes at the We do not need to talk further about natives to violence as a way of solving heart of the most important political that because we are restoring it. I am disputes. We really think as a country unit in America, and that is the fam- glad that the Senate has come to its we can take this problem on. ily. The family should be a safe harbor senses with respect to it. I think this amendment which has for those tossed about by the storms of I might mention that the Violence been accepted by both sides is an ex- life, not a place of abuse or of degrada- Against Women Act not only speaks to tremely powerful, an extremely per- tion. It is a sad fact of life, however, the problem of the physical abuse sonal, and an extremely important that the reports of domestic violence against a woman. We just had a very message by the U.S. Senate that we are have been on the rise. long debate about welfare and the fam- not going to back down from this na- To this end, Senator BIDEN, Senator ily cap. And my good friend from New tional commitment. SPECTER, and I worked last year to see Mexico, Senator DOMENICI, spoke ex- I am proud to be a cosponsor. I thank that the Violence Against Women Act traordinarily eloquently in the Cham- the Senator from Delaware for his very was signed into law. According to both ber about the problem of punishing in- fine remarks. the House and Senate Appropriations nocent children and creating further September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14509 problems in the cycle but also about women than rape, muggings, and car American women a year are victims of the problem of increased incentive to accidents combined. family violence; one-third of all Amer- have abortions as a consequence of ille- In my home State of New Jersey, ican women who are murdered die at gitimate pregnancies. there were 66,248 domestic violence of- the hands of a husband or boyfriend; Mr. President, when you consider vi- fenses reported by the police in 1993. one third of all women who go to emer- olence against women, the truth is— Overall, women were the victims in 83 gency rooms in this country are there and it has been ignored by prosecutors percent of all domestic violence of- because of family violence; an esti- across America and by State govern- fenses. Mr. President, 41 women lost mated 700,000 American women are ments across America—a large percent- their lives as a result of domestic vio- raped each year; children in violent age of those unwanted pregnancies in lence disputes in my home State in homes are 1,500 times more likely to be America are the pregnancies of 13- and 1993. These are not nameless, faceless abused or neglected; over the last 10 14- and 15- and 16-year-olds by virtue of statistics, Mr. President, these are years, crimes against women have the actions of 24- and 25- and 26-year- women who endured torture and abuse risen nearly three times as fast as the olds. The last time most of us looked, during their marriages and were vio- total crime rate; 98 percent of the vic- that constituted statutory rape in this lently murdered. tims of rape never see their attacker country. Mr. President, I have introduced a caught, tried or imprisoned; over half A Congressman has just been tried on bill to create community response of all rape prosecutions are either dis- the basis of actions of an adult with a teams around the country. Community missed before trial or result in an ac- teenager, and the truth is that here in response teams work in tandem with quittal; and almost half of all con- America a large percentage of preying police to help victims of domestic vio- victed rapists can expect to serve an on the young is taking place. The un- lence right when a crisis occurs. By average of a year or less behind bars. wanted pregnancies that we see in this working together, community response The solution to the problem is not to country are in fact criminal actions. teams and police can provide victims treat women as victims—it is So this act in effect allows us to also with the services so essential to them empowerment. And that is what the focus on that totally ignored aspect of after they have been battered or beaten act does. It allows women to take illegitimacy. in their home. charge of their lives through such And the truth is, if there was a Mr. President, an increasing number things as rape prevention programs or stronger capacity within the welfare of jurisdictions in the State of New counseling provided at federally funded system to identity those people, we Jersey are employing community re- battered women’s shelters. might begin to hold people accountable sponse teams. For example, in Middle- The Violence Against Women Act is for their actions, but not do it in a way sex County, which includes South the first comprehensive approach to that creates a huge problem for the to- River, there are currently five jurisdic- fighting all forms of violence against tally innocent child born as a con- tions with community response teams. women. The law made a substantial sequence of those actions. South River, with a population of ap- commitment of Federal funds over a 6- proximately 15,000, has a community year period to combat family violence So, Mr. President, I congratulate the response team employing 7 community and sexual assault. The commitment Senator from Delaware. I think this is volunteers. In Woodbridge, a commu- we made sends resources and support a very important outcome. And I thank nity response team of approximately 30 to those devoted to responding to and the Senator from Texas for acknowl- volunteers is serving a population of preventing violence against women. edging that this act that only recently 100,000. These community response I urge every Senator to support this went into effect is working, it is having teams, serving both large and small amendment. Let us not go back on our a profound impact and it is healthy for communities, are effectively assisting promises made to the women of this this country to allow it to continue to women who are suffering physical and country. work. mental abuse. Mr. WELLSTONE. Mr. President, I Mr. BRADLEY. Mr. President, I rise Mr. President, Violence Against rise in support of Senator BIDEN’S in support of the Biden amendment to Women’s Act funding is available for amendment to restore full funding for increase by $75 million the appropria- these successful programs in New Jer- the Violence Against Women Act. tion for enforcement of the Violence sey to continue to aid victims of do- This amendment would restore $76 Against Women’s Act. As an original mestic violence. In addition, Violence million to programs in the Violence cosponsor of the amendment, it is vi- Against Women’s Act funding will as- Against Women Act—training for po- tally important that Congress does not sist in the fight against domestic vio- lice, prosecutors, and victims advo- waiver in its commitment to ensure lence by providing needed resources to cates to target family violence and that women in America are free from prosecutors and police officers. rape; programs to reduce sexual abuse the devastation of domestic violence. Mr. President, if domestic violence is and exploitation of young people; Domestic violence is a social sick- to be obliterated in our society, we training for judges and prosecutors on ness, and women and children are its need to provide communities with the victims of child abuse; training for most common casualties. Violence resources they need to prevent in- state court judges on rape, sexual as- against women in the home is a hei- stances of violence and protect victims sault, and domestic violence, and pro- nous crime being committed behind from further abuse. By providing addi- grams to address domestic violence in locked doors and pulled shades in cities tional funding to the Violence Against rural areas. and towns across America. By commit- Women’s Act, Congress will strengthen Last year, $240 million was promised ting this additional funding to the Vio- the lines of defense in the battle by Congress for the Violence Against lence Against Women’s Act, Congress against domestic violence. Women Act [VAWA] programs for fis- will give women the tools to bring this Ms. MIKULSKI. Mr. President, I rise cal year 1996—$176.7 million for VAWA crime out of the shadows. today in support of the Biden amend- programs administered by the Depart- Mr. President, a policeman recently ment, which restores the $75 million ment of Justice, and $61.9 million for said, ‘‘The most dangerous place to be shortfall in funding for programs to VAWA programs administered by the is in one’s home between Saturday prevent violence against women. Department of Health and Human night at 6 p.m. and Sunday at 6 p.m.’’ After years of hearings, reports and Services. He forgot to add, ‘‘Especially if you’re statistics we learned that our society All of this is funded out of $4.2 billion a woman.’’ A 10-year study found that and our criminal justice system has provided by the crime trust fund in in cases where the identity of the killer been ignoring violence against women, 1996. Funding in the crime trust fund is known, over one half of all women often with tragic consequences for comes from eliminating 123,000 federal murdered in America were killed by a women, their children, and ultimately, jobs and cutting domestic discre- current or former male partner or by a for society itself. tionary spending. Full funding of the male family member. Studies have also We learned that one-fifth of all ag- Violence Against Women Programs has shown that violence against women in gravated assaults in the United States no effect on the budget deficit and re- the home causes more total injuries to occurred in the home; 3 to 4 million quires no new taxes. Now, I want my S 14510 CONGRESSIONAL RECORD — SENATE September 28, 1995 colleagues to clearly understand what batter their children. Or children may outraged that a woman’s home can be this all means. Last year, as a country be injured during an incident of paren- the most dangerous, violent, or deadly we decided that addressing crime was a tal battery. We also know that 25–45 place she can be; if she is a mother, the top priority. We decided that savings percent of all women who are battered same is true for her children. It was from streamlining the Federal Govern- are battered during pregnancy. Batter- with the passage of the Violence ment and cutting other domestic pro- ing during pregnancy is the most com- Against Women Act that Congress said grams would go to fight crime. mon cause of birth defects. loudly and clearly it is time to stop the As a country we made a commitment Children are also scarred emotionally cycle of violence, it is time to make to breaking the cycle of violence and by witnessing the abuse of their moth- homes safe again, and it is time to help see that a person’s home is the safe ers. They are traumatized by fear for communities across the country deal place it should be. Last year, as part of their mother and their own helpless- with this crisis. Without full funding, the crime bill Congress passed the Vio- ness in protecting her. They may Congress will turn its back on women lence Against Women Act, we made a blame themselves for not preventing and their families. And it will turn its bipartisan commitment to address do- the violence or even for causing it. back on communities that are strug- mestic violence. But now, only a year This can manifest itself in aggression, gling to deal with increasing crime. later, we are considering a bill to cut sleeping disorders, or withdrawal. I urge my colleagues to support the funding for these programs. When a woman and her children are Biden amendment. I must, at the same time, commend struggling to leave violent homes, they Ms. SNOWE. Mr. President, I would my colleagues on the Appropriation face many barriers. Many people ask first like to thank my colleague from Subcommittee on Labor/HHS for their why she does not leave? Often the re- Delaware, Senator BIDEN, for crafting efforts and wisdom in more than fully sponse to this question is merely an- and offering this amendment as well as funding the Violence Against Women other question: why does he beat her? I my colleague from Utah, Senator Act Program under their jurisdiction. feel that particular response ignores HATCH, for his leadership. But we must remember all the pro- the realities of women’s lives. One rea- Mr. President, I want to speak to you grams in the Violence Against Women son women do not leave is fear. If she today not just as a U.S. Senator, or a Act are a package. Senator BIDEN and leaves, he will find her and kill her. citizen of Maine, or even as a Repub- others worked for 5 years on this piece Batterers often threaten to harm or lican. I want to speak to you as a of legislation. All the pieces of it fit to- take the children away to force her to woman, and I want to speak to you on gether. They all must be in place for it stay. Leaving him never guarantees behalf of the 135 million women of to work effectively. For example, we safety for a woman or her children. In America about an issue that has more can encourage arrests by police officers almost three-quarters of reported likely than not touched each of our but if they are not properly trained to spouse assaults, the victim was di- lives at some point in time. understand the dynamics of domestic vorced or separated at the time of the Let me just say that it is not an un- violence, an arrest could make the sit- attack. common occurrence in Congress for ei- uation more explosive. Likewise, if Women are also dependent on the ther Chamber to authorize funding for more batterers are being arrested but abusers for financial reasons. If they a particular program but not to fully judges are not trained to understand or decide to leave, often they can not af- fund that program at the authorized take domestic violence seriously ford housing or food for themselves and levels. It happens often, and, in some batterers are likely to go free or children. circumstances, there may be justifiable charged with lesser offenses. Abusers also play on emotions to reasons to take such a course of action. Violence Against Women Act pro- trap victims into staying. He will By not fully funding some wasteful grams must be fully funded. Anything threaten to kill himself. This plays on programs, we might even save the tax- less would result in a betrayal of the many victims desires not for the mar- payers of America some of their hard bipartisan promise Congress made. Do- riage to end, just the violence. earned tax dollars and use them to- mestic violence should be a priority for Domestic violence is a community wards programs that work and that national crime-fighting efforts. But issue. It is no longer an issue for make a difference in the daily lives of without adequate funding we cannot women; it is an issue for all women, America’s families. address this serious problem. men, and children. Communities need We know all too well that it is the vi- to work together. It was the Violence But I think it would come as a great olence in the home that seeps out into Against Women Act that was intended surprise to many Americans—espe- our streets. If we do not stop the vio- not only to strengthen the laws con- cially to those 135 million women—to lence in the home we will never stop it cerning general violence, it was to pro- know that a program such as the Vio- in the streets. We knew this when we vide some of the necessary resources to lence Against Women Act, which was passed the crime bill last year and it is communities to address the violence in passed as part of last year’s crime bill still true today. their own communities. in Congress, has not yet been fully Domestic violence is one of the most It was intended to help law enforce- funded. serious issues we face. It knows no ment officers to make responsible ar- Now, I think it is safe to say that the boarders. Neither race, gender, geo- rests and understand the dynamics of Violence Against Women Act is one graphic or economic status shields domestic violence—to learn not ask her program that deserves its full funding. someone from domestic violence. As a what she did to make him mad. It was It is not wasteful. It is not unneces- matter of fact, next week my wife to help train judges to treat domestic sary. It is not—and should not be—a Sheila and I are sponsoring the display violence as a crime and hold the abus- target of waste watchers. And it is not of 50 photographs by Donna Ferrato, an ers accountable for the violence. to be overlooked. But it has been. award winning photojournalist. These How ironic it is that last year around Fortunately, today, we have an op- photographs provide powerful and this time we were celebrating the pas- portunity to correct this oversight. graphic evidence of this crisis, and I in- sage of the Violence Against Women For those who may be wary of its vite my colleagues to view them, I am Act. We were celebrating because, fi- funding—or who may doubt its neces- only disappointed that these photos nally, the Federal Government had sity in this era of penny-pinching and could not be displayed while we debate taken a very bold step to make the pro- budget scrutiny—let me just take a this issue. tection of women in their homes a top moment to paint a picture of life in Mr. President, nationwide, every 15 priority for this Nation. And now, 2 America’s streets and homes for some seconds a woman is beaten by a hus- days before the beginning of Domestic women. band or boyfriend, over 4,000 women are Violence Awareness Month we are con- It is a picture where more than 2.5 killed every year by their abuser, and sidering a bill that cuts the funding for million women annually are victims of every 6 minutes a woman is forcibly these important programs. violent crimes. raped. As I travel and meet more and more It is a picture where an estimated We know that the majority, 70 per- women and children who are victims of 5,000 women are beaten to death each cent, of men who batter women also domestic violence, I become even more year. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14511 It is a picture where in the 1990’s, one the fight here on the floor has been point, that there are certain facts peo- out of every eight women have been joined by such men as Senators BIDEN ple should keep in mind. I think of all the victim of a forcible rape. and HATCH. Namely, the fathers, sons, the facts that affect women in this Na- It is a picture where every 15 seconds and brothers of the women of America tion as a consequence of violence, the in America, a woman is battered—and who face the threat of violence each thing that surprises me, that surprises where every 6 minutes, a woman is and every day. They deserve to know most Americans most often are the fol- raped. that the women who mean the most to lowing: It is a picture where, between 1989 them and their lives are safe on the That family violence is the No. 1 and 1993, the number of known rape of- streets of our cities. cause of injury to adult women in fenses increased by 11 percent—despite It is for these reasons that I and 29 of America—No. 1, No. 1—not breast can- more awareness of violence against my Senate colleagues requested that cer, not heart attacks, not strokes. The women. we fully fund the Violence Against No. 1 cause of injury to women in It is a picture where a woman in our Women Act in an August 9 letter to the America is family violence, in almost country is more likely to be assaulted, Senate Appropriations Committee. every instance the fist of a man, sup- injured, raped, or killed by a male part- The Violence Against Women Act posedly someone who loves them. ner than by any other assailant. should be fully funded as it is supposed The second point that people should It is a picture where at least a third to be fully paid for out of the crime keep in mind and why this is so impor- of all female emergency room patients trust fund that Congress created last tant: Every 18 seconds a woman is are battered women, while a third of year. But the bill before us does not beaten by her spouse, boyfriend, or all homeless women and children are provide for it. Rather, the moneys other intimate partner in the United without shelter because they are flee- within the crime trust fund have been States, making the home the most dan- ing domestic violence. what they call ‘‘re-prioritized,’’ which gerous place in the world to live for And the litany of tragedy and vio- in English means that the Violence being a women in a democracy. As lence goes on to paint an even fuller, Against Women Act has been short- many as 35 percent of all the women starker, and more disheartening pic- changed to the tune of about $75 mil- who will visit an emergency room in ture. lion. any of our cities tonight, one-third of In fiscal year 1995, total funding for This is an issue about a woman’s all the women who will walk into an this program was $26 million. The safety, a woman’s rights, and our abil- emergency room in Washington, DC; House Appropriations Committee ap- ity as a nation to protect those inalien- Wilmington, DE; Boston, MA; Butte, propriated $125 million for the program able rights as guaranteed under the MT, one-third of them tonight who for fiscal year 1996, and the Senate Ap- Constitution. walk in will be there as a consequence propriations Subcommittee funded $100 But how can we defend a woman’s of the fist of a man. They will be there million—a threefold increase over cur- right to ‘‘life, liberty, and the pursuit because a man has injured them. rent funding, but still far short—woe- of happiness’’ when we cannot protect Three million children a year witness fully short—of what American women her from ‘‘rape, battery, and the on- family violence in their homes. And as need and deserve to combat violence slaught of violence.’’ a consequence, the statistics are over- and domestic abuse. Mr. President, the Violence Against whelming. I will not bore you, but Today, we are proposing a remedy to Women Act is a critical tool in our those children significantly have a fight to combat domestic violence meet this crisis of funding head-on. The amendment offered by the Sen- greater likelihood of dropping out of across America. It is an essential bill ator from Delaware and the Senator school, becoming alcohol and drug for our mothers, our daughters, our sis- from Texas provides the additional $75 abusers. They are the highest percent- ters, our relatives, our friends, and our million needed to fully fund the Vio- age of suicide attempts, and, most coworkers. frightening of all, they become abus- It contains provisions that enhance lence Against Women Act. Mr. President, let me conclude by ers—abusers. They become the abusers. penalties for sex offenders; provides saying that—as a former Cochair of the So, for these and 1,000 other reasons grants to States to improve law en- Congressional Caucus for Women’s Is- we could all speak to, I think this is a forcement, prosecution, and victims sues—I understand and know first-hand very, very important error we are cor- services in cases of violent crimes the importance of making women’s recting in this bill. against women; authorizes over $200 health and women’s safety a priority Mr. President, I ask for the yeas and million for rape prevention and edu- for Congress, because we must speak nays on the amendment. cation programs; provides funds for the out for the 135 million women and girls The PRESIDING OFFICER. Is there a creation of a national domestic vio- of America. sufficient second? lence hotline as well as battered wom- We cannot let them down. We can no There is a sufficient second. en’s shelters; and does much more. longer treat the Violence Against The yeas and nays were ordered. These provisions will help become a Women Act as a political football and Mr. BIDEN. I yield the floor. shield for women and deliver justice to simply fumble away women’s needs and Mr. GRAMM addressed the Chair. victims of hateful and brutal assaults. concerns. The PRESIDING OFFICER. The Sen- Already, within the past year, two in- I urge my colleagues to support the ator from Texas. dividuals have been imprisoned for life Biden-Gramm amendment. Mr. GRAMM. Mr. President, I think terms under this act for beating their Mr. BIDEN addressed the Chair. we are going to decide to stack votes. spouses or girlfriends. The PRESIDING OFFICER. The Sen- So what I would like to do, unless While I will be the first to say that ator from Delaware. someone else wants to speak on this violence knows no gender barriers and Mr. BIDEN. Mr. President, I was amendment, is to suggest the absence is clearly a threat to both men and taught by a fellow from South Carolina of a quorum until we can decide if we women alike, no one can turn a blind when I first got here 23 years ago that are going to do that, in which case we eye to the fact that women are espe- when you won, sit down. I mean, we would simply make this the first vote cially to be found in the scope of dan- won in the sense that everyone wins when we do the stacked votes. ger and crime. here. Women of America win. Mr. BIDEN. Mr. President, before the Consider that women are six times— I would like to ask unanimous con- Senator suggests the absence of a 6 times—more likely than men to expe- sent—I will be very brief—that the fol- quorum, I want to make it clear it is rience violence committed by an inti- lowing Senators be also added as origi- perfectly fine with me whatever way mate. Consider that women and girls nal cosponsors: Senator INOUYE, Sen- the Senator wishes to proceed. are victimized by relatives at four ator AKAKA, Senator KOHL, Senator Mr. HATCH. Will the Senator yield? times the rate of males. And consider LEAHY, Senator HARKIN, and Senator Mr. KERRY addressed the Chair. that an astounding 95 percent of vio- SANTORUM, the Presiding Officer, from The PRESIDING OFFICER. The Sen- lence victims are, in fact, women. Pennsylvania. ator from Massachusetts. But the men of America have a stake Let me just say in closing, and then Mr. KERRY. Mr. President, I ask if it in this legislation as well, which is why I will ask for the yeas and nays at that would be permissible then to proceed S 14512 CONGRESSIONAL RECORD — SENATE September 28, 1995 simply to speak on some issues with re- with a greater threat than they were 10 only going to provide 20,000 police offi- spect to the crime bill instead of put- or 15 years ago with a lesser threat. cers because you are not paying for the ting in a quorum call. Ask anyone in those communities whole thing.’’ Since when was it the re- I know, Mr. President, that discus- about the relationship between the sponsibility of the Federal Government sions are going on now. We are nego- community and police. By and large to pay for the whole thing? Every time tiating, and Senator BIDEN is rep- the police come in, they drive through we have had a Federal grant program, resenting our side, with respect to the in a cruiser, they are gone. People do it would be with a matching grant issue of cops, police. I would like to not know them. It is a sign of transient where we have required 75 percent, 90 talk for a few minutes, if I may, Mr. authority, not the sign of a present au- percent, or some percentage. Sometime President, about this issue of cops. It is thority that makes an impact on peo- we continued the 90 percent-10 percent one that I have been deeply involved in ple’s lives. The word ‘‘cop’’ came from relationship for 10 years, 15 years. and concerned about for all the time I the British concept of ‘‘constable on In this particular case, we have de- have been in the Senate. And in the patrol.’’ And it meant on patrol on cided that this is a sufficient national last few years we finally have been able foot, walking within a community. We crisis that we want to ask the local to elicit a response to try to meet one used to do that in America. That was communities and the States to accept of the great needs of the country. the nature of policing originally. The what is already their responsibility—to There is not one of us who has not police officer knew the community, the put police officers on the street. We did been touched at one time or another in people knew the police officer. There not say we want to put floodlights on one way or another and sometimes was a relationship with the police offi- the jail, we want to put computers in very personally. I remember listening cer. The police officer was a role the station, we want new cruisers on to the Senator from North Dakota in model. So, indeed, criminal activity the road. We want to put police officers his own personal tale of what happened rarely took place right under the nose on the streets of this country because to his wife right here over on Capitol of a police officer on patrol. that is what we need to begin to regain Hill. There are dozens of other exam- Now, in recent days, we have sent a and take back control over our commu- ples. We have had a Senator randomly message to people in this country that nities and our streets. shot in the past here in Washington. most crimes are very difficult to trace, Mr. President, in recent weeks and We have had countless citizens in this very difficult to make arrests. In fact, months, I have toured a lot of Massa- city right around us shot. It is a war one of the most startling statistics chusetts and gone into the commu- zone. It is the murder capital of the that I have come across is the fact that nities that, because of our effort, have country. And it ought to have set a out of the 200,000 murders that oc- community policing. I can tell you better example for what response curred in this country in the last dec- about Northhampton, MA. I can tell should have been from the U.S. Con- ade, fully 100,000 of them were murders you about Gardner, Saugus, Lynn, gress. that occurred by total strangers. about a host of areas, such as Boston Such a random act of violence oc- Americans are being killed, not, as the and Lowell, where they now have com- curred just a couple days ago in Massa- FBI once told us, in these family dis- munity policing, and where they have chusetts to a young prosecutor, Assist- putes or lovers’ quarrels, but they are been able to put it into effect and lit- ant Attorney General Paul being murdered randomly by people erally reclaim the community. McLaughlin, the son of a friend of they have never seen and never met. I was in a housing project where you mine, former Lieutenant Governor and And what is more frightening is fully now have community police officers on U.S. attorney. But this young assistant two-fifths of those murders are com- bicycles who ride around through the attorney general, himself involved in mitted by people who will never walk entire community, who walk around working to fight the problem of gang through the threshold of a police sta- and play with the kids, who started warfare and gang criminal activity, tion or a courthouse. basketball with the kids. The kids run was simply gunned down going to his Fully two-fifths of the murderers in up to them when they come into the car coming home in the evening after America will never even come to jus- area, instead of running away from his normal 12-hour day in a prosecu- tice. And 100,000 of our citizens in the them, which is what they used to do. tor’s office. A hooded young person last decade were gunned down by utter These officers have helped literally to walked up and blew him away. strangers. So when people say, well, give that community hope. I talked this afternoon with his fa- violent crime is going down in America In Lowell, on Bridge Street in Somer- ther. And there is no way to express because there were 200 murders in your ville, as recently as a couple of years the sorrow that he and his family feel city last year and this year there were ago, druggies and prostitutes had and no way for us to express our sorrow only 190, how are you supposed to feel taken over the street. Citizens were on their behalf. safer? What greater safety is there in afraid to come out of their homes in But I can say, Mr. President, with knowing that instead of 200 murders, the street because of the vermin that clarity that what the State and local 190 of your citizens were blown away? were in the street. I talked to entities have been doing over the Mr. President, 100,000 police officers storeowners who said that as a result course of the past years and the Fed- is an inadequate response. I say to my of those druggies and prostitutes, their eral response to that is truly uncon- colleagues today that 100,000 police of- earnings have gone down and people scionable because we have literally ficers is an inadequate response. And would not come into the store any- been disarming in the face of an in- what is really bizarre in this new equa- more. Lo and behold, with a grant from creasing threat on an annual basis, a tion we are debating in Washington, the Federal Government, we opened a threat that is measurable. And all of us the two greatest public crises in Amer- small storefront and police officers have come to understand, I hope fi- ica today—education and public safe- went in; they are there all the time. nally, that nothing is more important ty—are already today 100 percent and The druggies are gone, the prostitutes in terms of really fighting crime than 95 percent controlled at the local level. are gone, the community has been re- to put police officers on the streets of So here we are with an implosion of claimed, and it is coming back to life. the country. capacity to resolve these problems at Mr. President, in addition to that, Mr. President, I have quoted the sta- the local level, and we are busy saying the police officers have been able to in- tistics before, but somehow they do not we are going to send back to the local tervene before crimes are committed. always seem to break through. But 15 level more responsibility with less re- They have been able to get to know years ago in this country we had 3.5 po- sources. If that does not underscore the people, to know who the troublemaker lice officers per violent crime. Today need for more than the 100,000 police of- is, who identify who belongs in the we have, depending on the statistics, a ficers, I do not know what does. Here community, to be able to make deter- range of 3.5 to 4.6 violent crimes per po- we are, for the first time in American minations about who they need to lice officer. You can go into any of the history the Federal Government is pay- watch more closely, who needs help. By major criminal activity communities ing for local police officers. virtue of their intercessions, they have in this country and you will find they Now, I hear some people around the literally directed people into various are operating with less police today country say, ‘‘What a fakery. You are human service treatment facilities or September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14513 functions where those people left to The PRESIDING OFFICER. Under tween $300 to $700 million. The alter- their own devices might well have the previous order, the Senator from native that is being considered by the pulled out a knife, a gun, or been one of New Mexico is recognized to offer his FCC would call for the American peo- the people in the statistics that the amendment. ple to receive much less valuable spec- Senator from Delaware talked about Mr. DOMENICI. I yield to the Sen- trum and $5 million dollars. Clearly, it earlier. ator from Arizona who has an inquiry is in the best interest of the American So, Mr. President, it works. It is to make. people that this spectrum be sold at working in America. Countless people Mr. MCCAIN. Mr. President, I ask public auction. have said, ‘‘You are not going to put unanimous consent that I be recog- Mr. President, I want to state at the more than 5,000 police on the street nized for 10 minutes to propose an outset I have no interest in any of the within a year. You are not going to put amendment, at which time the amend- companies involved in this issue. None 15,000; you are never going to get to ment be set aside for the purposes of of them to my knowledge is rep- 20,000.’’ Well, more than 25,000 new po- the Senator from New Mexico to pro- resented in my State. I do know that lice officers, additional police officers, pose an amendment, and I ask that at the company that seeks to acquire this are already on the streets. It is because least 20 minutes be reserved after the for $5 million is the largest cable com- of the effort of this legislation. disposition of the amendment of the pany in America. So, Mr. President, it is my profound Senator from New Mexico that 20 min- Mr. President, the spectrum is a fi- hope that in the next hour, or moments utes be allocated to the Senator from nite public resource. It is owned by the ahead, we will succeed in working out Colorado [Mr. BROWN], and 10 minutes American people. And it may prove to an agreement with the Senator from for the Senator from North Dakota be the single most valuable resource Texas to be able to put back into this [Mr. DORGAN]. held by the public. In recognition of bill the original concept of the commu- The PRESIDING OFFICER. Is there that fact, in 1993, the Congress man- nity policing. objection? date the first auctions of the spectrum. Block grants work in some cases. I Without objection, it is so ordered. The still-in-process wireless tele- am not against block grants. I have AMENDMENT NO. 2816 communications auction has generated voted for them. But in this particular (Purpose: To Ensure competitive Bidding for a staggering $8 billion dollars and the case, we have tried to target a particu- DBS Spectrum) auctions are only half completed. lar national emergency and need, and Mr. MCCAIN. I send an amendment to This amendment recognizes the value we have tried to do it in a way that is the desk and ask for its immediate con- of the spectrum and our duty as peo- administratively inexpensive. In fact, sideration. ple’s trustees to handle the spectrum it is less expensive to implement the I want to thank my friend from New in a manner that most benefits all the direct justice grant program of the Mexico for allowing me to propose this American people. crime bill with a cost of about 0.8 of a amendment. Mr. President, this amendment en- percent administratively than to ad- The PRESIDING OFFICER. The sures that the American people benefit minister the 2.5- to 3-percent adminis- clerk will report. from the sale of this spectrum. trative costs that will go with a block The legislative clerk read as follows: The amendment does not choose win- grant. The Senator from Arizona [Mr. MCCAIN] for ners or losers. It does not allow ACC, Moreover, under the block grant, himself and Mr. DORGAN, proposes an amend- the corporation that sat on this spec- there is absolutely no guarantee what- ment numbered 2816. trum for 10 years and did nothing to soever that police officers will get to Mr. MCCAIN. Mr. President, I ask make a profit. the street rather than the floodlights unanimous consent that reading of the The amendment does not change the to the jails or the new cruisers to the amendment be dispensed. rules in the middle of the game. ACC station, or the new computer. And that The PRESIDING OFFICER. Without never owned this spectrum, it received is not to say those things are not im- objection, it is so ordered. a license under certain terms—terms it portant. It is not to say that people do The amendment is as follows: never lived up to. The FCC therefore correctly withdrew ACC’s license and not have a right to ask for those things At the end of the Pending Committee and that they do not need them. But Amendment, insert the following new sec- permission for it to construct a DBS when 95 percent of the crime is a local tion: system. jurisdiction, and the Federal Govern- SEC. . COMPETITIVE BIDDING FOR ASSIGNMENT Most importantly for consumers, this ment is singling out a particular need OF DBS LICENSES. amendment will not prevent new serv- and the particular emergency, we have No funds provided in this or any other Act ice from being offered to the general a right to expect that that emergency shall be expended to take any action regard- public, including service to those who is going to be met. And if one commu- ing the applications that bear Federal Com- live in Alaska and Hawaii. Those living nity does not need those police, Mr. munications Commission File Numbers in rural areas are also not adversely ef- DBS–94–11EXT, DBS–94–15ACP, and DBS–94– fected in any way by this amendment President, I guarantee you there are 10 16MP; Provided further, that funds shall be other communities in America that made available for any action taken by the and the I want to note that the Na- will gladly use the money to put police Federal Communications Commission to use tional Rural Electric Cooperative Asso- on the streets and make their citizens the competitive bidding process prescribed in ciation strongly supports this amend- safer. Section 309(j) of the Communications Act of ment. So, again, it is my hope that we will 1934 (47 U.S.C. § 309(j)) regarding the disposi- Mr. President, let me lay out the succeed in doing what we have already tion of the 27 channels at 110° W.L. orbital facts surrounding this specific block of done, what we voted for in an over- location. spectrum. whelmingly bipartisan fashion. I hope Mr. MCCAIN. Mr. President, I ask In 1984, the FCC divided a segment of that will not be undone in this legisla- unanimous consent to be recognized for the spectrum to be used for the broad- tion. 10 minutes. cast of direct broadcast satellite [DBS] Mr. GRAMM. Mr. President, unless The PRESIDING OFFICER. Without services. Under the terms of the agree- someone suggests otherwise or to the objection, it is so ordered. ment, spectrum would be allocated to contrary, I believe that the debate on Mr. MCCAIN. Mr. President, this the companies at no charge and in re- the pending amendment No. 2815 is amendment, sponsored by Senator turn, the companies would proceed dili- completed. A rollcall vote has been DORGAN and myself, would mandate gently toward the construction of a asked for by Senator BIDEN. that the FCC auction the one remain- DBS system. So I ask unanimous consent that the ing block of DBS spectrum which it Of all the spectrum allocated, only 3 vote occur on amendment No. 2815 at 9 holds. blocks of spectrum—located at 101°, p.m. this evening, and that that Currently, the FCC is considering 110°, and 119°—cover the entire con- amendment be temporarily laid aside. how to dispose of the 27 channels at tinental United States. These blocks The PRESIDING OFFICER. Is there 110° west longitude orbital location. If are known as full-conus blocks and our objection? this spectrum is auctioned, industry considered by industry experts to have Without objection, it is so ordered. experts state that it will sell for be- the highest dollar value. S 14514 CONGRESSIONAL RECORD — SENATE September 28, 1995 DirecTV and Echostar were given to the Congress for guidance. And I be- There being no objection, the mate- two of the coast-to-coast U.S. blocks of lieve it is appropriate for us to let the rial was ordered to be printed in the spectrum. FCC know that the Senate believes RECORD, as follows: Advanced Communications Corpora- that the spectrum should be disposed COUNCIL FOR CITIZENS AGAINST tion [ACC] was given the third full in a manner that brings about the GOVERNMENT WASTE, conus block, which consisted of 16 greatest amount of benefit to the Washington, DC, September 20, 1995. channels, and was granted approval to American people. Adoption of this DEAR SENATOR, The Council for Citizens begin construction of a DBS satellite amendment would ensure such an out- Against Government Waste (CCAGW) and service at 110° west longitude. ACC paid come. our 600,000 members support H.R. 2076, the Commerce, Justice, State, and the Judiciary nothing for the sole use of this spec- Mr. President, let me clarify, this is Appropriations for FY 1996. CCAGW com- trum. not about helping one company or mends Subcommittee Chairman Phil Gramm In November 1991, the FCC altered its hurting another. It is not about deter- and Appropriations Chairman Mark Hatfield spectrum allocation scheme and gave mining winners or losers. It is about for sending to the floor a bill which spends ACC at total of 27 channels at 110° protecting the American people’s inter- $4.6 billion less than the budget request and W.L., making the block even more val- ests. And faced with the staggering $1 billion less than the House version of H.R. uable. debt we have left for our children, we 2076. DirecTV is currently up and running must act in a manner that ensures this The $26.5 billion spending bill prioritizes the budgets for each agency under its juris- and available to the consumer. spectrum is sold for the highest diction. For example, the Justice Depart- Echostar is expected to be operational amount possible. ment receives $15 billion for FY 1996, almost earlier next year. Further, if this spectrum is auc- $3 billion more than in FY 1995, to fight our During this time, ACC was repeat- tioned, any company, TCI, Hughes, a nation’s crime problem. But with a nearly $5 edly warned by the FCC that it was not telephone company, anyone, can bid for trillion national debt, there is always more acting in compliance with the due dili- the spectrum. The auction alone will to cut from spending bills. gence standard. determine who is the winner and loser. CCAGW supports the following amend- In the summer of 1994, due to con- Not only is it the right thing to do, but ments: gressional mandate, the FCC began the The McCain amendment to mandate the it is the fairest thing. Federal Communications Commission to process of auctioning spectrum. The There will be some issues raised I auction the one remaining block of Direct PCS spectrum auction, which is now would like to address quickly. Broadcast System spectrum. If this spectrum about half complete, has generated ap- First and foremost, I have nothing is auctioned, communication industry ex- proximately $8 billion for the Treasury against TCI and have every reason to perts believe it will sell for between $300 to and the American people. believe that it operates in an exem- $700 million. It is in the best interest of the On September 16, 1995, ACC entered plary fashion. I said, this amendment American people that the spectrum be sold into an agreement with TCI to sell its is not about TCI or any other company, at public auction. spectrum to TCI for $45 million. Such a The Grams amendment to eliminate the it is about protecting the people’s in- East-West Center and the North/South Cen- sale would have meant that ACC would terests. ter, saving taxpayers $11 million next year. actually have profited from TCI and its subsidiary Primestar CCAGW opposes the following amend- warehousing spectrum for 10 years. have stated that they have spent con- ments: Only 3 months later, in December siderable money on procuring two sat- Any attempt to restore or increase funds 1994, ACC applies for a second exten- ellites and for a signal compression fa- to the Legal Services Corporation. sion of its construction permit. cility. The Inouye amendment to restore funds to The International Bureau of the FCC First, TCI chose to purchase these the Federal Maritime Administration. determined that ACC had not pro- The Bumpers amendment to restore funds two Space system/Loral DBS satellites for the Small Business Administration. ceeded with due diligence and issued an in 1990 for use by TEMPO, a cable con- The Bumpers amendment to restore funds order on April 26, 1995 that concludes sortium, for use at TCI’s high-power to the Death Penalty Resource Centers. ‘‘Advanced [Communications Corpora- DBS system located at 119° west lon- CCAGW urges you to support these amend- tion] must now return the public re- gitude. ments and H.R. 2076. It prioritizes cuts while sources it holds to the public so that In 1993, TEMPO asked the FCC to ensuring that state and local law enforce- these resources can be put to use by modify its DBS system and disclosed ment agencies are properly funded. CCAGW others.’’ This decision was based on the that it had granted Primestar an op- will consider these votes for inclusion in our 1995 Congressional Ratings. fact that up until 3 months before ACC tion to acquire the same satellites to Sincerely, applied for the extension it had done enable Primestar to operate with its THOMAS A. SCHATZ, nothing by warehouse the spectrum. own DTH system in the fixed service President. The bureau felt compelled to use a satellite high-power density arc. This JOE WINKELMANN, new, tougher definition of due dili- is different from where most DBS sat- Chief Lobbyist. gence due to the congressional man- ellites are located. date regarding spectrum auctions. At this point the same two satellites CONSUMER FEDERATION OF AMERICA, After the International Bureau deci- had been proposed to be used in two MEDIA ACCESS PROJECT, CENTER sion, the full Commission began con- FOR MEDIA EDUCATION, different locations. September 21, 1995. sideration of a plan to allow TCI to Now Primestar distributors are cir- Hon. JOHN MCCAIN, give up some of its allocated DBS spec- culating a memo that states that if the U.S. Senate, trum and in return receive the ACC ACC deal does not go through, that TCI Washington, DC. spectrum at a cost of $5 million. This has other options for satellite deploy- DEAR SENATOR MCCAIN, we are writing to $5 million is to pay for costs incurred ment. urge you to oppose an amendment that may by ACC. The spectrum being given up Mr. President, we must put aside cor- be offered to permit the FCC to transfer the by TCI is valued at a substantially porate interests and think about what Direct Broadcast Satellite (DBS) license cur- rently held by Advanced Communications to lesser value than the ACC spectrum. action will best serve the American ° the largest cable television company in the TCI would give up 11 channels at 119 people. In this case, I think there can world, TCI instead of auctioning it off to the and spectrum that allows DBS service be no doubt that the public will benefit highest bidder. At the present time, we are to be provided to Latin America, the most from auctioning this spectrum. unsure who will offer this amendment. This Pacific rim and China. No industry ex- Mr. President, the Citizens Against amendment would strike a serious blow to perts believe at this time that those Government Waste, Consumer Federa- the development of competition to the cable markets will be nearly as lucrative as tion of America, the National Tax- monopoly and shortchange the American the U.S. market. It could be decades if payers Union, and the National Rural public by giving away a prime piece of scarce not longer before the spectrum TCI of- Telecommunications Cooperative have radio spectrum for a fraction of its value. The cable industry has been claiming for fered up would be worth the value of all sent letters in support of this years that DBS presents a serious competi- the full conus U.S. spectrum. amendment. tive threat. While cable competition has not Mr. President, the FCC is at a stand- I ask unanimous consent that the yet arrived, DBS is a strong potential com- still regarding this issue. It is looking letters be printed in the RECORD. petitor to cable. If given the license to use September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14515 this spectrum. TCI would turn around and THE NATIONAL RURAL taxpayers $300 to $700 million and make lease it to Primestar Partners, a consortium TELECOMMUNICATIONS COOPERATIVE, this a competitive process. of the nation’s largest cable monopolists in- Herndon, VA, September 14, 1995. Mr. GRAMM. If the distinguished cluding TCI. Giving away what is perhaps Hon. JOHN MCCAIN, the single best part of the high powered DBS U.S. Senate, Senator has time, let me ask a ques- spectrum to the largest cable monopoly is an Washington, DC. tion to be sure I have this. Back when entirely wrong-headed policy. It is both anti- DEAR SENATOR MCCAIN: I am writing to let we used to give spectrum away, we competitive and anti-consumer. you know that the National Rural Tele- gave spectrum to a company that took This proposed amendment would allow TCI communications Cooperative (NRTC) and its it on the agreement that they would and its cable brethren to essentially jump rural electric and rural telephone system use it, that they would initiate con- ahead in line. There are a number of non- members nationally are alarmed about a struction, that they would begin to cable parties who are interested in providing pending action by the Federal Communica- broadcast on that signal. tions Commission (FCC) which would allow DBS service to compete with cable that The date that they agreed to is now would be foreclosed from using this prime the nation’s largest cable operators to under- slot because of this ‘‘sweetheart’’ proposal. mine satellite communications as a true past; is that right? In direct contrast, Sens. McCain and Dor- competitor to cable. Mr. MCCAIN. Long past, yes. gan have circulated an amendment which Today, NRTC and its rural utility system Mr. GRAMM. Now, having gotten the would auction this valuable spectrum to the members are actively providing digital sat- spectrum free and having gotten it for highest bidder. This could raised hundreds of ellite service to more than 200,000 rural con- a specific purpose free, the date by millions of dollars for the national treasury sumers living outside of and within cable which it had to be utilized is past, and and help insure greater competition for cable service areas. Our ability to do so comes through a major investment in Hughes Elec- now they are asking permission to sell in the process. It is this competition which it for $5 million, if I heard the Senator will protect consumers. tronic’s DIRECTV which gave us the right to correctly. Don’t slam the door to cable competition bring digital satellite services to rural and don’t reach into consumers’ pocket to Americans. The PRESIDING OFFICER. The time enrich a group of the biggest monopolists in Today, our rural utility systems provide of the Senator has expired. America. We urge you to defeat the amend- more than 150 channels of digitally transmit- Mr. GRAMM. Mr. President, I ask ment to transfer Advanced ted satellite programming service to con- unanimous consent for 2 additional Communications’s DBS license to TCI. sumers who look to them for new services minutes, if the Senator will so yield? Sincerely, and products. Today, we lease, rent and sell Digital Satellite Systems and we are provid- The PRESIDING OFFICER. Without BRADLEY STILLMAN, objection, it is so ordered. Consumer Federation of America. ing local service and support to a rural sub- scriber base that grows by more than 1000 Mr. GRAMM. So their time for using GIGI SOHN, Media Access Project. new customers a day. And we are doing so in the spectrum having expired, they are competition currently with PrimeStar and JEFFREY CHESTER, now proposing to sell it for $5 million. Center for media Education. are aware that next year we will have an ad- But, if I heard the Senator right, if we ditional competitor—DBS licensee, asserted the right of the taxpayer to EchoStar. NATIONAL TAXPAYERS UNION, We are very concerned that the FCC will have the spectrum back, since the user Washington, DC, September 21, 1995. give the PrimeStar partnership, led by ma- has not fulfilled its end of the contract, Hon. JOHN MCCAIN, jority owner TCI/Tempo, a DBS license that we could sell that spectrum for how U.S. Senate, had been ‘‘warehoused’’ by Advanced Com- much money? Washington, DC. munications Corporation (ACC) for 10 years. Mr. MCCAIN. I would say to my DEAR SENATOR MCCAIN: The 300,000-mem- As we understand, not only will the FCC give friend, first of all, they were going to ber National Taxpayers Union (NTU) sup- the license away, it appears it will do so ports your amendment to require competi- sell it to TCI for $45 million instead of without opening this unused spectrum to a $5 million, and they were awarded this tive bidding for awarding the last block of competitive bidding process. An FCC give- Direct Broadcast Satellite (DBS) spectrum away of DBS frequencies which are conserv- license in 1984. Mr. President, 10 years held by the Federal Communications Com- atively valued at more than $300 million, will later, in 1994, they had still not done a mission. seriously hamper competition inside and single thing in order to comply with National Taxpayers Union has long sup- outside cabled areas. Further, it will do the purposes of the license, in other ported privatization of many public assets. nothing to decrease the nation’s budget defi- words set up a DBS system. The onset of the Information Age has cre- cit while rewarding a company that sat on The estimates are between $300 and ated an extremely lucrative market for ad- its DBS license and did nothing to provide $700 million would be the price of this vanced communications, in turn dramati- service to consumers. cally increasing the potential value of the NRTC is in full support of your proposed spectrum at an auction. There are sev- spectrum remaining under government con- amendment to H.R. 2076, the Commerce, Jus- eral major competitors. trol. tice, State and Judiciary Appropriations bill. The reason why there is such a huge Given the economic potential of the com- It is the proper response to heavy-handed ef- spread, between $300 million and $700 munications sector, Congress should rely on forts by an entrenched industry interested in million, is because the amounts we competitive bidding and other market mech- controlling competition and free-market ac- have already received from spectrum anisms to allocate federally owned spectrum. cess to telecommunications services. NRTC auctions have doubled the original esti- By providing a competitive auction for DBS has previously endorsed auctioning all the mates that we received from other spectrum, your amendment will ensure a fair DBS spectrum involved in this FCC proceed- market price for this property, not an arbi- ing in a letter to the FCC. spectrum auctions. trary settlement negotiated by bureaucrats Thank you for your support. Mr. GRAMM. So the request is, hav- and special interests. Sincerely, ing not fulfilled their commitment to Previous spectrum auctions have benefited BOB PHILLIPS, the taxpayer, they want the right to taxpayers and have allowed dynamic new Chief Executive Officer. sell it to somebody for $45 million, businesses to develop their cutting-edge Mr. MCCAIN. Also, interestingly, I when, if we exercised the contract on technologies. Charges and counter charges have received numerous letters from behalf of the taxpayers and took it from interested corporations aside, a com- small cable companies and electric co- back, we would get between $300 and petitive bidding process is the best solution $700 million—million? to establishing ownership at a fair price for operatives all over America. this DBS spectrum. The Williams Cable Services in Phoe- Mr. MCCAIN. Million. Enactment of your amendment would nix, AZ; Eastern Illinois Electric Coop- Mr. GRAMM. Between $300 and $700 allow the market to decide the price for this erative; the Little OCMUCLG Service million for it. In essence, the Senator’s resource. Many members of the 104th Con- in Georgia; Agate Mutual Telephone amendment is trying to protect the gress have resolved to end business as usual Co. in Colorado; the Volcano Vision Co. taxpayer from losing a minimum of a in Washington, and allow market forces to in Pine Grove, CA; Oklahoma Tele- quarter of a billion dollars by simply have a greater impact on government policy. phone Co., Davenport, OK; Turner Vi- enforcing our end of the contract? They have the perfect opportunity to dem- sion in Bluefield, WV; Kansas DBS, Mr. MCCAIN. I would say to my col- onstrate their resolve by supporting your amendment to auction DBS spectrum. Flint Hills Rural Development Corp.; league in response, he is correct. That Sincerely, South Alabama Electric Cooperative, is why the Citizens Against Govern- DAVID KEATING, Adams Telephone Co., and others who ment Waste, the Consumer Federation, Executive Vice President. are all in favor of giving the American National Taxpayers Union, and others S 14516 CONGRESSIONAL RECORD — SENATE September 28, 1995 are all in favor of this amendment, be- Mr. BROWN. I will ask the Senator Mr. KERREY. Mr. President, I dis- cause of the enormous benefit, of $700 from Arizona, he has indicated his cussed with the distinguished Senator million. amendment will have a positive reve- from Texas, the manager of the bill, Mr. BURNS. Will the Senator yield? nue impact, save millions of dollars. and the Senator from New Mexico a Mr. MCCAIN. My friend from New Has the amendment been reviewed by unanimous-consent request I would Mexico was kind enough to yield time the Congressional Budget Office? And like to offer; that I be allowed to set to me. I will be reluctant to use over what is their estimate of how much aside the pending business for 2 min- that time because he has an amend- money it raises? utes, request the yeas and nays, and go ment. Mr. MCCAIN. It has been scored as back immediately to the business of The PRESIDING OFFICER (Mr. BEN- zero because it does not change the the distinguished Senator from New NETT). The time of the Senator from baseline. But I can tell my friend, it is Mexico? Arizona has expired. patently obvious that if a spectrum is Mr. DOMENICI. Mr. President, I have Mr. DOMENICI. Mr. President, I have going to be auctioned off for some- no objection. no objection if they want to use some where between $300 million and $700 The PRESIDING OFFICER. Without additional time. million, there is going to be an impact. objection, it is so ordered. How much time would the Senator Mr. BROWN. The Senator has indi- The Senator from Nebraska. like, Senator MCCAIN, another 5 min- cated—or the literature here indicated AMENDMENT NO. 2817 utes? these channels may be available for (Purpose: To decrease the amount of funding Mr. MCCAIN. The Senator from Mon- auction. Let me ask, has the Commis- for Federal Bureau of Investigation con- tana wanted to speak. sion made a final ruling as to whether struction and increase the amount of fund- Mr. BURNS. I ask unanimous consent or not these are to be forfeited? ing for the National Information Infra- I have 1 minute just to ask a question structure) Mr. MCCAIN. The Commission has in response, because I think it is im- not and is looking for guidance from Mr. KERREY. Mr. President, I have portant this body understand this. the Congress. an amendment I send to the desk. The PRESIDING OFFICER. Without Mr. BROWN. I might indicate what The PRESIDING OFFICER. The objection, it is so ordered. clerk will report. Mr. DOMENICI. Senator, I listen to my sense of the amendment is. First of all, it does not raise anything because Mr. GRAMM. Mr. President, has a you frequently and you need 2 minutes. unanimous-consent request been pro- Mr. BURNS. I need 2 minutes? CBO has not looked at it. And, No. 2, it is disposing of property someone else pounded? Mr. DOMENICI. Yes. Mr. KERREY. Yes. The Senator from ostensibly has a title to and the FCC Mr. BURNS. I may need more than Nebraska asked to have 1 minute to has not cleared it. that. I think it is important for this propose an amendment. The PRESIDING OFFICER. Under body to understand that the spectrum Mr. KERREY. Mr. President, 2 min- the previous order, the Senator from has already been reclaimed and is utes. owned now by the FCC. It is available New Mexico is recognized. Mr. GRAMM. Has that unanimous- Mr. DOMENICI. Mr. President, Sen- for sale. Is that not correct, I will ask consent request been agreed to? my friend from Arizona? ator BROWN is here. I do not know that The PRESIDING OFFICER. Yes. Mr. MCCAIN. That is correct. But the Senator MCCAIN, accurately, Senator Mr. GRAMM. Parliamentary inquiry. contract that was entered into 3 BROWN, described the time you would This amendment will be, after he pre- months before the license was revoked need. He suggested 10 minutes? Is that sents it, it will be set aside and be fully is still a pending item before the FCC. 10 for you and 10 for somebody else? debatable at that point, is that right? Advanced had over 10 years, includ- Mr. MCCAIN. I suggested, and I would The PRESIDING OFFICER. That is ing one 4-year extension, in which to like to modify it concerning the desires correct. construct and launch its DBS system. of the Senator from Colorado, 20 min- Mr. GRAMM. I thank the Chair. It failed to do so. It failed to meet the utes for the Senator from Colorado and The PRESIDING OFFICER. The Commission’s due diligence rules, im- 10 minutes for the Senator from North clerk will report. posed a decade go to ensure the public Dakota. The legislative clerk read as follows: received prompt service therefor, if the Mr. GRAMM. My colleague needs to The Senator from Nebraska [Mr. KERREY], channels have gone unused. Only by en- get some time for himself. And 10 min- for himself, Ms. SNOWE, Mr. LEAHY and Mr. forcing the progress requirements of utes for you. LIEBERMAN, proposes an amendment num- the Commission’s rules can we ensure Mr. BROWN. My understanding was bered 2817. that allocated resources will be effi- the discussion involved some intermit- Mr. KERREY. Mr. President, I ask ciently and expeditiously put into pro- tent time so I might become familiar unanimous consent that reading of the ductive use. with the needs of the Senator from Ari- amendment be dispensed with. Mr. BURNS. I appreciate that. The zona. My hope is the distinguished Sen- The PRESIDING OFFICER. Without only reason I ask the question is I ator from New Mexico might go ahead. objection, it is so ordered. think we should be very sure of our Obviously, I am agreeable to an appro- The amendment is as follows: grounds here. Who actually owns that priate amount of time for the Senator At the appropriate place in the bill insert spectrum? Is it still in the hands of the from Arizona to respond to whatever is the following: ‘‘The amounts made available original winner in the lottery? Or is it raised on the floor. to the Department of Justice in Title I for owned by the FCC? I think that is a The time someone may wish, I would administration and travel are reduced by have no problem to work out some- $19,200,000.’’ question we should ask before we con- On page 73, between lines 4 and 5, insert sider this amendment. I am just trying thing. the following: Mr. DOMENICI. Senator MCCAIN, I to clarify that. INFORMATION INFRASTRUCTURE GRANTS Mr. MCCAIN. Let me try to clarify it assume now from your vantage point from getting this up things are under For grants authorized by section 392 of the one more time. Because the company Communications Act of 1934, as amended, did not exercise due diligence over 10 control and I can proceed? You are all $18,000,000, to remain available until ex- years, the FCC reclaimed it. Now it is right? pended as authorized by section 391 of the up to the FCC as to how they want to Mr. MCCAIN. Mr. President, I ask for Act, as amended: Provided, That not to ex- dispose of it. the yeas and nays on this amendment. ceed $900,000 shall be available for program Mr. BURNS. If the Senator is correct, The PRESIDING OFFICER. Is there a administration and other support activities then that clarifies my question. I sufficient second? as authorized by section 391 of the Act in- thank the Senator from Arizona. There is a sufficient second. cluding support of the Advisory Council on Mr. BROWN. Will the Senator from The yeas and nays were ordered. National Information Infrastructure: Pro- vided further, That of the funds appropriated Mr. MCCAIN. I thank the Senator Arizona yield? I ask unanimous con- herein, not to exceed 5 percent may be avail- sent to have 2 minutes to ask the Sen- from New Mexico for his courtesy and able for telecommunications research activi- ator from Arizona a question. patience. ties for projects related directly to the devel- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- opment of a national information infrastruc- objection, it is so ordered. ator from Nebraska. ture: Provided further, That notwithstanding September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14517 the requirements of section 392(a) and 392(c) The PRESIDING OFFICER. Without before we had the 2 hours, if we can. Is of the Act, these funds may be used for the objection, it is so ordered. it possible to do that, I ask the man- planning and construction of telecommuni- Mr. GRAMM. Mr. President, we con- agers of the bill? cations networks for the provision of edu- tinue to have some problems in that Mr. DOMENICI addressed the Chair. cational, cultural, health care, public infor- Mr. HATCH. Could I just ask that of mation, public safety, or other social serv- people are trying to find offsets for ices: Provided further, That in reviewing pro- their amendments. It takes time to do the manager of the bill? posals for funding, the Telecommunications that, and they discover that others Mr. DOMENICI. Reserving the right and Information and Infrastructure Assist- have used the funds available. It should to object, I say to the Senator, I have ance Program (also known as the National be hard to spend money. So I am not a few inquiries. It is my amendment Information Infrastructure Program) shall complaining about it. But to try to being set aside here. add to the factors taken into consideration sort of bring some order to the process, Mr. President, let me ask Senator the following: (1) the extent to which the I would like to ask unanimous consent GRAMM, there is an accommodation we proposed project is consistent with State are trying to make. I am now prepared plans and priorities for the deployment of that the distinguished Senator from the telecommunications and information in- Colorado, Senator BROWN, be recog- to proceed with my amendment. I told frastructure and services; and (2) the extent nized for up to 10 minutes to offer an the Senator I had been working on it to which the applicant has planned and co- amendment; after the 10 minutes, that because it is complicated, and we did ordinated the proposed project with other the amendment would be set aside and get switched signals in terms of the telecommunications and information enti- would be fully subject to debate or any money we had available. But I am pre- ties in the State. other relevant motions. pared now. So I do not want to delay it Mr. KERREY. The amendment I offer Then the Senate would go back to a the longest possible time. I wish to get on behalf of myself, Senators LEAHY, debate on the MCCain amendment until it up soon. So when would the Senator and LIEBERMAN, is a very straight- that debate is completed. If a rollcall from Texas be ready to discuss the Do- forward amendment. It restores $18.9 vote is asked for on the MCCain amend- menici amendment? Would the Senator million to telecommunications and in- ment, then it would be stacked after be ready at 8 o’clock? formation and infrastructure assist- the rollcall vote, currently scheduled Mr. GRAMM. I would be perfectly ance programs. for 9 o’clock, is completed. At that happy to have the Senator bring the This program has been highly suc- point, Senator BIDEN would be recog- amendment up, offer it, lock in his off- cessful with thousands of applications nized to offer his omnibus crime sets, if he has them, and I think that is for this. It is a matching program to amendment. There would be 2 hours of a legitimate concern. What I would get at least 2 for 1 for every dollar that debate equally divided, which would like to do, given that we had talked goes out. It is community-based. Com- get us to the 9 o’clock hour, at which about having the debate on the Biden munity-based organizations across the point we would have a vote on the amendment begin at 7, is, if the Sen- country have used this program to in- pending amendment. If there is a roll- ator offers the amendment now, to crease the educational effort in the call vote asked—— come back to it. telecommunications effort. It has cre- Mr. MCCAIN. It has already been re- This is a very important amendment ated jobs. It has created real advance- quested. to me. I am strongly opposed to it. And ment of understanding of how this tele- Mr. GRAMM. It has already been re- I think it will be something that will communications revolution can quested. We would have a vote on the be debated at some length. Clearly, the produce benefits at the local level. MCCain amendment, and at that point distinguished Senator from New Mex- Mr. President, I understand that the Biden amendment would still be ico has the right to the floor under the some of the objections have been raised pending, and if the debate is com- unanimous-consent request. So if he to this program; talked about it being pleted, we would have that vote at that wants to exercise that now, he can. something that has not proven up. I point. And perhaps we might look at the fol- urge my colleagues to look at not only I propound that unanimous-consent lowing potential unanimous-consent the success we have but the backlog request. request—that he would bring up the coming up. We have enjoyed a tremen- Mr. HATCH. Will the Senator yield? amendment and debate it for up to 20 dous success with this program. It is Mr. HOLLINGS. Reserving the right minutes. Then it would be set aside. not a program that is just throwing to object. Senator BIDEN would be recognized to money out there. It is a program that The PRESIDING OFFICER. The Sen- bring up his omnibus amendment, 2 requires a match from the community ator from South Carolina. hours equally divided, and at that level. It is a program that empowers Mr. HOLLINGS. I hope not to object, point we would have reached the hour citizens at the local level to make deci- but to be able to answer the MCCain of 9 o’clock and we will have the first sions about how they want to increase amendment we need a little time, 10 vote. We at that point could either go jobs and education in their own com- minutes to explain that amendment—if back to the MCCain amendment and munities. It has a fully funded offset. the Senator will put that in the unani- dispose of it or we could go back to the I hope that my colleagues will con- mous consent, that we have 10 minutes Domenici amendment and debate it. sider and support a program that will to explain it. Either of those things I would be agree- create jobs, and will create more Mr. INHOFE. Reserving the right to able to. empowerment for the American people object. Mr. DOMENICI. Mr. President, I say at the local level. The PRESIDING OFFICER. The Sen- to the Senator from Texas and Senator Mr. President, I ask for the yeas and ator from Oklahoma. HOLLINGS, what I would prefer to do— nays on the amendment. Mr. INHOFE. If I could inquire of the and I ask a parliamentary inquiry. The PRESIDING OFFICER. Is there a manager, where does that leave the Do- What is the agreed upon time for a vote sufficient second? menici amendment? tonight? There is a sufficient second. Mr. GRAMM. The Domenici amend- The PRESIDING OFFICER. A vote The yeas and nays were ordered. ment would then be brought up after has been ordered to occur at 9 p.m. to- The PRESIDING OFFICER. Under the votes had occurred beginning at 9 night. the previous order the Senator from o’clock. Mr. DOMENICI. On which amend- New Mexico is recognized. Mr. HATCH. Reserving the right to ment? Mr. DOMENICI. Mr. President, I sug- object. The PRESIDING OFFICER. On the gest the absence of a quorum. Mr. DOMENICI. Reserving the right Biden amendment. The PRESIDING OFFICER. The to object. Mr. DOMENICI. I would be glad to clerk will call the roll. The PRESIDING OFFICER. The Sen- accommodate anybody the chairman The legislative clerk proceeded to ator from Utah. wants to accommodate, except I would call the roll. Mr. HATCH. As I understand it, we like him to include in the unanimous- Mr. GRAMM. Mr. President, I ask were supposed to go after the MCCain consent agreement that immediately unanimous consent that the order for amendment. Ours would not take a after the first vote on the Biden the quorum call be rescinded. very long time, but I would like to go amendment, that Senator DOMENICI is S 14518 CONGRESSIONAL RECORD — SENATE September 28, 1995 permitted to offer his amendment; that hours equally divided on that amend- the Senator’s ability to offer his it be debated in full, whatever time ment; that if a vote is ordered on that amendment or any other amendment. that takes, and that it be voted on im- amendment, it occur immediately after Mr. BRYAN. I appreciate that. mediately following—it be the next the pending amendment, which will be The PRESIDING OFFICER. Is there vote following the Biden vote. That voted on at 9 o’clock; that the distin- objection? The Chair hears none, and it gives the Senator plenty of time, Mr. guished Senator from New Mexico be is so ordered. President, for what he desires. recognized at that point to offer his Mr. DOMENICI. Mr. President, I say Mr. GRAMM. If the distinguished amendment. to my friend from Texas, I do not re- Senator will yield, I have no objection Mr. MCCAIN. Reserving the right to member the word he used—how did he to what the Senator is doing, but it object, what does that do to the oppose my amendment? Perfectly? may well be that we might have an ex- MCCain amendment? What was the word? tended debate. Mr. GRAMM. It will simply be pend- Mr. GRAMM. With righteous passion. Mr. DOMENICI. I want to say I op- Mr. DOMENICI. Sure. ing and will be the order of business pose what he is for in terms of doing Mr. GRAMM. And we might decide when the Domenici amendment is dis- away with legal services with whatever for some reason that we might want to posed of. passion he just described. So we know go ahead and consider other amend- Mr. DOMENICI. Which is what I it is all even. ments intervening. thought we had in mind when I per- I yield the floor. Mr. DOMENICI. We might do that in mitted the Senator to bring up his The PRESIDING OFFICER. The Sen- due course. amendment. I think that is fair. ator from Arkansas. Mr. GRAMM. So I am reluctant to The PRESIDING OFFICER. Is there Mr. PRYOR. I have a question, Mr. lock us into voting on the Domenici objection? President. And I am sorry, I was not in amendment next. Mr. MCCAIN. I object. the Chamber. My question is, Mr. Mr. DOMENICI. I did not ask for The PRESIDING OFFICER. Objec- President, has the Senator from Texas that. I said the next amendment we tion is heard. propounded a unanimous-consent re- vote on would be the Domenici amend- Mr. DOMENICI. Mr. President, I per- quest and has that request been accept- ment. The Senator can have some mitted the Senator’s amendment to ed at this point? other amendments he wants to bring come up. The PRESIDING OFFICER. That is up. Get unanimous consent for that. I Mr. GRAMM. That is right. correct. think that is fair. I have been accom- Mr. MCCAIN. And we debated it and Mr. PRYOR. Mr. President, if I may modating everyone. all we need to do is have a vote on it, pose a question, I have an amendment Mr. MCCAIN. Will the Senator from it seems to me. that I would like to offer at some New Mexico agree to have a vote on my Mr. DOMENICI. Mr. President, that point. It can be done tonight, it can be amendment following the Biden is all right with me. Get him in, too. done early in the morning, or any time. amendment? The yeas and nays have No more debate. I am joined in that amendment by the already been ordered. Mr. MCCAIN. I withdraw my objec- distinguished Senator from Maine [Ms. Mr. DOMENICI. The problem I have tion. SNOWE]. It would be a sense-of-Congress is I very much want to debate tonight Mr. DOMENICI. I thank the Senator. resolution relative to the Economic the Domenici amendment. There are a Mr. HOLLINGS. Mr. President, I ask Development Administration. I am just lot of Senators who want to debate it. Senator GRAMM, there will be no wondering at what point or what order Senator GRAMM has a lot of people. I amendments to the Biden amendment? we could try to factor this particular have been accommodating. The Sen- Mr. GRAMM. I am not in a position amendment into the list? ator’s amendment will get voted on that I can commit to that, I say to the Mr. GRAMM. If the distinguished very soon but mine would precede that. Senator, because we have not checked Senator from Arkansas will yield—— I just ask that as a request. on our side. We have not seen the final Mr. PRYOR. I will be glad to yield. Mr. GRAMM. Will the distinguished form of the BIDEN amendment. What I Mr. GRAMM. It sounds to me as if we Senator yield? am trying to do is just have it consid- have a pretty full schedule for the rest Mr. DOMENICI. Of course. ered. I assume there will not be—I as- of the evening. My guess is that tomor- Mr. GRAMM. I would like to get an sume we have the votes, but we want to row morning would be a good time. But agreement that allows the distin- look at it. it may well be at some time tonight guished Senator from New Mexico Mr. HOLLINGS. We cannot agree to people will decide to get finished, at bring up his amendment now, speak on the time limit. which point obviously the Senator that amendment as long as he chooses Mr. GRAMM. There is not a time. We could offer the amendment. to, then Senator BIDEN would be recog- are just saying it will be debated be- We are basically set now in terms of nized to offer his omnibus amendment, tween 7 and 9, and that if it is com- unanimous consent on two amend- which is a crucial element to the com- pleted, that it would be the vote after ments. One is a fairly comprehensive pletion of this bill, that there be 2 9. If it is not, it would be pending. amendment by Senator BIDEN where we hours of debate equally divided, that Mr. HOLLINGS. All right. Get it up. will have 2 hours equally divided. Then would get us somewhere close to 9. We Mr. BRYAN. Mr. President, reserving we are going to Senator DOMENICI on would have the pending vote. We would the right to object, if I might inquire of trying to bring back the Federal Legal have the vote on the Biden amend- the floor managers, I just came to the Services Corporation, which will be de- ment. Then the Senator’s amendment floor a few moments ago, so I have not bated, I would think, pretty exten- would be the pending business and we heard the colloquy. I want the man- sively. We have an amendment pending would vote on it. And we would not agers of the bill to know that Senator by the Senator from Arizona. So I can- vote on anything else until we voted on BURNS and I have an amendment con- not tell the Senator that he would not it. cerning USPTA, and I just want to get to offer it tonight, but if I were the Mr. DOMENICI. Reserving the right make sure that the terms of the unani- Senator, if we are here tomorrow, I to object, Mr. President, all I want to mous consent would not preclude us would try to do it in the morning. do—I do not want to put my amend- from having an opportunity to offer Mr. PRYOR. Mr. President, if I could ment down and debate it for 10 or 15 that amendment and perhaps have a respond to my colleague, my friend minutes. Just change the request so vote. We do not need to do it this from Texas, I have no problem offering that I bring mine up immediately fol- evening. We can go tomorrow. I want the amendment tomorrow if I have just lowing the Biden amendment, and it is to assure my colleague that I am will- as much certainty as possible in the debated as long as necessary and then ing to cooperate and work with him. I time sequence, because I have three you have a deal. do not know the terms of the agree- amendments that I must offer in the Mr. GRAMM. All right. ment. Finance Committee markup on Medi- I ask unanimous consent that the Mr. GRAMM. If the Senator will care-Medicaid, and I am just trying to next amendment to be considered be yield, nothing in this unanimous-con- sort of find out where I should be and the Biden amendment; that there be 2 sent request would in any way limit which time I should be there. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14519 Mr. GRAMM. Mr. President, I am FCC to become more or less a Congress Under Secretary General for Administration sure that the same is true for Senator setting fees. And I withheld my ap- and Management, said today that a World HOLLINGS. We would try to accommo- proval of that. Bank loan was only one of many ideas being date the Senator in every way we can. I said I simply think, under the cir- explored ‘‘to lift from our shoulders the bur- den of debt.’’ Mr. PRYOR. Mr. President, I thank cumstances, that it is best that the Secretary General Boutros Boutros-Ghali the distinguished Senator. Congress not be involved in a half-of-a- said in an interview on Saturday that he Mr. HOLLINGS. Mr. President, as I hair-cut situation here whereby we planned to meet the World Bank president, understand now, in the unanimous-con- have not had a single hearing. James D. Wolfensohn, this weekend to dis- sent agreement, Senator BIDEN will The Chairman of the Commission has cuss the proposal. commence at 7 o’clock. To try to save not asked my guidance. If somebody In the past, the United Nations has bor- a little time, I was off the floor mo- says they are asking guidance, I do not rowed small amounts for specific develop- mentarily at the time of the presen- have any written letters or anything ment projects, Mr. Connor said, but there is tation of the amendment of the Sen- else like that on this particular mat- no precedent for a loan of this kind, which would go to paying off some of the organiza- ator from Arizona. The amendment of ter. Therefore, I am opposed to the tion’s growing general indebtedness. the Senator from Arizona as he relates amendment. I want to talk it out with ‘‘This crisis cannot be solved unless we can it could be very accurate. On the other the distinguished Senator from Ari- borrow money,’’ the Secretary General said. hand, I have heard different facts. zona. I know his intent is sincere. But The United States, which is at least $1.2 What occurs here is, as the Senator I think this is the kind of amendment billion in arrears in its dues to the United from Arizona has outlined the amend- that ought to be tabled. Nations, is expected to challenge the plan, ment, the FCC is asking for guidance. I only state this to use up some of an American diplomat said. Whenever that occurs, beware, for the the time. I see others want to use some The American opposition to any new idea for raising money surprised diplomats from simple reason that we have an FCC to time prior to 7, but I wanted to say Europe and elsewhere, whose governments have full hearings to hear both sides of that I am sorry I could not respond at pay their bills regularly. A Western diplomat a particular case and issue and there- the particular time that the Senator said today that with the United States the upon make a decision. from Arizona presented his amend- largest defaulter in assessments, it seemed I have heard from both sides spas- ment. I left the floor with the under- inexplicable that the Clinton Administration modically. I have not called the FCC standing that the Senator from New would make things worse behind the scenes. myself. I wanted to stay out of the Mexico was going to present his. An American diplomat said today that the case. But right to the point, it is my I yield the floor. Administration had ‘‘two basic problems’’ with the loan plan. understanding there is sort of a split Mr. SIMON addressed the Chair. The PRESIDING OFFICER. The Sen- ‘‘The United Nations and the Secretary down there. And there is a definite dif- General have no authority to borrow exter- ference of opinion with respect to due ator from Illinois. nally,’’ the diplomat said. ‘‘And borrowing diligence being used on the granting of U.N. PEACEKEEPING from the World Bank is restricted to sov- a particular license to an entity out Mr. SIMON. Mr. President, I am ereign governments.’’ there, I think, in Arizona. pleased with the negotiations that The World Bank is technically part of the The Arizona folks, it is related, did have taken place with Senator HOL- United Nations system, although the bank use due diligence, and came back twice LINGS, Senator HATFIELD, Senator and the International Monetary Fund, both based in Washington, operate with consider- to the Federal Communications Com- BIDEN, Senator GRAMM, and others. They have improved this bill. able independence. mission and were granted on both occa- The United Nations, which has not capital sions extensions, because what is in- Let me add one concern I do have. base and cannot borrow commercially, is volved here is a satellite spectrum This bill authorizes $250 million for owed $3.4 billion in unpaid assessments, of usage encompassing quite a commit- U.N. peacekeeping. The request from which the United States owes roughly half. ment of financial support. the President was $445 million. The The organization is $900 million in arrears That commitment of financial sup- House figure—in most areas the House in payments to countries that have provided port was finally obtained and commit- is, frankly, worse than the Senate—the peacekeeping troops and $400 million for pur- ted, and there is related $1 billion that House figure is $425 million. Again, our chases of various kinds. Half of the tens of figure is $250 million. The authoriza- millions of dollars awarded in contracts each has been committed, and there is a year go to American companies. launch date for that particular sat- tion figure from the Foreign Relations ‘‘Our inability to pay is impacting the will- ellite in April of next year. Committee, chaired by Senator HELMS, ingness of countries to participate in peace- Now, this is in issue. And as the Com- is $445 million—and we have $250 mil- keeping,’’ Mr. Connor said. The operation in mission was temporarily making a rul- lion here. This is on top of what we Bosnia alone is costing nearly $5 million ing, the parties involved appealed that have been doing to not pay our dues in daily, according to the Secretary General. particular ruling. And it is now under the United Nations. We are the No. 1 In a speech today to the General Assembly, appeal. So what happens is that the deadbeat in the world. the British Foreign Secretary, Malcolm Rifkind, proposed charging interest on late case comes to the Congress, and some Yesterday morning’s New York Times has a story ‘‘To Pay Some payments as one way of tightening penalties of us Senators on the Commerce Com- against member nations in arrears. He said mittee who are interested, of course, Debts, U.N. Will Try Borrowing From 39 nations failed to pay anything at all last and disposed to Federal Communica- World Bank.’’ We owe $1.2 billion to the year. tions matters, but without any hear- United Nations. They would not have In June at the meeting of the Group of ing, and without knowing what is best to be going to the World Bank if we Seven major industrial nations, Mr. Boutros- to be done, I have always come down, paid our bills. Ghali proposed that the United Nations because this occurs every time we get I ask unanimous consent to have would take bonds from nations owing money that article printed in the RECORD at and use them to settle debts with other up to a particular bill or something, member countries. That idea was also op- somebody brings up a fix, if you please, this point, Mr. President. There being no objection, the article posed by the United States. Mr. President, of a case down at the Mr. Connor said today that the bulk of the FCC. was ordered to be printed in the money owed by the United Nations for peace- I have been very cautious and astute RECORD, as follows: keeping is in debts to Western European na- not to join in those particular fixes. [From the New York Times, Sept. 27, 1995] tions, Australia, Canada and other countries Specifically, I was asked if I could go TO PAY SOME DEBTS, U.N. WILL TRY close to the United States. along with an amendment that would BORROWING FROM WORLD BANK Mr. SIMON. Then I would like to in- do as is indicated by Senator MCCAIN. (By Barbara Crossette) sert two other things into the RECORD. And I said no. I think we ought to leave UNITED NATIONS, Sept. 26.—The United Na- One is a statement by the Council for a it with the Commission. tions, facing its most severe financial crisis Livable World, whose good work I Thereupon, I was asked if I would go in half a century, will try for the first time think many of us acknowledge. This is to borrow money from the World Bank to along with an amendment on the other pay some of its debts, the organization’s a statement in support of U.N. peace side. Go along with it and allow them highest-ranking financial officer said today. operations, signed by a great many to set fees and whatever it was. I said Joseph Connor, a former chief executive of people. I ask unanimous consent that no. We are not giving authority for the Price Waterhouse who is now United Nations that be printed in the RECORD. S 14520 CONGRESSIONAL RECORD — SENATE September 28, 1995 There being no objection, the mate- John B. Anderson, President, World Fed- Charles D. Gray, Director of International rial was ordered to be printed in the eralists Association. Affairs, AFL–CIO. Mary Appelman, Chairperson, America-Is- Barbara Green, Presbyterian Church/USA. RECORD, as follows: rael Council for Israeli-Palestinian Peace. Rita Greenwald, President, National Coun- STATEMENT IN SUPPORT OF U.N. PEACE Ambassador (ret.) Alfred Leroy Atherton, cil of Catholic Women. OPERATIONS Jr., Former Assistant Secretary of State for Richard Hahnen, President, Global Secu- The United Nations is playing an increas- Near East and South Asian Affairs (1974– rity Research Institute. ingly critical role in preventing and resolv- 1978); Ambassador to Egypt (1979–1983). Sam Harris, Executive Director, RE- ing conflicts that have broken out across the Morton Bahr, President, Communications SULTS. globe. We welcome this expanded mission en- Workers of America. The Honorable John W. Hechinger, Presi- visioned in the original U.N. charter but im- Carol Edler Baumann, Director, Institute dent, Hechinger Company; Former U.S. Dele- peded by the Cold War. While the U.N. has of World Affairs. gate to the 33rd United Nations General As- not proved a panacea, it has achieved re- David Beckmann, President, Bread for the sembly (1978). markable successes in countries such as Na- World. J. Bryan Hehir, Professor of Religion and mibia, in El Salvador and in Cambodia. The Honorable Berkley Bedell, Former Society, Center for International Affairs, International peacekeeping is not an altru- U.S. Representative from Iowa (1975–1986). Harvard University. istic endeavor; it directly serves U.S. secu- Marguerite Belisle, General Director, P. Terrence Hopmann, Director, Center for rity, political and commercial interests. As Church Women United. Foreign Policy Development, Watson Insti- U.S. Ambassador to the U.N. Madeleine Gregory A. Bischak, Executive Director, tute for International Studies, Brown Uni- Albright has stated: ‘‘Whether measured in National Commission for Economic Conver- versity. arms proliferation, refugees on our shores, sion and Disarmament. Dixie Horning, Executive Director, Gray the destabilization of allies, or loss of ex- Brent Blackwelder, President, Friends of Panthers. ports, jobs or investments, the cost of run- the Earth. John Isaacs, President, Council for a Liv- away regional conflicts sooner or later Barry Blechman, Chairman, The Henry L. able World Education Fund. comes home to America. In 1993, the U.N. Stimson Center. Jason Isaacson, Director of Government will spend over $3 billion to stem or stop Robert L. Borosage, Director, Campaign and International Affairs, American Jewish those conflicts, and we will pay one third of for New Priorities. Committee. that. But without the U.N., both the costs Robert Bowie, Former Counselor, U.S. De- Douglas M. Johnston, Vice President, Cen- and the conflict would be far greater.’’ partment of State (1966–1968); Assistant Sec- ter for Strategic & International Studies. However, the fate of peace operations retary of State for Policy Planning (1953– Carl Kaysen, D.W. Skinner Professor of Po- hangs in the balance, in part due to crippling 1957). litical Economy, Emeritus, Massachusetts funding shortfalls and decreasing national John A. Buehrens, President, Unitarian Institute of Technology. political support for the United Nations as it Universalist Association. John B. Kidd, Major General, U.S. Air seeks to reform and to meet new challenges. George Bunn, Former General Counsel, Force (ret.). Although the U.N. is often a first line of cri- Arms Control and Disarmament Agency Michael Klare, Professor of Peace and sis response overseas, the United States and (1961–1969); U.S. Ambassador to the Geneva World Security Studies, Hampshire College. other nations consistently fall behind in pay- Disarmament Conference (1968). Rev. Peter J. Klink, S.J., Director, Na- ing dues and peacekeeping assessments. Becky Cain, President, League of Women tional Office, Jesuit Social Ministries. These overdue bills serve to cripple the Voters. Lawrence Korb, Former Assistant Sec- U.N.’s ability to respond rapidly to crises Rev. Dr. Joan Brown Campbell, Secretary retary of Defense (1981–1985); Chair, Execu- and implement needed reforms. In addition, General, National Council of Churches of tive Council, Committee for National Secu- Congressional critics have singled out U.N. Christ in the U.S.A. rity. peace operations as a vehicle for expressing Hodding Carter III, Former Assistant Sec- Dr. Jean E. Krasno, Associate Director, their dissatisfaction with broader issues, retary of State for Public Affairs (1977–1980). United Nations Studies, Yale University. from the defense budget and military readi- Abram Chayes, Professor of Law Emeritus, Louis Kriesberg, Professor of Sociology, ness to U.S. interests abroad, and have Harvard Law School. Syracuse University. sought to curtail already limited participa- Antonia A. Chayes, Chair, Consensus Betty Lall, Former Staff Director, Com- tion of U.S. armed forces in U.N. peace oper- Building Institute. mittee on Disarmament, U.S. Senate. ations. Rev. Drew Christiansen, S.J. Director, Of- John A. Lapp, Executive Director, Men- We endorse multilateral, burden-sharing fice of International Justice & Peace, U.S. nonite Central Committee. approaches to preventing and resolving con- Catholic Conference. Ambassador (ret.) James F. Leonard, flicts. In particular, we support strengthen- Harlan Cleveland, President, World Acad- Former U.S. Deputy Permanent Representa- ing the United Nations’ ability to conduct emy of Art and Science; Former Assistant tive to the United Nations (1977–1979). peace operations. To encourage these ap- Secretary of State for International Organi- Victoria Markell, Vice President, Popu- proaches, we strongly urge the U.S. and all zation Affairs (1961–1965); Ambassador to lation Action International. J. Paul Martin, Executive Director, Center nations to pay on time their dues and peace- NATO (1965–1969). for the Study of Human Rights, Columbia keeping assessments, and to pay all their ar- Juan R.I. Cole, Professor of History, Uni- University. rearages to the United Nations. The United versity of Michigan. Imani Countess, Executive Director, Wash- Charles W. Maynes, Former U.S. Assistant States must avoid the costs and dangers of a ington Office on Africa. Secretary of State for International Organi- unilateral role as world policeman. A policy that provides only weak financial Chic Dambach, President, National Peace zations (1977–1980). The Reverend Charles S. Miller, Executive and political support for peacekeeping jeop- Corps Association. Dave Davis, Senior Fellow, Institute of Director, Division for Church in Society, ardizes the United Nations’ long-term future. Public Policy, George Mason University. Evangelical Lutheran Church in America. If the U.N. is not given the resources and en- Ambassador (ret.) Jonathan Dean, Advisor Terence Miller, Director, Maryknoll Soci- couragement to improve its capabilities, on International Security Issues, Union of ety Justice and Peace Office. confidence in it will be undermined. The Concerned Scientists; Former arms control Gerald Mische, President, Global Edu- world community will have sacrificed the negotiator, U.S. Department of State. cation Associates. chance to establish a truly effective multi- I.M. Destler, Director, Center for Inter- Thomas B. Morgan, President & CEO, Unit- lateral peacekeeping process, with emphasis national and Security Studies, University of ed Nations Association of the United States on conflict prevention. The world will be- Maryland. of America. come more dangerous, to the detriment of Kay S. Dowhower, Director, Lutheran Of- Dr. Robert K. Musil, Executive Director, our own security. fice for Governmental Affairs, Evangelical Physicians for Social Responsibility. We should take advantage of the post-Cold Lutheran Church in America. Dr. David Mussington, Co-Director, Inter- War situation and apply the lessons of peace- Nancy Bearg Dyke, Director, Managing national Organizations and Nonproliferation keeping from the past several years to re- Conflict in the Post-Cold War World, Aspen Project, Monterey Institute of International form and expand U.N. peace operations and Institute; Former Director of International Studies. make them more effective. Peace operations, Programs and Public Diplomacy, National Ester Neltrup, Executive Director, Insti- which give the U.S. an opportunity to help in Security Council (1989–1993). tute for International Cooperation & Devel- reducing the worldwide level of armed vio- Helen Fein, Executive Director, Institute opment. lence with minimum risk and cost, are for the Study of Genocide. Janne E. Nolan, Senior Fellow, Brookings squarely in our national interest. Evelyn P. Foote, Brigadier General, U.S. Institution. SIGNATORIES TO STATEMENT IN SUPPORT OF Army (Retired). Charles H. Norchi, Executive Director, U.N. PEACEKEEPING—SEPTEMBER 5, 1995 Randall Forsberg, Executive Director, In- International League for Human Rights. Ruth Adams, Director, Program on Peace stitute for Defense & Disarmament Studies. Ambassador Robert S. Oakley, Ambassador and International Cooperation, MacArthur Jerry Genesio, Executive Director, Veter- to Zaire (1979–82); Ambassador to Somalia Foundation (retired). ans for Peace. (1982–84); Ambassador to Pakistan (1988–91); Chadwick F. Alger, Professor, The Ohio William. Goodfellow, Executive Director, Special Envoy to Somalia (1992–94); Visiting State University. Center for International Policy. Fellow, National Defense University. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14521 Dr. Robert von Pagenhardt, Professor, De- Paul C. Warnke, Former Assistant Sec- rears accumulated over the past decade. Fi- fense Resources Management Institute, retary of Defense for International Security nancial unreliability leaves our institutions Naval Postgraduate School. Affairs (1967–69) Director, Arms Control and of common purpose vulnerable and ineffi- Maurice S. Paprin, President, Fund for Disarmament Agency & Chief U.S. Arms Ne- cient. We must sustain—and, where needed, New Priorities in America. gotiator (1977–1978). increase—our voluntary financial support of Dan Plesch, Director, British American Se- The Rev. Dr. Daniel E. Weiss, General Sec- the U.N. system’s many vital activities in curity Information Council. retary, American Baptist Churches, USA. the economic and social fields as well as George W. Rathjens, Professor of Political Dr. Michael Wessells, President, Psycholo- peace and security. We should press for as- Science, Massachusetts Institute of Tech- gists for Social Responsibility. sessment scales that fairly reflect nations’ nology. John C. Whitehead, Former Deputy Sec- relative capacity to pay, and explore other Michael Renner, Senior Researcher, retary of State (1985–1989); Chair, Inter- means, including minimal fees on inter- Worldwatch Institute. national Rescue Committee. national transactions of appropriate types, Stanley R. Resor, Former Secretary of the Roger P. Winter, Director, U.S. Committee to ensure that funds to pay for the U.N. sys- Army (1965–1971); Chair, Board of Directors, for Refugees. tem budgets that member states approve do, Arms Control Association. Adam Yarmolinsky, Former Special As- in fact, materialize. Anna Rhee, Executive Secretary for Public sistant to the Secretary of Defense (1961– Policy, Womens Division, United Methodist 1964); Chairman, Lawyers Alliance for World AMERICA’S STAKE IN THE UNITED NATIONS Church. Security. Fifty years ago we, the people of the Unit- Charolett Rhoads, President, Pax World Andrew Young, Former U.S. Ambassador Service. ed States, joined in common purpose and to the United Nations (1977–1979); Vice Chair- shared commitment with the people of 50 Howard Ris, Executive Director, Union of man, Law Companies Group, Inc. Concerned Scientists. other nations. The most catastrophic war in Eugene T. Rossides, Chairman, American history had convinced nations that no coun- FINANCING THE UNITED NATIONS Hellenic Institute. try could any longer be safe and secure in Caleb Rossiter, Director, Project on De- The greatest threat today to the U.N.’s ef- isolation. From this realization was born the militarization and Democracy. fectiveness and even survival is the cancer of United Nations—the idea of a genuine world Dr. Robert A. Rubinstein, Director, Pro- financial insolvency. Countries slow to pay community and a framework for solving gram on the Analysis and Resolution of Con- their share include many that are small. But human problems that transcend national flicts, Syracuse University. it is the massive delinquencies of the United boundaries. Since then, technology and eco- Dr. Ben Sanders, Executive Chairman, Pro- States that have plunged the Organization nomics have transformed ‘‘world commu- gramme for Promoting Nuclear Non-Pro- into chronic crisis and sapped its capacity to nity’’ from a phrase to a fact, and if the liferation. respond to emergencies and new needs. World War II generation had not already es- James A. Schear, Senior Associate, Carne- The services provided by international or- tablished the U.N. system, today’s would gie Endowment for International Peace. ganizations are, objectively, quite cheap—es- have to create it. Arthur Schlesinger, Jr., Special Assistant pecially in comparison with the sums we The founders of the United Nations were to the President (1961–1964); Winner, Pulitzer spend on other dimensions of national secu- clairvoyant in many ways. The Charter an- Prize for History. rity, such as the military, as backup in the ticipated decolonization; called for ‘‘respect G. Edward Schuh, Dean, Humphrey Insti- event that diplomacy and the U.N. machin- for human rights and fundamental freedoms tute of Public Affairs, University of Min- ery fail. The annual U.S. assessments for for all without distinction as to race, sex, nesota. peacekeeping worldwide are less than the po- language, or religion’’; and set up the insti- Richard Seitz, Colonel, U.S. Army (Ret.). lice budget for the nation’s largest city. tutional framework ‘‘for the promotion of Susan Shaer, Executive Director, Women’s Total American contributions, voluntary as the economic and social advancement of all Action for New Directions. well as obligatory, for all agencies of the peoples.’’ In meeting the Charter’s chal- Vice Admiral John J. Shanahan (ret.), Di- U.N. system amount to $7 per capita (com- lenges, we make for a more secure and pros- rector, Center for Defense Information. pared to some $1,000 per capita for the De- perous world. Jane M.O. Sharp, Director, Defence and Se- fense Department). Through the U.N. system, many serious curity Programme, Institute for Public Pol- Some object that U.N. peacekeeping costs conflicts have been contained or concluded. icy Research, King’s College. have exploded over the past decade, from a Diseases have been controlled or eradicated, Jack Sheinkman, President, Amalgamated U.S. share of $53 million in 1985 to $1.08 bil- children immunized, refugees protected and Clothing and Textile Workers Union. lion projected for 1995. But the end of the fed. Nations have set standards on issues of Paul H. Sherry, President, United Church Cold War that sparked that increase, by free- common concern—ranging from human of Christ. ing the U.N. to be an effective agent of con- rights to environmental survival to radio Michael Shuman, Director, Institute for flict management, also allowed for far larger frequencies. Collective action has also Policy Studies. reductions in other U.S. security spending: furthered particular U.S. government inter- Alice Slater, Executive Director, Econo- Over the same decade, Pentagon budgets ests, such as averting a widening war in the mists Allied for Arms Reduction. have fallen $34 billion. Increased reliance on Middle East into which Washington might Judith Sloan, Director, Asia Society. U.N. collective security operations nec- otherwise be drawn. After half a century, the Gaddis Smith, Director, Yale Center for essarily complements our defense savings. U.N. remains a unique investment yielding International & Area Studies. Moreover, U.N. costs are spread among all multiple dividends for Americans and others Theodore C. Sorenson, Former Special member states, and constitute a truly cost- alike. Counsel to the President (1961–64). Ronald Spiers, Former Assistant Secretary effective bargain for all. The U.N.’s mandate to preserve peace and of State for Politico-Military Affairs (1969– However, at a time of hard budget choices, security was long hobbled by the Cold War, 1973); U.N. Under Secretary-General for Po- many national politicians see U.N. contribu- whose end has allowed the institutions of litical Affairs (1989–1992). tions as an easy target. They are misguided. global security to spring to life. The five per- John D. Stempel, Patterson School of Di- In asserting that national parliaments can manent members of the Security Council plomacy & International Commerce, Univer- unilaterally set their nations’ assessment now meet and function as a cohesive group, sity of Kentucky. levels, claim offsets from assessed obliga- and what the Council has lost in rhetorical Jeremy J. Stone, President, Federation of tions for voluntary peacekeeping contribu- drama it has more than gained in forging American Scientists. tions, and impose policy conditions for pay- common policies. Starting with the Reagan Russy D. Sumariwalla, President & CEO, ment of their agreed share of expenses, some Administration’s effort to marshal the Secu- United Way International. Washington politicians jeopardize the insti- rity Council to help bring an end to the Iran- Julia Taft, President, InterAction. tutional underpinnings of the world commu- Iraq war in 1988, every U.S. administration Kathy Thornton, RSM, National Coordina- nity. No multilateral organization—whether has turned to the U.N. for collective action tor, NETWORK: A National Catholic Social the U.N., the World Bank, or NATO—can to help maintain or restore peace. Common Justice Lobby. long survive if member states play by such policy may not always result in success, but Ambassador (ret.) William J. vanden rules. neither does unilateral policy—and, unlike Heuvel, Former Ambassador to the Deputy In ratifying the U.N. Charter, every mem- unilateral intervention, it spreads costs and Permanent Representative to the U.N. (1979– ber state assented in law to the financial ob- risks widely and may help avoid policy disas- 1981); President, The Franklin and Eleanor ligations of U.N. membership. Virtually all ters. Roosevelt Institute. of America’s allies in the industrialized Paradoxically, the end of the Cold War has Raimo Vayrynen, Professor, Regan Direc- world fulfill those obligations to the United also given rise in the U.S. to a resurgent iso- tor, University of Notre Dame. Nations—in full, on time, and without condi- lationism, along with calls for unilateral, go- George R. Vickers, Executive Director, tions. Until relatively recently, so did the it-alone policies. Developments in many Washington Office on Latin America. United States. It must do so again. places that once would have stirred alarm Edith Villastrigo, National Legislative Di- America’s leaders must recommit this na- are now viewed with indifference. When they rector, Women Strike for Peace. tion to full and timely payment of assessed do excite American political interest, the Joe Volk, Executive Secretary, Friends contributions to the U.N. and related organi- impulse is often to respond unilaterally in Committee on National Legislation. zations, including prompt retirement of ar- the conviction that only Washington can do S 14522 CONGRESSIONAL RECORD — SENATE September 28, 1995 the job and do it right. Without a Soviet There being no objection, the letter The PRESIDING OFFICER. Without threat, some Americans imagine we can re- was ordered to be printed in the objection, it is so ordered. nounce ‘‘foreign entanglements.’’ Growing RECORD, as follows: Mr. HATFIELD. Mr. President, I hostility to U.N. peacekeeping in some polit- have sent an amendment to the desk. I ical circles reflects, in large measure, the UNITED NATIONS ASSOCIATION OF shortsighted idea that America has little at THE UNITED STATES OF AMERICA, withdraw any further request for unan- stake in the maintenance of a peaceful July 26, 1995. imous-consent request on time. I am world. In some quarters, resentment smol- Hon. PAUL SIMON, just going to utilize the void that ex- ders at any hint of reciprocal obligations, Washington, DC. ists here on the floor and take up what DEAR SENATOR SIMON: I am writing to but in a country founded on the rule of law, time I wish. share with you a policy statement of the the notion that law should rule among na- United Nations Association of the United This amendment, Mr. President, if tions ought not to be controversial. States (UNA–USA) on the U.S. stake in the approved, I think would greatly im- The political impulse to go it alone surges United Nations and U.N. financing, adopted prove our national security. My at precisely the moment when nations have in late June by UNA–USA’s national conven- amendment, which is identical to a become deeply interconnected. The need for tion on the occasion of the 50th anniversary freestanding bill, the code of conduct international teamwork has never been of the signing of the United Nations Charter. on arms transfers, would place restric- clearer. Goods, capital, news, entertainment, It is a serious yet succinct statement on an and ideas flow across national borders with tions on arms transfers to nations issue of considerable importance, with major which pose potential threats to the astonishing speed. So do refugees, diseases, implications for the Congress. We hope you drugs, environmental degradation, terror- will find it of interest. UNA–USA is eager to United States or to our allies. ists, and currency crashes. make a constructive contribution to the pol- I do not want to go into my long The institutions of the U.N. system are not icy debate. drawn-out speech reciting the very perfect, but they remain our best tools for We should be pleased to share any reac- sorry record of this country in being concerted international action. Just as tions with UNA–USA’s 25,000 members. the biggest arms peddler in the world Americans often seek to reform our own gov- Sincerely, today. Merchants of death is about ernment, we must press for improvement of JOHN C. WHITEHEAD, what you should more accurately title the U.N. system. Fragmented and of limited Chairman of the Association. our role in these matters of providing power, prone to political paralysis, bureau- Mr. SIMON. Mr. President, I am not cratic torpor, and opaque accountability, the arms to Third World countries that offering an amendment on this be- cannot even develop a subsistence agri- U.N. system requires reform—but not wreck- cause, real candidly, I know what the ing. Governments and citizens must press for culture to feed their own people, and changes that improve agencies’ efficiency, results would be. But I hope that in using up to 85 percent of their own na- enhance their responsiveness, and make conference my colleagues will keep in tional budgets to fill their lust for them accountable to the world’s publics they mind that even the House, conservative arms that we have infected them with. were created to serve. Our world institutions as they are, put in $425 million for U.N. At least I think we ought to begin to can only be strengthened with the informed peacekeeping compared to our $250 mil- try to draw some kind of parameters engagement of national leaders, press, and lion. I hope we will go to the House fig- around this come-one-come-all big the public at large. ure on this. arms sale today in the United States. The American people have not lost their Mr. President, I yield the floor. Sending out our Secretary of Com- commitment to the United Nations and to Mr. HOLLINGS. I suggest the ab- merce to hawk arms at the Paris arms the rule of law. They reaffirm it consist- sence of a quorum. ently, whether in opinion surveys or UNICEF show, informing our diplomatic posts The PRESIDING OFFICER. The around the world that certainly they campaigns. Recognizing the public’s senti- clerk will call the roll. ment, the foes of America’s U.N. commit- would help facilitate any arms trans- The bill clerk proceeded to call the ment—unilateralists, isolationists, or what- fers they can create in their country. roll. ever—do not call openly for rejecting the What we are offering here is this Mr. HATFIELD. Mr. President, I ask U.N. as they had earlier rejected outright amendment to the Justice-State-Com- unanimous consent that the order for the League of Nations. But the systematic merce appropriations bill on behalf of paring back of our commitment to inter- the quorum call be rescinded. Senator PELL, Senator DORGAN, Sen- national law and participation in institu- The PRESIDING OFFICER. Without tions would have the same effect. objection, it is so ordered. ator BUMPERS, and myself. I acknowledge that this is not the In this 50th anniversary year, America’s Mr. HATFIELD. Mr. President, I ask leaders should rededicate the nation to the unanimous consent to set aside the perfect vehicle for a discussion on the promise of a more peaceful and prosperous pending amendments, without any in- issue of arms transfers. After all, the world contained in the U.N. Charter. In that vasion or impingement upon the time yearly appropriations process is vir- spirit, the United Nations Association of the agreements attendant to those amend- tually the only time Congress provides United States calls on the people and govern- its input on military aid to other coun- ment of the United States, and those of all ments. I will offer an amendment and ask for 20 minutes, to be equally di- tries, and at least some oversight ex- other U.N. member states, to join in ists in the programs funded by yearly vided between Senators PELL, BUMP- strengthening the United Nations system for appropriations. the 21st century. ERS, and DORGAN, with the understand- My amendment is very easy to ex- ing that there will still be a vote at 9 In particular, we call for action in five plain. It is very straightforward. The areas, which will be the top policy priorities p.m. of UNA-USA as we enter the U.N.’s second The PRESIDING OFFICER. Is there focus of the code of conduct on arms half-century: Reliable financing of the Unit- objection? transfers is not what may be sold or ed Nations system; strong and effective U.N. Mr. FORD. Reserving the right to ob- transferred to another nation; but machinery to help keep the peace; promotion ject, would the Senator withhold? rather who should receive U.S. arms. of broad-based and sustainable world eco- Mr. HATFIELD. I am happy to with- The code of conduct says it is generally nomic growth; vigorous defense of human not in the interest of the United States rights and protection of displaced popu- hold. Mr. FORD. Mr. President, I suggest to send arms to nations which are un- lations; control, reduction, or elimination of democratic, or abuse human rights, en- highly destructive weaponry. the absence of a quorum. The PRESIDING OFFICER. The gage in illegal acts of war, or refuse to Mr. SIMON. And then the next is a clerk will call the roll. participate in the U.N. Registry of letter, a policy statement by the Unit- The bill clerk proceeded to call the Arms. In other words, U.S.-built weap- ed Nations Association of the United roll. ons should not be provided to nations States of America, sent to me—I am Mr. HATFIELD. Mr. President, I ask which are a threat to our security. sure to all Members of the Senate—by unanimous consent that the order for We have had plenty of history where the former Deputy Secretary of State the quorum call be rescinded. we have faced our own arms in a battle John Whitehead, who many of us had a Mr. FORD. Mr. President, I object. where they are aimed against our own chance to know and respect a great The PRESIDING OFFICER. The people. I need not go into a long recita- deal. He was the Deputy Secretary of clerk will continue to call the roll. tion of that. State under Jim Baker. I ask unani- Mr. HATFIELD. Mr. President, I ask Our world is awash in conventional mous consent that his fine statement unanimous consent that the order for weapons. This is conventional weapon be printed in the RECORD at this point. the quorum call be rescinded. focus. Even as we celebrate another September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14523 major victory in nuclear arms control, ceived a letter from Nobel laureate Dr. on regional arms races or been sub- the permanent ratification of the Nu- Oscar Arias, the former President of jected to the gross military expendi- clear Non-Proliferation Treaty, and Costa Rica, who informed me that he is tures of despots. For years the United come closer to reaching agreement on organizing a commission of Nobel lau- States has led the way in sales to these a permanent ban on underground nu- reates to develop an international code countries, although I would note that clear testing, we cannot ignore the of conduct on arms transfers to be pre- France slipped ahead of us this past death and destruction caused by con- sented to the U.N. General Assembly. year. ventional arms. Over 40 million people Dr. Arias has already signed on four Earlier this year I held a hearing on killed by conventional weapons since additional Nobel laureates in this ef- the bill which is the basis for the World War II. That is a pretty sizable fort—mind you within this very brief amendment I offer today. A representa- part of the world’s population. period of time, four more, which is tive from Human Rights Watch pro- More than anything else, we cannot based in part upon the code of conduct vided testimony to the Appropriations ignore the last four times the United I am presenting here on behalf of my Committee regarding the link between States sent significant numbers of colleagues and myself. human rights and conventional weap- troops to combat. Our soldiers faced In addition, I have heard from mem- ons transfers. The representative re- adversaries which had received U.S. bers of the European parliament, led by minded the committee that ‘‘the fact arms, training, or military assistance. Glenys Kinnock. The efforts are under- of arms does not necessarily create I am talking about Panama, Iraq, way to develop a comprehensive arms abuse’’ but went on to discuss how the Haiti, Somalia. export control policy to be endorsed by tragic genocide in Rwanda a year ago In other words, our arms transfer pol- the European Union. was worsened by the enormous flow of icy has backfired, particularly in those Mr. Kinnock points out in his letter, weapons the year before the massacres. instances. It has created the boomer- this is Mr. Glenys Kinnock, that the The influx of grenades and automatic ang effect where U.S.-provided weapons United States and the nations of the weapons—all available cheaply—not are used against our own military. European Union together will sell 80 only brought on the creation of militia Clearly, a new policy is needed. percent of the world’s weapons this who left tens of thousands of Rwandans The American public has been polled year—80 percent. dead. The Existence of these weapons on the question of arms transfers and Clearly, the code of conduct on arms also made U.N. efforts to protect refu- resoundingly—over 95 percent—said transfers is not a unilateral move gees extremely difficult. that no U.S. arms should go to dic- which will have only limited effect If we are to prevent future Rwandas tators. Yet the United States continues upon the global flow of arms. This is an and improve international respect for to provide arms to nations which are international initiative which demands human rights and promote democracy, not democratic. U.S. leadership. we need a code of conduct on arms The Clinton administration under- Yet the administration refuses to transfers. The United States can and took to review the arms trade policy make this pledge. Under Secretary of should exert its leadership by stating last year. That process took many State Lynn Davis also testified before explicitly that it does not sell arms to months and the announcement was the Appropriations Committee on the dictators. made in February of this year, 1995, matter of arms transfers. Secretary Mr. President, one closing remark. that a new policy had been adopted. Davis told me that she thought that all We have problems today in Bosnia and The truth is there was nothing new components of the code of conduct on the Balkans. I stood on this floor 21⁄2 about the administration’s policy. It arms transfers—this bill or this amend- years ago and warned about the flow of represents no real departure from the ment—democracy, human rights, arms coming in both directions on the arms transfer program our Nation has transparency in arms transfers and re- Danube. The Danube River was lit- followed for the past 15 years. unification of illegal wars—were all ac- erally a river full of arms going into We can go back and say this whole ceptable to the administration, and in- that very part of the world, from allies, idea emanated out of post-World War II deed, are all shared goals. from friends as well as from people of France when General de Gaulle needed Setting goals is not enough. Non- different kinds of relationships to the to try to replenish the military arms democratic governments received 85 United States. These are now coming arsenal of plans and found the best way percent of the $55.2 billion of American home to roost. to do it was to sell arms to other parts weapons that were transferred to devel- People say what else can we do but to of the world to make money off of oping countries through sales or for- send troops? What else can we do but them to fill his own arms needs. eign aid during the past 4 years. to bomb? If we would choke off the sup- If we want to go with the President, With a record like that, I could not ply of arms into that area of the world, President Kennedy in 1961 saw that as disagree more with the administra- we would be saving lives and we would a policy and began to launch that pol- tion’s assertion that flexibility is the be going to the source of the conflict icy in this country. So, consequently, most important factor in arms transfer and the source of the destruction and we have had Democrat and Republican policy. the source of the violence. But, unfor- alike, no change or difference in party But I nonetheless have, in my amend- tunately, arms have become too big an labels, that have followed this kind of ment, provided a waiver authority, so economic enterprise in our Western arms peddling policy. that the President may come to Con- World, particularly in the United I think one important and dangerous gress with a request to provide arms States. So it is much easier to call out difference today than previous has been transfers to a nation who does not the troops and send them into trouble thanks to the new policy that domestic meet the criteria when it is in the in- spots of the world than to choke off economic considerations now have an terest of our own national security. arms to the world. We are now, as I important role to play in arms transfer Should dictators be rewarded with say, one of the largest peddlers of such decisions. Apparently we are willing to weapons? Of course not. Early this past arms in all parts of the world. trade national security away for a few summer the Catholic Bishops of the Mr. President, I made my pitch. I jobs. In other words, domestic produc- United States approved unanimously a want to say I appreciate being able to tion. That is foreign trade. major statement calling upon the Unit- inject this at this moment. If the time I think it is very interesting, we used ed States to undertake ‘‘more serious is such that Senator BUMPERS and to have a Department in the Defense efforts to control and radically reduce’’ other cosponsors of this may have a Department, Department of Munitions. its role in the arms trade. moment to speak, I will hold it in sus- Now we call it the Department of Many of you know that I have been a pension. I am ready to close off and International Defense Trade. Is that longtime critic of arms sales to the de- call for a vote. I recognize the ultimate not a nice, sweet name for nothing but veloping world. As I have indicated ear- defeat, but nevertheless I feel con- peddling arms? lier, too many poorer nations—nations strained to make this pitch at this This position is terribly out of step which have inadequate water and food time. with the international movement to supplies, inadequate education, and in- The PRESIDING OFFICER. The Sen- curb arm transfers. Last week I re- adequate housing—have been caught up ator from Oklahoma. S 14524 CONGRESSIONAL RECORD — SENATE September 28, 1995 Mr. INHOFE. Mr. President, is the to prevent the local housing authority The PRESIDING OFFICER. Is there Senator from Oregon waiting now to from evicting a woman who was deal- objection? call for a vote on his amendment or has ing in drugs out of her apartment. De- Mr. BIDEN. Mr. President, I withhold he yielded the floor? spite overwhelming evidence of con- the request. I will just begin my state- Mr. HATFIELD. I yield the floor. stant drug-related activity, the LSC ment, and then we can work out the The PRESIDING OFFICER. The Sen- lawyers vigorously opposed her evic- time as we go along. ator from Oklahoma. tion on the grounds that she was not Before Senator INHOFE leaves the Mr. INHOFE. Mr. President, tonight aware of what was going on. floor, I am just curious. That prison we are going to be voting on some The examples go on and on and on. I notice that he read, I would like to ask amendments that are very significant, encourage my colleagues to seriously my colleague, was that a Federal pris- and I want to take an opportunity to consider defeating the amendment that on or State prison? express some views concerning those will be offered tonight. Mr. INHOFE. It is a State prison. amendments. One is going to be offered There is another one coming up I However, our amendment addresses not to refund to its 1995 fiscal year level— heard articulated on this floor a mo- just Federal prisons but prisons that I believe it is $415 million—the Legal ment ago by the Senator from Texas, receive Federal funds. Mr. BIDEN. I thank the Senator. I Services Corporation. Senator GRAMM. Although he was talk- was just curious. I would point out to This is a place we should draw the ing about his amendment, the Shelby– him that in the Federal prison system, line, go back. In fact, this is one area Inhofe amendment that will be offered we stopped fooling around—unlike the where the Senate came out with a bet- later on is an amendment to put work State of Oklahoma or the State of ter proposal than the House came out back into our prison system. We have Delaware and other States—we stopped with. It is my understanding the House proposed in this amendment that we suggested reducing the funding to $278 fooling around like many who served in require work, 48 hours per week, along the State legislature fool around. We million. The Senate would reduce it with education pursuits so individuals down to $210 million and have that passed an amendment that the Senator can go out when they are once released from Delaware offered in the late 1970’s block granted out to the States. and work themselves back into society. I really believe the Legal Services and early 1980’s. It is called ‘‘the same I know a lot of people are saying time for the same crime.’’ You get con- Corporation was conceived as a part of these are not country clubs; our prison the Great Society program, under- victed in the Federal court, you go to system already is punishing criminals. jail for all the time, and I am just standably, perhaps, at the time, to I suggest that, since the 1960’s, we have offer legal services to the poor. How- sorry the State legislatures are not as grown in this body to be more con- we have been and as the Federal Gov- ever, over a period of years it has cerned about the violators than we turned into an agency that is trying to ernment has been for a long time. have the victims. Mr. INHOFE. If I could respond, we reshape the political and legal and so- The other day, I ran into a notice have been fooling around in some cial fabric of America. In fiscal year that was posted in one of the Massa- States. That is what this is all about, 1995, the taxpayers spent $415 million chusetts correctional facilities where to try to get some uniformity. And any to operate the Legal Services Corpora- it stated: time you have a murderer like Roger tion. However, the cost, the $415 mil- A third softball field will be made in the Dale Stafford, who sat on death row for lion, is only a very small part of it west field in order to allow more inmates to 15 years after murdering nine Oklaho- when you consider the extensive class play softball. The horseshoe pits will be tem- mans in cold blood, it is time that we action suits and frivolous litigation porarily relocated near the golf course. The changed our attitude toward crime and that has followed. boccie [or whatever that is called] area will be relocated at the site of the new gym. The punishment in this country. There are so many examples that I would suggest—and I think perhaps have been given here on the floor, and soccer field will be relocated to the east field behind the softball field. the Senator from Delaware would that I have given myself, concerning agree—that when someone is con- It goes on to say, ‘‘We hope that our the activities of the LSC. The negative templating a crime, and if he thinks clients’’—they do not call them in- effects of the LSC’s attempts to reor- the downside is going to be sitting on mates, do not call them prisoners— der society permeate our culture, from death row watching TV in an air-condi- the business community to government ‘‘will not be inconvenienced too tioned cell for 17 years, that is not to homes to churches. Perhaps the much.’’ much of a deterrent. And that is what most troubling is the role of legal aid I think it is time. If there is one I would like to change. in challenging parental involvement mandate that came with the elections Mr. BIDEN. Mr. President, I agree statutes, so-called children’s rights ad- of 1994, it was to start to change our with the Senator. Maybe he could vocates such as Mrs. Clinton, who prison system, to quit spending the ex- make that very compelling speech to served as the chairperson for the LSC’s orbitant amounts, and to get involved Mr. GINGRICH so we can actually pass board that challenged parental consent in punishment as a deterrent to crime. the terrorism bill instead of him hold- laws in several States. The income I was very proud when we passed our ing the terrorism bill up that we—the level of the litigants was often ignored. bill through the Senate, after the dis- Senator from Oklahoma and I—worked It really cannot be used as an argu- aster occurred in the State of Okla- so hard on. The House has not passed it ment that it was to provide legal serv- homa, that calls for real habeas reform yet. It is a great emergency. ices for the poor. and, for the first time, in my opinion, I have not heard any speeches on the Parents are attacked in their efforts reverses the direction of our attitude floor from my friends who were decry- in keeping drugs out of their homes. In in terms of crime and punishment. ing failure to move quickly on the ter- Idaho, the LSC protested when parents I yield the floor. rorism bill when we had it. I have not voluntarily invited police into their Mr. BIDEN. Mr. President, I believe heard any speeches about why the Re- homes to check for drugs. Legal aid as- that I have 2 hours allotted to my publican House of Representatives is serted privacy rights of the violators, amendment that will be equally di- holding it hostage. God only knows. who were teenagers who were on drugs vided. Maybe it has to do with a line-item at the time. The PRESIDING OFFICER. The Sen- veto that they used to be for as well in We have had Legal Services also in- ator is correct. the House. I am not sure. But I think volved in illegal immigration. The LSC Mr. BIDEN. In fairness to the Senate, we would all serve the Nation well if supported organizations that sued Cali- I was supposed to be here at 7 o’clock we constantly spoke out and asked Mr. fornia for its efforts to ascertain resi- to start that amendment. So I would GINGRICH to let the terrorism bill go in- dents’ immigration status for emer- suggest that—I have checked this with stead of turning that into a habeas cor- gency Medicaid services. Legal Serv- at least the staff of the minority—the pus reform. I would hate to have that ices promised to take this one to the time for my amendment be cut to an sit over there for the remainder of the Supreme Court. hour and a half equally divided so that year. Legal Services also contributes to we are finished by 9 o’clock with this Mr. INHOFE. I will respond that I our public housing woes. The LSC tried amendment. have talked to Mr. GINGRICH, and he is September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14525 very anxious to get to that. However, I as a consequence, I do not pretend to the families that come from all across think we are all aware that we have know the State of Utah, but I have be- America, that come from Idaho, Utah, some appropriations bills to get out of come much more familiar with it. I Montana, Maine, Florida. the way. And, in the order of things, I need not tell the Presiding Officer that You speak to the families of those am sure it will be expedited. drug trafficking in methamphetamine slain officers, and they will tell you Mr. BIDEN. I am happy to hear that. with the gangs from Los Angeles mov- this counseling that they get as to how But he had the bill for months and ing into rural Utah, drive-by shootings to deal with this and being able to deal months before we started the appro- occurring in Salt Lake City that never with other families who have been priations process. occurred before, the influx into the through it is one of the most helpful I do not stand for that reason. I rise large intermountain States of drug things that happens to them. It mat- to speak to an amendment that I have. deals, drug cartels, and drug organiza- ters to them. Let me very briefly describe it before I tions primarily dealing in synthetic What this $1.2 million we cut does is send it to up to the desk. drugs and methamphetamine—all of to provide that very counseling. So I Mr. President, the crime bill—which them have put an incredible burden on hope when my colleagues vote on this we passed, and is now the crime law— all of those things and have put an in- amendment, they will remember that was in many ways authorized in this credible burden on the rural law en- next year when they are invited down appropriations bill. My good friend forcement agencies in the small towns to the law enforcement memorial cere- from Texas, Senator GRAMM, for whom in the State of Utah, in New Hampshire mony and they see and, God forbid, it I have great respect and I have never and in Delaware. will occur we know, another 25, 50, 100 underestimated his abilities, was very I mentioned those States because the families down there where officers have effectively able to, in the appropria- three Senators representing those been slain in the calendar year doing tions process, essentially change the States are on the floor. We represent their duty, we will realize that in fail- authorization process by dealing with a States where the vast majority of their ing to put this money back in the thing number of the provisions in the crime cities are very small. The largest city that those families valued the most laws that are in place and functioning. in the State of Delaware is 85,000 peo- will in fact not be available to them What this amendment essentially at- ple. because they literally leave there, go tempts to do is go back and undo— Now, I realize Utah is larger than to a luncheon and get on buses to take whether the Senate will agree is a dif- that, and I think Manchester, NH, is advantage of these counseling services. ferent story—essentially what was larger than that. But the point is, we So I attempt to restore the $1.2 million done in the subcommittee on appro- do not have that many big in the Law Enforcement Family Sup- priations. I am not speaking to each metropolises. We have tens, scores of port Act that was taken out by the part of the amendment, but I will give small, little towns of one sheriff or one committee. you the major points. police officer or two or three. And what It also restores—no new money, no One, it reinstates money for the drug every rural law enforcement agency change in money—the State option courts. The Appropriations Committee said to us when we were writing this that is presently available under the eliminated the funding for drug courts, bill was that we need help, particularly crime law, under the prison grant por- something that we passed a year ago we need help in the area of dealing tion, to allow States to use their prison into law and is now law. with drug enforcement problems, be- dollars to build boot camps if they Second, it eliminates money for drug cause the problems that are visited choose to do it. The argument that we treatment in prisons. I might note for upon those small towns are not just the heard on the floor, Democrats and Re- those who might think that is sort of a kids selling marijuana in the school- publicans, for the past year is that we silly, soft-headed notion that the yard; the real problems that have oc- want to allow more local control. We States in the United States of America curred in the last 10 years is these drug do not want the Federal Government in the year 1993, after releasing pris- organizations move into those small telling people what they should do. oners from the jail—prisoners who had towns, or they move into the outskirts We passed, with my support and the served their time in the State peniten- of those small towns that in effect are overwhelming support of the people in tiary—as they walked out the gate incapable of being dealt with across this body on both sides of the aisle, the from a State penitentiary with the State borders by small, rural law en- mandate legislation saying we should clothes they wore in and a bus ticket forcement agencies. not be mandating to the States what and five bucks in their pocket, 200,000 Unfortunately, the subcommittee on they must do without sending the of them in one year walked out of that appropriations saw fit to zero out that money. But implicit in that is we have penitentiary drug addicted, drug ad- function as well. I attempt in this also said as a matter of policy that we dicted, addicted to drugs after having amendment to restore that money. do not know federally, we have ac- served their time as they walked In addition, I also restore another knowledged we do not know federally through the portal. thing that was cut totally, and that is as much about the specific needs of the So what all the evidence shows is the Law Enforcement Family Support States and the localities as the States that drug treatment in prisons is as ef- Act. and localities know. fective as drug treatment out of prison, Now, most people do not know what So I find it curious that my col- and it makes a big difference because that is, but a number of us have par- leagues, at least the majority on the you have 154 crimes a year committed ticipated, and I expect my colleagues appropriations subcommittee, decided by a drug-addicted person. If you have on the floor tonight will participate in to tell the States they do not have the 200,000 people, after having walked out the ceremonies that take place at the option to build boot camps. I do not of jail, still drug addicted as they walk law enforcement memorial once a year, quite understand that. Everybody out the gate, we have a problem. But where almost every year the President stood on this floor and talked about unfortunately, the meager amount of speaks, whether it be President Bush how valuable and important boot money that was in the crime bill, in or President Clinton, and where we camps are. But the language that I the crime trust fund, which should deal with and hail the slain officers and have in this amendment—and I will go have been spent and would have been the families of officers slain in that back to this in a moment—restores the spent in this upcoming year, that also calendar year who come to Washing- State option. No requirement, no State was zeroed out. ton. And they come to Washington to has to build a single, solitary boot In addition, there was in the crime be recognized and to recognize the con- camp. They can all go build maximum law a provision that a vast majority of tributions of their spouses, mothers or security prisons. They can do whatever my colleagues, Democrats and Repub- fathers, brothers or sisters. they want to do with the money as it licans, supported when we debated the A very important part of that, as relates to prisons. But they should crime bill 2 years ago, and that was those of you who have attended may have the option of being able to build a rural drug enforcement grants. I have know, is that when that ceremony is boot camp, as my State has decided. spent a lot of time with the Presiding over out in The Mall, there are 2 days And there are several other changes Officer, my colleague from Utah. And, set up of counseling for the families, that this amendment contains for the S 14526 CONGRESSIONAL RECORD — SENATE September 28, 1995 purpose of making sure that we in ef- moneys. So what I do in this amend- cent. Thirty-four percent of all the peo- fect put the crime law back together. ment is I reinstate $100 million of the ple who were convicted the first time This amendment is supported, I $150 million for drug courts, $27 million of a nonviolent drug offense ended up might add, by I believe every single for drug treatment in prison, $10 mil- rearrested and reconvicted and back major police organization in the coun- lion for rural drug enforcement, and before the courts. When the drug court try. The legislation relating to law en- $1.2 million for the Law Enforcement program was put in place—and it has forcement and family support is spe- Family Support Act, and then change been there now about 5 years, I believe, cifically supported by the National As- other language—no reallocation of maybe a little longer—the rearrest rate sociation of Police Organizations. funds for making sure that States have dropped to around 3 percent—3 percent. As I said, everyone may remember a the option dealing with being able to I can say to the Presiding Officer and year and a half ago there were a rash of use prison money to build boot camps. others who are listening that in my police suicides across the country in- Now, let my speak to what I think State, the State of Delaware, a Repub- cluding what personal toll was taken the single most important piece of this lican attorney general named Richard on America’s law enforcement officers amendment is, first, in more detail, Gebelein became a superior court judge and their families as a consequence of and that is the drug courts. The Fed- and set up a drug court system like them being shot or wounded or killed. eral Government has long focused on this—strict, strict, strict rules for non- This amendment on the Family Sup- the fight against illegal drugs, but few violent offenders once they are con- port Act helps deal with that. of its efforts have shown the promise victed, requirements of treatment, re- So let me speak a little more specifi- already demonstrated by drug courts. quirements of public service, require- cally to each of the general areas that The key to the drug court program is I try to restore. Again, $100 million for to punish and control offenders in the ments of random drug testing, require- drug courts, $20 million—and by the most efficient way possible. ments relating to keeping a job, very way, we authorized $150 million. In fact, it is precisely because of the strict requirements. They were lit- I should point out one other thing. success of the drug courts seen in erally required to sign a contract. And We are dealing with moneys from a model States, that I worked with the when they violate any of those provi- trust fund. These are not any new Attorney General to include the Fed- sions, they go to jail. It is amazing taxes. What we all decided to do under eral support for drug courts in the 1994 what an incentive it is. It is amazing the leadership of Senator GRAMM of crime bill signed into law a year ago. what an incentive it is. Texas and Senator BYRD of West Vir- Drug courts represent an innovation In my State they are going to be ginia, when the crime law was being in how our criminal justice system going to boot camps because boot debated a year and a half ago, was to deals with low-level, first-time drug of- camps cost 40 percent less to run than say, look, why not make sure this is fenders. Throughout the Nation non- the prison system does, than building not funny money. Why not make sure violent drug offenders are simply re- bricks and mortar. So they work. I say we can pay for what we say we want to leased back into society with no pun- to my friend from Utah and others who do. I wholeheartedly agreed. ishment, no treatment, no supervision. are here, they work. And, unfortu- And under the leadership of Senator Nationwide, the most recent estimates nately, I know in the interest of trying BYRD, with the strong concurrence of are that 600,000 such offenders are on to find money for other purposes in the Senator GRAMM of Texas—and quite the streets; 600,000 people convicted of bill, they were zeroed out. So what I do frankly, with the ingenuity of John abusing drugs and committing crimes in this legislation is I restore $100 mil- Hilley, who was then the administra- sent back out into the streets with no lion of the $140 million that has been tive assistant for Senator MITCHELL— reason not to return to more drugs and authorized. they came up with a unique idea. Never more crime and with no punishment, before, to the best of my knowledge, Again, drug courts combine a carrot no treatment, and no supervision—1.4 of drug treatment and the helping hand did the Senate ever set up a trust fund million of these nonviolent drug of- for law enforcement. And the way that with a stick of mandatory drug testing fenders are convicted every year, and and the gavel of a judge that says you was funded, the Senator from Texas 600,000 of them get absolutely no treat- [Mr. GRAMM], insisted that the com- go back to prison if, in fact, you vio- ment, no supervision, no punishment. late any of the provisions. mitment that we made to reduce the Now, let me tell you how the drug Federal work force by 272,000 people courts work. The drug courts work so For example, as of about 1 month over a 5-year period be written into the that what happens is the States, with ago, the Delaware drug court had law. It had not been legislated before. the money provided by the Federal worked on 481 offenders in my small And so, as a part of the crime bill we Government as seed money, this $100 State in what it calls its track one pro- legislated, the President would have to million, set up drug courts where they gram. That is, 143 of these 481 people reduce the present work force by take these first-time, nonviolent of- had completed the program and were 272,000 people. OMB calculated how fenders into the court. They adjudicate on their way to being productive citi- much the revenue that was now being their cases very rapidly, usually within zens; 80 were, to use the Delaware paid out of the Treasury to pay those 30 days. They then sentence that of- judge’s phrase, ‘‘terminated.’’ In other folks’ salaries would be. And we agreed fender to something, including all of words, they were sent back to jail. And that as that attrition took place—and the following: the remaining 258 are presently work- we have cut now by 170,000 some Fed- First, if they are in school they must ing their way through the program. eral employees. We have done that. stay in school. But an interesting thing, I say to the That is real. That has been done. Their Second, if they have a job they must Presiding Officer. Guess what? Of those paychecks would go into this trust keep a job. 481 people who were in the system, fund and that from the trust fund the Third, they must be subject to ran- committing an average of 154 crimes a funding for the crime bill would come. dom drug testing. year, the crime rate has gone down pre- Now, someone could have argued le- Fourth, they actually must report gitimately that when I say, ‘‘No new cipitously among those people. And two times a week to a probation officer those who could not stay in the system taxes,’’ they say, ‘‘BIDEN, you could and a counselor. have taken those savings from the re- were, to use the phrase of the former Fifth, they are required to enlist in attorney general—now judge— duction of the Federal work force and drug treatment and stay in drug treat- you could have lowered the deficit or Gebelein, they were terminated. They ment. were sent to jail. lowered taxes.’’ That is true. We could If they violate any of those things, have done that. But the majority of they go straight to jail. They do not Absent the drug court system around us—and I for one strongly felt it was a pass go—straight to jail. In Dade Coun- the country, what happens now is they higher priority to fight crime in Amer- ty, FL, which, unfortunately, probably never get any treatment, they never ica and give localities the resources to has more experience with drug traf- get any punishment, they never get do that. ficking and illegal drug use than any sent to jail; 600,000 of them a year are So I want to make it clear what we other county in America, it was put out there walking around after having are talking about here is trust fund into effect several years ago. been convicted. The rearrest rate prior to the institu- So I say to my friends, as they look tion of drug courts was about 34 per- at this, ask their judges in their home September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14527 State, ask their probation officers, ask them. I am telling you they will tell allotted to the Senator from Delaware. their police officers, ask their prison you that in fact they want these pro- I will do that. The reason why I have officials, and I can tell you, they will grams. not sent the amendment to the desk is find almost without exception that the What my amendment does, it takes there are a few changes several of my drug court innovation is viewed as one funds from an open-ended, unfunded Republican colleagues want, in the of the best hopes law enforcement has block grant to make sure that these form they want it in to be able to send to deal with what is ultimately the dollars are targeted to the antidrug it up. That is the reason. problem. And to paraphrase a phrase measures I mentioned. In other words, I see my colleague from Missouri on used in a Presidential campaign last the amendment allocates funds di- the floor. I am told he would like to time around, ‘‘It’s drugs, stupid. It’s rectly—what we do is we take $117 mil- speak to the drug court issue. If that is drugs.’’ Crime is drugs. ‘‘It’s drugs, stu- lion in the bill—we do not look for any the case, I ask the permission of my pid. It’s drugs.’’ money anywhere else —and apply it to friend from New Hampshire whether I Now, on the point of drug treatment the three programs I mentioned, and could ask unanimous consent to yield in prisons, I will again merely make here is how we do it. We increase the to him 5 minutes of whatever time I the point that it works. Last week the fee charges to obtain green cards. A have, if we reach an agreement on that Department of Health and Human few years back, when the non-U.S. citi- time? Services released preliminary esti- zen was in the United States and ap- Mr. GREGG. Would it be possible now mates from the 1994 national household plied for and was authorized to obtain to propound a unanimous-consent survey on drug abuse. And its report is a green card, that person would have agreement that the time for debate on alarming. had to return to their native country the Senator’s amendment would be The survey found that among youth and then reenter the United States le- limited to not beyond 9 o’clock, that age 12 to 17, the rate of illicit drug use gally. the time consumed up until now would increased between 1993 and 1994 from In 1994, we passed a law that allowed be charged to your time, that the 5 6.6 percent to 9.5 percent. In the past the person in those circumstances to minutes to be used by the Senator from year, nearly 10 percent of our youth remain in the United States and obtain Missouri be charged to our time, and were using illicit drugs. Marijuana use the green card if certain requirements that the remainder of the time be di- among 12- to 17-year-olds has nearly were satisfied. That person paid an ad- vided equally? doubled from 1992 to 1994. ditional fee of a few hundred dollars. Mr. BIDEN. Yes, I believe so. I would Perhaps even more frightening than The rationale behind the additional fee like to ask, how much time would I the upsurge in use trends is the in- is that, in paying the fee, the person have left under such an agreement? crease in the perceived availability of did not have to leave the United The PRESIDING OFFICER. The illicit drugs, substances in all age States, return to their home country, original informal agreement was an groups. The percentage of youth re- reenter the United States, and they hour and a half, from 7:30 until 9, porting that marijuana was easy to ob- saved a round-trip fare ticket. In addi- equally divided. The Senator has since tain increased by over 10 percent. tion, there is $21.2 million in offsets used 35 minutes out of his 45-minute al- Fifty-nine percent of the young people from the reduction in the State prison location. in America said marijuana is easy to grants. Mr. BIDEN. I am happy to accede to obtain and they know how to get it. I note that the House funded the ad- the suggestion of the Senator from There was an increase in the perceived ministration’s request of $500 million. New Hampshire, if he wishes, that the availability of LSD, PCP’s, and heroin The bill before us provides $750 million time on this amendment extend until 9 for all age groups. for prisons. We all know that whatever o’clock and that the Senator from The percentage of people age 35 and comes out of conference is not going to Delaware would have approximately 12 older who claim that cocaine was eas- be $750 million. So we take $21 mil- minutes remaining? ily obtainable increased from 36 to 41 lion—a mere $21 million—out of the ad- Mr. GREGG. I have just been advised percent. Clearly, despite the progress ditional $250 million for State prisons that if that is the case, we end up lock- we made in drug abuse prevention and that the Senate subcommittee put in. ing in the offsets here, which is some- treatment and law enforcement, there And should it be adopted, the bill thing we would rather not do. Why do is still a great deal more to be done. would still provide more than $725 mil- we not continue to proceed. And things are moving the wrong way. lion for prison grants. And so when my Mr. BIDEN. That is what I thought. Given the need for more and greater colleagues legitimately ask, OK, BIDEN, On that score, I will be delighted to efforts in the war on drugs and given let us assume the three programs that yield to the Senator from Missouri at their call for a strong stand on the you and the cops talk about all the this time. Then I will seek recognition drug issue, I cannot understand why time are as good as you say, and that when he finishes. my colleagues in this body employ the is drug courts, the drug prison money, The PRESIDING OFFICER. The Sen- decision to abandon the key antidrug and drug treatment money in prisons ator from Missouri is recognized. initiative in the 1994 crime law. Spe- and rural drug enforcement—what I did Mr. BOND. Mr. President, I am not cifically, I would like to mention the was I found the $117 million to offset going to take up a great deal of time. three programs they have eliminated. that from the places I just stated. There are a number of things to work One I have spoke to—the drug courts; I see my friend from Missouri. I have out on this amendment. I could not second is drug treatment in State pris- more to say. How much time remains pass up this opportunity to come and ons; and the third is rural drug enforce- for the Senator from Delaware? tell this body that the concept of a ment grants. I do not quite understand The PRESIDING OFFICER (Mr. drug court has been in place in Kansas why, as we talk about drugs, we in fact THOMAS). There is no time, since the City, MO, for about 2 years, and it is find ourselves with legislation that amendment has not been offered. too early to say that this is the real so- cuts our effort in fighting drugs. Mr. BIDEN. I did not mean to do that lution. But the results, to date, are Last year, the 1994 crime law took a to the body. I was trying to save time. very spectacular. strong stand against drug abuse in Mr. GREGG. Will the Senator yield In Kansas City, drug offenses were rural areas, against drug abuse for a question? clogging up the court system. We did throughout the court system and in the Mr. BIDEN. Sure. not have the court resources available prison system. But this bill zeros out Mr. GREGG. Will the Senator from to provide full trials. We were getting those functions. Delaware be inclined to have the time citations. We did not have the prison So it always surprises me, when we that has been consumed applied to the space for the minor offenders. The drug talk about being tough on drugs, why hour and then have the time begin to court has been used with, apparently, a more of our colleagues do not go home run? great deal of success for the nonviolent and talk to their police, why they do Mr. BIDEN. Yes, I would. It is not my minor drug offenders in Kansas City. not talk to their prison officials, why intention, by not sending up the As the Senator from Delaware has al- they do not talk to the tough guys, the amendment, to be able to elongate the ready described, this is a program in law-and-order types, who will tell time that would have otherwise been which they go before a judge—and I S 14528 CONGRESSIONAL RECORD — SENATE September 28, 1995 talked at length with a judge—Judge percent; violent crime among juveniles lice departments down at the FBI Mason—whom I had the pleasure of ap- in rural areas—violent crime now—rose training facility. They need the exper- pointing when I was Governor of Mis- 15.2 percent in rural areas. tise. souri, and the county prosecuting at- Drug trafficking and addiction are These are brave women and men who torney, Clara McCaskle, who said this also skyrocketing in America’s rural are outmanned, outgunned and out- was one of the best ideas they had seen States, especially among our young smarted because they are dealing with for trying to get people early on in people. Drug abuse violations have in- something that goes well beyond the their careers, after they started taking creased by nearly 30 percent among town limits or the county limits that drugs, off of drugs and off of a life of young people under the age of 18 in re- they have the jurisdiction over. crime. cent years. Ten rural States are eligible for these There have been about 200 people in At the same time, the number of law grants statewide. These States include the program in 2 years, only 10 have enforcement employees per 1,000 inhab- Alaska, Arkansas, Arizona, Colorado, been rearrested. Some of them failed. itants in rural areas has not changed, Idaho, Iowa, Kansas, Maine, Montana, The nice thing about a drug court is leaving already understaffed law en- Nebraska, Nevada, New Mexico, North that if you fail the program, that is it, forcement teams in rural America to Dakota, Oklahoma, Oregon, South Da- you go into jail. There is no question fight devastatingly high increases in kota, Utah, Vermont, and Wyoming. about it. But 60 people have completed serious offenses. I will note that Delaware is not on the program. Only one has been In 1993, the most recent year that that list. These States that I mention, rearrested. That is a significantly high- data is available, 12 percent of our pop- these 19 rural States are eligible for er success rate than most of the other ulation or almost 32 million people statewide grants, although all the re- programs I have seen for dealing with were served by rural law enforcement maining States, the remaining 31 the minor drug-related offenders. agencies. States could benefit in their rural This, obviously, applies only to non- That is 32 million people who have areas. Rural areas of all other States violent offenders, who have not used a watched their communities become will receive funds, as well. These weapon in their crime. We think this frighteningly dangerous. That is 12 per- grants must be removed from the kind of tough supervision by a con- cent of the population that has wit- unfocused block grant and funded sepa- cerned judge—and it requires a judge nessed their children becoming increas- rately. If they are to remain in the block grant scheme, they will have to who is willing to devote his or her time ingly vulnerable to becoming victims compete with a great many programs to these cases, to give the drug of- of violent crime or becoming involved in drugs, crime and violence. for limited funds. fender the attention and discipline Let me ask all who are not in the 19 needed to get them off of the drug Rural drug enforcement grants have, we found, been the best way to target States, what do you think of the possi- habit and get them out of a life of bility your rural law enforcement offi- assistance to rural area law enforce- crime, offers a great degree of promise. cer is going to get this money? What do ment agencies. I might point out that I had asked that the drug court at you think the possibility is that your Senator HATCH was one of the leaders least be made a permissible use under Governor will send it your way? Do you in making sure this provision was in the block grant program. Frankly, I think maybe it will go where the popu- the crime bill. think making it a permissible use is lation centers are? These grants, which place a special not enough. Based on what we have I bet it surprises even some of my seen, I would like to see the drug court emphasis on drug enforcement over the colleagues here on the floor to hear me procedure in the law in some form. 32 million people living in rural areas, say that violent crime is rising faster I look forward to working with my give the protection they need and de- in the rural parts of your State than it colleague from Delaware and my col- serve. These dollars can be used for the is in the urban parts of your State. league from New Hampshire to see if same purposes State and local officials In the block grant, I very much we cannot include provisions for drug use their Byrne grant money; specifi- doubt and I believe you would be hard courts. I can tell you, from the heart- cally, funding will support the highly pressed to convince me or yourself that land where we have a drug problem, the successful multijurisdictional State, this money which was specifically ear- drug courts seem to be one of the most local, and Federal drug enforcement marked for rural areas and States that promising ways of dealing with the task forces. are rural in nature, they need the help. problem. Anything in this area that These joint efforts have proven that So I would like to point out that rural holds out a chance of working I think they work. They have a proven track areas often come up last when it comes should be given a chance. record of reducing drug trafficking in to the so-called funding fight in each At the very least, the drug court pro- rural America. State. This fact has not escaped my gram should be made an option used Put this in commonsense terms. How colleagues in previous years. under the block grant program. I would can a rural sheriff, a rural chief of po- The need for special targets of like to see us go further. I would like lice in a town of 800 or 1,000 or 1,500 or anticrime funds to rural areas was also to see us say that drug grant programs 5,000 people, with one officer or maybe expressed by my colleague, Senator should be entitled to a certain percent- as many as three or four, how can they HATCH, on February 10, 1994, while he age of the block grants. possibly deal with the sophisticated was speaking in support of the Biden- I look forward to working with the drug operations that come into their Hatch rural crime amendment, when managers on both sides. areas? They cannot do it. he said: Mr. President, I reserve the balance In the good old days when I was We need to get more officers to rural areas of my time. I yield the floor. chairman of the Judiciary Committee, where the violent crime problem is increas- Mr. BIDEN. Mr. President, in keeping many of my colleagues, Republican as ing at a greater rate . . . drugs, crime, and with our informality here, let me finish well as Democrats, would come to me violence are national problems facing both up. I thank my friend from Missouri for and say, ‘‘Joe, can you help me get an urban and rural America. Unfortunately, the speaking to the efficacy of drug courts. extra DEA agent in Montana? Can you crime problems faced in rural America have been overlooked by Federal agencies in Let me speak to two other pieces of help me get an extra DEA agent or two Washington. They have focused on the crime this amendment. One is the rural drug of them in Idaho or North Dakota, in urban areas. Yet the problems of rural enforcement grants. The latest reports South Dakota, Vermont, Maine?’’ states need greater Federal attention as well from rural America tell a bitter story Small States, but rural States. They . . . if there is a place where additional Fed- of violent crime, murder, rape, aggra- are big geographically. eral expenditures is warranted, it is to fight vated assault. It is rising faster in The reason they needed them is their crime and violence in rural states. rural America. Most of our colleagues local sheriffs, their local police officer That was what my colleague said from urban States do not realize this. coming to them and saying, ‘‘We need February 10, 1994. In the 102d Congress, It is rising faster in rural America than some expert help and advice.’’ We even Senators Adams, BAUCUS, BRYAN, in urban America. went so far as to allow for the provid- BUMPERS, CONRAD, DASCHLE, Fowler, From 1992 to 1993 alone, the violent ing of training for local law enforce- HARKIN, HEFLIN, LEAHY, PRYOR all co- crime rate in rural areas increased 7.4 ment officers from rural and small po- sponsored the Rural Crime and Drug September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14529 Control Act which I authored and This means, of course, we have to they did not is because the State legis- passed in 1991. identify violent offenders and make latures did not want to go back to I believe areas experiencing growth sure they go to prison. But it also their folks in the State and say to get in violent crime and drugs are areas to means we must separate out the non- tough on crime we have to build more which enforcement funds should be tar- violent offenders who can be diverted, prisons. To get tough on crime we have geted, especially when those areas are potentially, from a career of crime to raise your taxes. To get tough on already underfunded and their enforce- through an intensive cost-effective pro- crime we are going to increase our ment efforts such as in rural areas are grams such as military-style boot spending. Most States did not do that. undermanned. That is why I am asking camps. What this does, it gives the States the rural drug enforcement grants re- That is exactly what we did in 1994 the option to be cost effective. For 40 ceive direct funding, so they can guar- with the Biden crime law. We encour- percent of cost, they can take the non- antee rural areas their fair share of aged the States to identify nonviolent violent offenders, who are serving time help from the Federal Government in offenders and offer them alternative, in a penitentiary, behind bars, in a se- ridding their communities of drugs and more cost-effective programs while we, cure, maximum security facility, put crime related to drugs. in fact, kept them incarcerated. We them behind barbed wire with folks Again, I daresay if you go ask your provide $9.7 billion to States to build with guns watching them, in Quonset rural law enforcement people what and operate prisons and we gave them huts, and free up hard-core prison they would rather have, what chance the option to use a portion of that space for the violent offenders. they think they have of getting any money for boot camps. At a minimum that is what boot adequate funding out of this when it This appropriations bill would com- camps do. At a minimum. They also do goes into one big pot and it goes into pletely eliminate State flexibility to much more. But in the interests of the State legislature and is distributed use boot camps for nonviolent offend- time I will not belabor the Senate with by the Governor, I wonder if they think ers in order to free up conventional that argument. they are going to get a fair share. I pre- prison cells for violent offenders. My So, to sum up, what I do here is I dict to you they will not. amendment would restore the State op- come up with a total of $117 million in If the Dole block grant is adopted, tion, the State flexibility to use boot shifting around of how the Appropria- the block grant amendment introduced camps for nonviolent offenders, to use tions Committee allocates the money. by Senator DOLE gives targeted aid to their Federal prison money for boot I take $117 million and I get it two urban areas. The formula for the block camps. ways. One, I take a total of $21.2 mil- grants is targeted to high-crime areas, Let me first tell my colleagues a lit- lion from State prisons, which were in- weighs population in its equation for tle bit about boot camps so they can be creased by a quarter-billion dollars by determining crime rates, and the for- clear what we are talking about. Boot this committee over the requested mula guarantees that urban areas will camps provide a regimented program of amount, and over what the House has, receive targeted funds while assuming work and exercise for young, non- still leaving a total of $225 million for that most rural areas will not receive violent offenders. And they have shown prison grants. And I take money by in- such aid. marked success with young offenders In 1993, the most recent year for creased fees on people obtaining green who learn discipline and respect for law which data is available, the murder cards, because they now would have to and authority. rate grew 3.4 percent in rural America go home and spend the cost of going They are put behind barbed wire. home and back to be able to get the and it decreased 2.8 percent in the Na- They are locked in. They are essen- tion’s largest cities. Similarly, the vio- green card and now they do not have to tially put in Quonset huts. Some argue lent crime rate rose 1.4 percent in rural do that. It is not onerous. It is a rea- it is inhumane. I argue if it is good areas, while it decreased 3.4 percent in sonable charge for that privilege. And enough for a marine to sleep in a the largest cities. that is how I get the $117 million in off- But the Dole block grant proposal Quonset hut, it did not hurt him very sets. that is in this bill targets aid to the much, it sure in heck should not be too I take that money and I put it in the most populous areas. It clearly does tough to put a convicted person, a non- drug courts, drug treatment and pris- not target funds to those areas most in violent person in such a circumstance. ons and rural drugs as well as law en- At the time we did this in the Biden need, rural America. While violent forcement, family support. crime rates, including homicide, forc- crime bill just about everybody stood I thank my friend from New Hamp- ible rape and assault, are declining in up and supported boot camps. It was shire for his indulgence in listening to urban areas, they are clearly on the one of the few things everybody agreed my amendment and I will be happy to rise in rural America. And rural Amer- on. Now I am a little concerned. I do yield the floor for him or anyone else ica does not receive the funds under not know what has happened that we to speak against the amendment. But I this block grant proposal. Rural areas would go contrary to the trend of the ask unanimous consent to send the have historically had the hardest time last year, which is to give States more amendment to the desk, that no producing funds for law enforcement, flexibility. I have heard no one argue amendments to my amendment be in and it seems to me we should not allow these boot camps are not worthwhile. I order, and that my amendment be in these areas to continue to receive less have heard no one argue that States order. attention and less antidrug-related should not be allowed to have them. Mr. GREGG. I have no objection. money than urban areas just because And I have heard no one argue that The PRESIDING OFFICER. Without they are less populous. States should not have flexibility. So, objection, it is so ordered. This is just an example of the cre- maybe it was an oversight that States AMENDMENT NO. 2818 ative budget games that are going on. were explicitly prevented from using (Purpose: To restore funding for residential By providing open-ended block grant their prison money to build boot substance abuse treatment for State pris- funds which may be used for this or camps. I do not know. But the bottom oners, rural drug enforcement assistance, any other program, while at the same line is quite simple. Boot camps work the Public Safety Partnership and Commu- time significantly cutting the amount to do one very important thing—I sus- nity Policing Act of 1994, drug courts, of total funding available, my friends pect many others, but one. That is, I grants or contracts to the Boys and Girls are limiting programs such as rural will end where I started. Clubs of America to establish Boys and Girls Clubs in public housing, and law en- drug enforcement block grants without Two years ago the States convicted— not in Federal court, in State court— forcement family support programs, to re- doing so directly because of where they store the authority of the Office of Na- will have to compete. several hundred thousand violent of- tional Drug Control Policy, to strike the The last point I wish to speak to at fenders were convicted in the State State and Local Law Enforcement Assist- this moment is the boot camps. court system. Mr. President, 30,000 con- ance Block Grant Program, and to restore Our ability to reduce crime in a man- victed, violent offenders never spent a the option of States to use prison block ner depends directly upon our ability day in jail—30,000, in the States; 30,000 grant funds for boot camps) to target offenders with the appro- convicted State felons, violent felons, Mr. BIDEN. I send the amendment to priate time of sentence. never served a day in jail. The reason the desk. S 14530 CONGRESSIONAL RECORD — SENATE September 28, 1995 The PRESIDING OFFICER. The The PRESIDING OFFICER. The pated in this program. What’s more, clerk will report. clerk will call the roll. just a few weeks ago Attorney General The legislative clerk read as follows: The legislative clerk proceeded to Janet Reno announced a new effort at The Senator from Delaware [Mr. BIDEN], call the roll. the Department of Justice to target for himself and Mr. BRYAN, proposes an Mr. GREGG. Mr. President, I ask some of these new cops on the beat to amendment numbered 2818. unanimous consent that the order for helping address domestic violence. Mr. BIDEN. Mr. President, I ask the quorum call be rescinded. Having more cops involved in com- unanimous consent that reading of the The PRESIDING OFFICER. Without munity policing fighting crime, means amendment be dispensed with. objection, it is so ordered. less crime. It is as simple as that. In The PRESIDING OFFICER. Without Mr. WELLSTONE. Mr. President, I only a short time the COPS Program is objection, it is so ordered. rise in support of the Biden amend- already delivering on its promise of The amendment is as follows: ment. I ask unanimous consent to be providing more police officers in a very On page 26, line 10, after ‘‘Act;’’ insert the added as an original cosponsor. In- cost-effective, flexible manner. Not following: ‘‘$27,000,000 for grants for residen- cluded in this amendment is a provi- surprisingly those on the front line in tial substance abuse treatment for State sion to restore the Community Ori- the fight against crime have only prisoners pursuant to section 1001(a)(17) of ented Police Service Program and the praise for this program. Police chiefs, the 1968 Act; $10,252,000 for grants for rural local community crime prevention drug enforcement assistance pursuant to sec- sheriffs, deputies, and rank-and-file po- tion 1001(a)(9) of the 1968 Act;’’. block grant and that is the part to lice officers all support this effort to On page 28, line 11, before ‘‘$25,000,000’’ in- which I would like to address my re- put more police in communities. sert ‘‘$150,000,000 shall be for drug courts pur- marks. But now this very successful, popular suant to title V of the 1994 Act’’. The bill the Senate is currently con- crime-fighting program is under attack On page 29 line 6, strike ‘‘$750,000,000’’ and sidering: (1) would dismantle the COPS by Republicans who want to convert its insert ‘‘$728,800,000’’. program, (2) would combine the COPS funding into a block grant. Unfortu- On page 29, line 15, after ‘‘Act;’’ insert the program and the crime prevention following: ‘‘$1,200,000 for Law Enforcement nately, the Republican block grant Family Support Programs, as authorized by block grant into one big block grant, plan does not stipulate that the money section 1001(a)(21) of the 1968 Act’’. and (3) would cut the funding for both. must be spent on hiring cops. Instead, On page 44, lines 8 and 9, strike ‘‘conven- I believe this would, first of all, open the money can be redirected to fund tional correctional facilities, including pris- the door to funding anything under the restaurant inspectors, parking meters, ons and jails,’’ and insert ‘‘correctional fa- sun that a Governor determines is law radar guns—and any other of a host of cilities, including prisons and jails, or boot enforcement or crime prevention. And, things. camp facilities and other low cost correc- it effectively would eliminate all crime The money ought to be spent the way tional facilities for nonviolent offenders that prevention from this crime bill that is can free conventional prison space’’. it was intended and the way law en- On page 20, line 16 strike all that follows to now law. For when law enforcement is forcement officials want it spent: to page 20 line 19 and insert:’’ pitted against crime prevention efforts, hire police officers. The Nation’s major Section 245(i) of the Immigration and Na- law enforcement always wins. police enforcement organizations all tionality Act (8 U.S.C. 1255(i)) is amended— This, I say to my colleagues, turns agree on this point. (1) in the second sentence of paragraph (1), the clock back on the commitment we We all know that crime is one of the by striking ‘‘five’’ and inserting ‘‘ten’’; and made last year to help communities great plagues of our communities. Peo- (2) in paragraph (3), by inserting before the fighting as well as prevent crime. ple in the suburbs and people living period at the end the following: ‘‘or, notwith- Last year Congress passed and the standing any other provsion of law, may be downtown are afraid—they are afraid deposited as offsetting collections in the Im- President signed the Violent Crime to go out at night, they are afraid to migration and Naturalization Service ‘‘Sala- Control and Law Enforcement Act of venture into the skyways, they are ries and Expenses’’ appropriations account 1994. A central part of the crime bill in- afraid to leave their cars parked on the to be available to support border enforce- cluded money for the hiring, over 5 street. We also all know that having a ment and control programs’’. years, of 100,000 more police officers larger police presence helps deter the The amendments made by subsection (a) under the Community Oriented Polic- very crimes that people fear the most. shall apply to funds remitted with applica- ing Services (COPS) Program. To date, Buying more parking meters, radar tions for adjustment of status which were under this program, more than 25,000 filed on or after the date of enactment of guns, or hiring more restaurant inspec- this Act. police officers have been hired—in Min- tors does not address this plague nor For activities authorized by section 130086 nesota alone, 354 new cops have been address peoples’ legitimate fears. of Public Law 103–322, $10,300,000, to remain funded. Importantly, each of these offi- It is peculiar that the party that available until expended, which shall be de- cers was hired to be on the beat, not in claims to be tough on law and order is rived from the Violent Crime Reduction the office. proposing as one of its first steps to Trust Fund. At a time of very tight budgets, the change a successful, cost-effective ‘‘law Mr. BIDEN. I realize this is a mildly money for both the COPS Program and and order’’ program—one that ought to backward way of doing it, speaking to the crime prevention block grant come have broad, bipartisan support. it before I send it to the desk, but I did from savings achieved by reducing the Crime prevention was also an essen- it, and I yield to the Senator from New Federal bureaucracy. None of these tial element of the crime bill. Despite Hampshire. new police officers or crime prevention the fact that at each step of the way in Mr. GREGG. Mr. President, I appre- programs are adding an additional bur- passing the Crime bill, prevention pro- ciate the presentation of the Senator den on the taxpayer. We, as a Congress, grams got watered down, in the end we from Delaware. There is some which I and indeed a country, made fighting decided that crime prevention had to agree with and some which I do not crime a top priority last year when we be part of this bill. agree with. I would like to point out decided to use the savings from stream- Two years ago, when Congress began that I agree with his comments rel- lining the Federal Government and consideration of the crime bill we ative to boot camp. We have used the from cutting some domestic programs started with a substantial portion of boot camp process in New Hampshire, for fighting crime. the crime bill addressing prevention; and it has been quite successful. I have The COPS Program is a good pro- after all, prevention is crime control, to believe that the decision to drop the gram. It is reaching and helping com- stopping crime before it ever happens. boot camp was inadvertent. I hope we munities. It is very flexible. Local ju- It, by the way, included something will correct it. risdictions can work with the Justice that I think is extremely important— If the Senator at some point wishes Department to meet their particular supervised visitation centers. A model to divide his amendment and bring needs. The Justice Department has that I brought from Minnesota to help that up separately, I would certainly acted swiftly, has minimized the paper- families with a history of violence. be supportive of it. In any event, hope- work, and has staffed 800 numbers for Ultimately, we ended up with a crime fully we can at least work out that immediate assistance. It is not surpris- bill that included a block grant to the part of his amendment. ing, therefore, that approximately 200 States for prevention programs—the I suggest the absence of a quorum. Minnesota jurisdictions have partici- local community crime prevention September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14531 block grant. And, funding was not even that we are going to stop the cycle of made a commitment to the American authorized until FY 96. We haven’t violence. people when we passed the crime bill. even given it a chance to work and get Mr. President, I believe that a highly all of us, Republicans and Democrats into communities—one of the few pro- trained police, highly motivated, com- alike, made a commitment to the citi- visions in the crime bill that was in- munity-based, sensitive to the people zens of this country that we would tended to prevent crime, one of the few in the communities, can make a dif- work with them to reduce crime. The provisions that was not funded until ference. They are wanted and they are COPS Program insures that more po- next year and some in Congress are needed. But the bill we are considering lice officers will be on the beat in trying to cut it off at the knees. today will do nothing to prevent the towns and communities across the The Biden amendment would restore criminal of tomorrow. And indeed country. the crime bill structure and ensure without more cops on the beat it may Mr. President, of the 100,000 new po- that some of the funds that were set not do much to fight the criminals of lice officers promised, almost 26,000 aside as part of the Crime Control today. have already been hired—253 in Arkan- Trust Fund are spent on real preven- Every 5 seconds a child drops out of sas alone. Our police departments are tion programs. school in America. This is from the made up of men and women who put The local crime prevention block Children’s Defense Fund study. Every 5 their lives on the line every day to grant, like the COPS Program, pro- seconds a child drops out of a public make our streets safer—not just in big vides a lot of flexibility to the States school in the United States of America. urban areas, but in small towns and and communities. Under this block Every 30 seconds a baby is born into rural areas. With a block grant, funds grant, communities can determine poverty. Every 2 minutes a baby is may not filter down to small towns what types, within a general list of born with a low birthweight. Every 2 that desperately need the extra help. about 14 different ideas, of prevention minutes a baby is born to a mother They are being asked to do more with programs to fund, what prevention who had no prenatal care. less as crime rates continue to rise rap- plans fit their community the best. But Every 4 minutes a child is arrested idly. Gangs and drug dealers are mi- this block grant is for prevention, for an alcohol-related crime. Every 7 grating out of the larger, more sizable nothing else. Again, it is one of the few minutes a child is arrested for selling cities and into the smaller towns at an aspects of the crime bill that focuses drugs. Every 2 hours a child is mur- alarming rate. on prevention, an essential element of dered. Every 4 hours a child commits It is our duty, Mr. President, to as- any crime fighting effort. And, as I suicide, takes his or her life in the sist the prevention of crime in our stated earlier, it has not even had a United States of America. And every 5 country. The major law enforcement chance to be implemented. This com- minutes a child is arrested for a violent organizations in my State of Arkansas, ing year would be the first year fund- crime. as well as across the country, have ing will actually go to help commu- Mr. President, if we do not continue united in support the COPS Program. nities. to be serious about the prevention They tell us that this program is work- I cannot emphasize enough how im- part, we are not going to stop the cycle ing, that it is getting more officers on portant crime prevention is—especially of violence. the streets. So why are we eliminating now. And, under this appropriation bill All too many young people are grow- a program that is working? very little, if any, funding would go to ing up in neighborhoods and commu- I have received phone calls and let- prevent crime. nities in our country where if they ters from police chiefs and sheriffs in If we were to listen to people in the bump into someone or look at someone towns, both large and small, through- communities that are most affected by the wrong way they are in trouble, out my State praising this program. the violence, they would say to us you where there is too much violence in For example, the Danville Police De- have to have the money in prevention. their homes, where violence pervades partment in Danville, Arkansas, has, But how interesting it is that those every aspect of their life. And people through the COPS Program, been able who would essentially eliminate these who grow up in such brutal cir- to hire an additional officer to patrol prevention programs do not come from cumstances can become brutal. And the streets at night. In the month since those communities, do not know the that should not surprise any of us. Mike Pyburn has been hired, he has al- people in those communities, and I do Prevention and law enforcement— ready made a drug arrest. As he was not think they asked the people in both essential elements of any crime patrolling the streets one night, Officer those communities at all what they fighting effort. These two should not Pyburn spotted and stopped a person think should be done. have to compete with each other for with a warrant out on a misdemeanor. Mr. President, I can just tell you funding, nor should funding be cut for In this person’s possession at the time that in meeting with students, stu- either. of the arrest was 14 individually dents that come from some pretty I urge my colleagues to support the wrapped bags of marijuana. The COPS tough background—students at the Biden amendment. Program enabled this officer to be on Work Opportunity Center in Minneapo- IN DEFENSE OF THE COPS PROGRAM the job and get these illegal drugs off lis, which is an alternative school, Mr. PRYOR. Mr. President, I rise the streets of Danville. This is one of young students who are mothers and today in support of a program that is many arrests this officer has made. others who come from real difficult cir- vital to each and every one of us. It is Having additional night patrols has not cumstances, all of them said to me: vital to the safety of our States, of our only improved public safety, it has re- You can build more prisons and you towns, of our communities. In 1994, lieved the people’s fears. The citizens can build more jails, but the issue for Congress passed the omnibus crime of Danville can now sleep at night feel- us is jobs, opportunity. You will never bill. Among other things, this impor- ing a little safer because Officer stop this cycle of violence unless you tant legislation will put 100,000 more Pyburn is on duty. do something that prevents it in the police officers on the street through Colonel John Bailey, the Director of first place. the Community Oriented Policing the Arkansas State Police, put the im- Then I turn to the judges, the sher- Services Program—or COPS Program. portance of the COPS Program into iffs, and the police chiefs, and I call Today, as I stand in this Chamber, simple terms. He said that ‘‘This pro- them on the phone in Minnesota, and I there are over 25,000 officers that would gram puts the money where the prob- ask them what they think. And they not be out there—protecting citizens in lem is. In five years, anyone in Wash- say yes we need community police and communities across this country—if it ington can come down and I’ll say, yes we need the other parts of the were not for the COPS Program. ‘This is what your money provided for crime law, but they all say, if you do If we eliminate this program and us. Here he is.’ and introduce them to not do something about preventing turn the fund over to the States in a my new officer.’’ You can’t necessarily crime, if these young people do not block grant, as the Appropriations say that with block grant funds, Mr. have these opportunities, if we do not Committee has proposed, there is no President. get serious about reducing violence in guarantee that a single additional po- This program is effective, and it is the home, do not believe for a moment lice officer will be hired. Not one. We easy for law enforcement agencies to S 14532 CONGRESSIONAL RECORD — SENATE September 28, 1995 apply for the additional officers they so Steve Russell, administrative commander of welcomed into a community. The ‘‘Cops’’ desperately need. Unlike most Federal the Rogers Police Department, said Tuesday. program is what facilitated this boost to our grant programs, there are not pages ‘‘It’s given us . . .the opportunity to have Department. Again thank You for all your work. I would and pages of complicated forms to be additional personnel we wouldn’t otherwise have had.’’ also like to compliment a member of your filled out, and extensive regulations to The COPS FAST program operates under staff, Cynthia Wetmore, who has always been follow. For small towns, there is one the office of Community Oriented Policing very responsive and made many of the proc- page to fill out. That’s it. One page. Services of the U.S. Department of Justice. esses much easier. And it takes less than an hour to fill The grant program is designed to help law- Sincerely, out. enforcement agencies immediately increase ROBERT R. WOCHNER, I have a letter from Larry Emison, their available manpower. The three-year Chief of Police. the Sheriff of Craighead County in program will allow the Rogers Police Depart- ment to add two new officers with the fed- UNIVERSITY OF ARKANSAS FOR MEDI- Northeast Arkansas. They also have eral grant of $132,337 added to $44,113 in local CAL SCIENCES, OFFICE OF THE used their COPS grant to add an addi- funds to cover the cost in salaries and bene- CHANCELLOR, tional deputy to their night patrol. He fits of $176,450 over the three years of the July 20, 1995. has been in place since April, but the grant. After the grant ends, all of the costs Sheriff DICK BUSBY, community has noticed a difference will be borne by the local agency. Crittenden County Sheriff Dept., and feels safer on the streets, particu- Russell said the COPS FAST grant pro- Marion, AR. DEAR SHERIFF BUSBY: As Multi-discipli- larly at night. Mr. President, this feel- gram is an example of how the federal gov- ernment can make it easier for local agen- nary Team Project Coordinator for the Ar- ing of safety is due in large part to this cies to reap the benefits of federal programs. kansas Commission on Child Abuse, Rape officer made possible through the ‘‘This was one of the fastest programs and Domestic Violence, I wanted to com- COPS Program. we’ve seen, in terms of the time from the ap- mend your department for their involvement Chief Wiley White in DeValls Bluff plication to us getting the money,’’ Russell on the Crittenden County Multi-disciplinary has called this program ‘‘a lifesaver for said. ‘‘That just allows us to put more police Team. The dedication of local community the community.’’ He hired David on the streets faster, which we certainly professionals has had a positive impact upon Huggs, a former prison guard who he need. The application process was very sim- the child abuse victims in your county. The ple, unlike most federal grants.’’ Commission is particularly pleased with the had been working with for years. Chief Russell said the Rogers department cur- number of joint investigations being con- White told me that Officer Huggs has rently has 59 certified law-enforcement offi- ducted. Crittenden County is one of the few ‘‘been a miracle for this town.’’ cers, with one approved slot remaining open. counties involved in joint investigations. I have a lot of these stories, Mr. The department has four officers who are Children are indeed much less traumatized President. Officer Rebecca Hanson was just completing their 10-week training and the quality of investigations is im- hired in Crittenden County, Arkansas, course at the Arkansas Law Enforcement proved. Your time is extremely valuable and to investigate criminal sexual abuse to Training Academy in Camden. Another five we appreciate that you are willing to give so children. Officer Hanson has special are scheduled to start the course Monday. generously to child abuse victims. We hope Officers who successfully complete the acad- that you will continue to participate in the training in interviewing children about emy training course still have to complete Crittenden County Multi-disciplinary Team the abuse they have suffered. In her another 12 weeks of field training with the efforts. first 5 months since being hired, Officer department, he said, giving new officers Sincerely, Hanson has handled a total of 42 cases, about six months of initial training. SHANA H. CHAPLIN, resulting in 7 arrests. We can only According to Russell, the Rogers Police MDT Project Coordinator. speculate as to what might have hap- Department’s staffing levels are below na- pened to these innocent children if it tional average for law-enforcement agencies. LARRY EMISON, Rogers has 1.82 officers for every 1,000 people. COUNTY SHERIFF, hadn’t been for Officer Hanson’s pres- The national average is 2.65 officers per 1,000 Jonesboro, AR. August 2, 1995. ence on the police force. people. To reach the national average, he Senator DAVID PRYOR, The Morning News of Northwest Ar- said, Rogers would need 87 officers. Russell Building, Room 267, kansas reported in July how valuable Washington, DC. the COPS Program has been to the POLICE DEPARTMENT, Attn: Cynthia Wetmore Rogers Police Department and the citi- CITY OF BULL SHOALS, REF: COPS Grant zens of Northwest Arkansas. Two new Bull Shoals, AR, August 1, 1995. DEAR SENATOR PRYOR: We are very pleased officers have been added to their force. Senator DAVID PRYOR, to be the recipient of a COPS grant for 1 dep- 267 Russell, According to the article, Capt. Steve uty sheriff. Due to a lack of manpower in the Washington, DC. past, our night patrol was lacking. This addi- Russell of the Rogers Police Depart- SENATOR, I wish to express my sincere tional deputy has been placed on the night ment said that the grant program has thanks for all your work related to the shift, therefore, giving us at least 2 deputies given them the opportunity to have ad- ‘‘Cops’’ Programs. As I am sure you know, per night patrolling Craighead county. This ditional personnel that they would not my Department received a grant to add an has only been in place a short period of time have had otherwise. Captain Russell Officer to the staff. That hiring has turned and I can already see a difference with this said the COPS FAST grant program is out to be a very progressive move. Our citi- additional coverage. I have had several com- zen contacts have risen markedly, and the ments from citizens within the county, stat- an example of how the Federal Govern- results have been very positive. ment can make it easier for local agen- ing that they now see a patrol car at night Charles Robert Chapman is the Officer who more than they have in the past. cies to reap the benefits of Federal pro- was hired. Since his employment, which I want to personally thank you, Congress, grams. I ask unanimous consent that began 04–15–95, Officer Chapman has been and President Clinton for making this pro- the article be printed in the RECORD. I very productive. Within the first month Offi- gram available. This will make great dif- also ask unanimous consent that a few cer Chapman was on the street he developed ference in the fight against crime in the of the letters I have received on the the information which lead to a search war- United States. rant and arrest of a 32 year old male subject COPS Program be printed in the Sincerely, on the charge of being a Felon in Possession LARRY EMISON, RECORD. of Firearm. The subject who was disarmed, Craighead County Sheriff. There being no objection, the mate- had been convicted and jailed on Felonies for Mr. PRYOR. Mr. President, putting rial was ordered to be printed in the Burglary and Drugs. Officer Chapman also an additional 100,000 officers on the RECORD, as follows: developed information from a citizen that streets is a promise that this body [From the Morning News of Northwest led to the location and confiscation of Mari- Arkansas, July 19, 1995] juana plants being grown on Federal Prop- made last year when it passed the erty. I know that in many Cities these cases crime bill. It is our duty to continue POLICE DEPARTMENT RECEIVES GRANT along with several cases related to weapons, this vital program that represents an (By Thomas Sissom) probation violations, domestic batteries and approximate 20 percent increase in the The Rogers Police Department will reap DWI, would not make an Officer stand out. American police force. What the Amer- the benefits of President Clinton’s campaign But here in a relatively secure retirement ican people want is to feel safe in their promise to put 100,000 more law-enforcement and recreation area these significant arrests officers on the streets with the receipt of a go a long way to ease and assure the minds homes and on the streets of their $132,337 COPS FAST grant. of our citizens. I have been involved in Law neighborhoods. They deserve this safe- ‘‘It certainly is a valuable program to local Enforcement for over 20 years and have ty and the COPS Program is delivering and rural law-enforcement agencies,’’ Capt. never seen an Officer so well accepted and it to them. I urge my colleagues to September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14533 stand with me in protecting what is Mr. President, in my State, we have be manipulating the FCC rules on important to our country. I urge you to the Native Hawaiian Legal Corp. microwave relocation to leverage exor- vote to save the COPS Program. [NHLC], a nonprofit organization es- bitant payments from new PCS licens- LEGAL SERVICES TO NATIVE AMERICANS tablished to provide legal services to ees. Mr. INOUYE. Mr. President, I seek a Native Hawaiian community. NHLC I am advised that if this practice con- few moments in order to seek clarifica- has a 20 year history of providing ex- tinues unchecked, more and more tion from my esteemed colleague, the emplary legal assistance to Native Ha- microwave incumbents are likely to senior Senator from Alaska, with re- waiians, and it has long been affiliated employ these unintended tactics. More gard to language that is contained in with the Native American Rights importantly, it will reportedly devalue an amendment proposed by my col- Fund. Fifteen percent of NHLC’s an- spectrum in future auctions to the league. When the Subcommittee on nual funding comes from the Native tune of up to $2 billion as future bid- Commerce, Justice, State and the Judi- American portion of the Legal Services ders factor this successful gamesman- ciary met to consider H.R. 2076, the ap- Corporation budget. It is my under- ship into their bidding strategy. Pre- propriations bill for fiscal year 1996, standing that the language proposed by viously scored revenue for deficit re- Senator STEVENS proposed an amend- my esteemed colleague from Alaska is duction will be unfairly diverted in- ment to the amendment proposed by to ensure the continued provision of stead into private pockets. the esteemed chairman of the full com- legal services to Native Americans that Would the Senator agree with me: mittee, Senator HATFIELD, relating to are currently being provided through a First, that this type of gaming of re- the provision of legal services as it af- separate Native American allocation of location negotiations was unintended, fects Native American households. the funding provided to the Legal Serv- is unreasonable, and should not be per- Mr. STEVENS. Mr. President, my ices Corporation. My question of my mitted to continue unchecked; amendment, which was adopted by the colleague from Alaska is whether it is Second, that the affected parties Subcommittee on Commerce, Justice, his intent that Native Hawaiians would should attempt to agree on a mutually State and Judiciary on September 7, continue to be eligible to receive funds acceptable solution to this problem; Third, that if an acceptable com- 1995, provides that in States that have appropriated for the provision of legal promise cannot be brought forth by the significant numbers of eligible Native services under your amendment, con- affected parties within a reasonable American households, grants to such sistent with the current situation States would equal an amount that is time period, then either Congress or under the Legal Services Corporation? the FCC should address this matter as 140 percent of the amount such states Mr. STEVENS. I thank the Senator quickly as possible with appropriate would otherwise receive. My amend- for his earlier comments. My colleague ment was necessary in order to prevent remedies? from Hawaii, in his capacity as the Mr. HOLLINGS. I thank my col- a serious reduction in legal services to former chairman of the Indian Affairs league for raising this issue. As he Native Americans. Under current law, Committee, has traveled many, many noted, I offered an amendment on the there is a separate, additional appro- times to my State of Alaska, and I State, Justice, Commerce Appropria- priation for legal services to the Native know that he has come to appreciate tions bill in 1992 on this issue. The elec- American community. The Legal Serv- the very difficult circumstances under tric utilities, oil pipelines, and rail- ices Corporation is also given the flexi- which the vast majority of our native roads must have reliable communica- bility to allocate additional resources villages live. I know the challenges the tions systems. The FCC initially pro- to States like Alaska, which experi- Senator from Hawaii faces in trying to posed to move these utilities’ commu- ence increased costs due to the dif- meet the needs of native communities nications systems from the 2 gigahertz ficulty of providing legal services to re- in the State of Hawaii, and I therefore band to the 6 gigahertz band without mote populations, many of which are understand full well his desire to clar- ensuring that the 6 gigahertz band comprised of Native Americans. Given ify the meaning of ‘‘Native American would provide reliable communica- the fact that the Legal Services Cor- households’’. When I proposed this lan- tions. poration, including the separate Native guage, it was my intention to ensure My amendment, which the FCC sub- American appropriation, was elimi- that those Native American commu- sequently adopted in its rules, guaran- nated the committee’s bill, my amend- nities, including native Hawaiian teed that the utilities could only be ment was necessary in order to ensure households, currently being served by moved out of the 2 gigahertz band if the continued provision of legal serv- the Legal Services Corporation would they are given 3 years to negotiate an ices to the Native American commu- continue to have access to legal serv- agreement, if their costs of moving to nity. ices under the block grant approach the new frequency are paid for, and if Mr. INOUYE. Mr. President, I wish to proposed by Senator HATFIELD. Have I the reliability of their communications express my deep appreciation to my sufficiently addressed my colleague’s at the new frequency is guaranteed. colleague from Alaska for his efforts in concerns? Now I understand that some of the this area, and for recognizing that the Mr. INOUYE. Mr. President, I wish to incumbent users may be taking advan- significant needs for legal assistance in thank my colleagues from Alaska, for tage of the negotiation period to delay Native American communities span a clarifying this matter for me. I am cer- the introduction of new technologies. broad range of issues, from housing and tain that the native Hawaiian commu- It was certainly not my intention to sanitation to health care and edu- nity will be most appreciative of the give the incumbent users an incentive cation. In my own State of Hawaii, Na- Senator’s clarification. to delay moving to the 6 gigahertz tive Hawaiians comprise less than 13 ABUSES INVOLVING MICROWAVE INCUMBENTS band purely to obtain more money. I percent of the population, but rep- Mr. BREAUX. I would like to raise an agree with my friend that the parties resent more than 40 percent of the pris- issue that has become of concern to involved in this issue should try to on inmate population. Native Hawai- several members of this committee on work out an acceptable solution to this ians have twice the unemployment rate both sides of the aisle. issue. If the parties cannot agree to of the State’s general population and Previously, as chairman of this com- work out a compromise, I believe that represent 30 percent of the State’s re- mittee and of the Appropriations Sub- Congress or the FCC may need to re- cipients of aid to families with depend- committee, the Senator from South visit this issue. ent children. Over 1,000 Native Hawai- Carolina was instrumental in establish- WOMEN’S BUSINESS PROGRAMS ians are homeless, representing 30 per- ing spectrum auctions for new PCS Mrs. HUTCHISON, Mr. President, I cent of the State’s homeless popu- services, and was a guiding force on de- would like to address an important lation. Native Hawaiians have the low- veloping the rules that were adopted by portion of the Hatfield amendment, est life expectancy, the highest death the FCC governing relocation of micro- preservation of Small Business Admin- rate, and the highest infant mortality wave licensees out of this spectrum. istration funding for women’s business rate of any other group in the State. He is aware, as we have discussed, programs. Moreover, they have the lowest edu- that certain enterprising individuals I believe the issue of women in busi- cation levels and the highest suicide have recruited a number of microwave ness needs to be placed in the clearer rate in Hawaii. incumbents as clients and now seem to context. S 14534 CONGRESSIONAL RECORD — SENATE September 28, 1995 The new dynamics of the American It has conducted: symposiums on get- Business Ownership Development Pro- economy have brought about a sea- ting access to capital, in conjunction gram—modest in scope but breath- change in society. Thirty years ago, with the Federal Reserve; and informa- taking in the possibilities they hold when most women entered the work tional meetings on Federal Govern- out to those willing to work hard— force, they did so to supplement their ment procurement contract opportuni- have the potential to turn America families’ incomes. Most often, women ties for women-owned businesses. around. I am pleased my colleagues working outside the home did so in In November, the council plans to saw their value and agreed to contin- clerical and support roles. initiate a project with Northwestern ued funding. Thirty years ago, a young couple University’s Kellogg School of Manage- Mr. LIEBERMAN. Mr. President, I could live on the income of one profes- ment to develop an agenda for national would like to express my concern about sional. On that income, a schoolteacher research on women’s entrepreneurship. the programs that are suffering as a re- could buy a nice house in a good neigh- The continuation of current funding sult of the appropriations in this bill. borhood. Young families could hope to for this council’s salaries and expenses The programs that I am referring to save, drive a nice car, educate their at a level of $200,000 represents a mod- are critical to the future of the U.S. children, and take vacations. Today est—but prudent—investment in our economy. Economic security, competi- many cannot. Nation’s business sector. tiveness, jobs. That is what is at risk. Economic restructuring and societal There is an urgent argument to be Technology development is slated to changes have accelerated the entry of made for well-thought-out initiatives be the victim of our budget axe. Invest- women into the work force, into the aimed at encouraging more women to ments in technology are investments professions and into business. We see create their own businesses: in our future and should not be termi- the challenges these changes have gen- Here are some disturbing facts: half nated. In our enthusiasm to make cuts erated all around us. of all working women are sole support to balance the budget we are losing Nothing has been more exciting and for themselves and their families; and sight of the reason we want to balance challenging, though, than the emer- women and the children they support the budget in the first place—to make gence of women as business builders comprise more than 75 percent of peo- our economy stronger. The irony is and entrepreneurs. Without exception, ple who live in poverty in the United that by cutting technology programs every aspect of business offers extraor- States. we are cutting programs that are al- dinary opportunities for women. Mr. President, if we as a Nation want ready making our economy stronger. Women-owned firms are an increas- to reduce the reliance of women and We will be defeating our own purpose. ingly dynamic sector of our economy. children on welfare and social service I am particularly concerned about According to the most recent census programs, these women must become the integration of the technology and data available—1982–87—the number of economically self-sufficient—and the trade functions in the Department of women-owned firms increased by 57 opportunity for self-sufficiency will Commerce. Within the Department of percent—more than twice the rate of most likely come from women-owned Commerce there are programs that all U.S. businesses. enterprises. work with the private sector to foster These businesses employed 35 percent The Women’s Business Ownership De- new ideas that may underpin the next more people in the United States than velopment Program addresses these generation of products. This is one of the Fortune 500 companies employed problems in constructive ways. It is a the few places where information chan- worldwide, and had a payroll of nearly public-private partnership whose goal nels are developed that make sure that $41 billion. is the creation of new jobs, increasing More women-owned businesses have the earning potential of women, and the ideas generated in our world class staying power—over 40 percent have forging a larger pool of skilled women research institutions find their way been in business for 12 or more years. entrepreneurs. into the marketplace. Previous Admin- Businesses owned by women tend to There are 38 demonstration sites in istrations had the foresight to realize hire more women. It is not unusual to 20 States, with plans for more. More that we are entering a new era, an era find that two-thirds of their employees than 25,000 clients have been served in where economic battles are as fiercely are women. urban and rural locations. Each center fought as any previous military ac- In 1993, the Small Business Adminis- tailors its program to the particular tions. New kinds of technology pro- tration’s flagship lending program, the needs of the community. Training ac- grams were begun with bipartisan sup- 7(a) program, guaranteed 25,000 loans tivities include: assistance in accessing port to make sure that the United totaling $6.4 billion to women-owned capital; management assistance; mar- States was well armed for these eco- businesses. While women-owned busi- keting and procurement assistance; nomic battles. I do not want to see us nesses accounted for nearly one-third and specialized programs that address lose our technology edge in the mar- of all small businesses, they only made home-based businesses and inter- ketplace, because this edge translates up about 10 percent of loan recipients national trade. directly into jobs for our work force, that year. In 1994, that total rose to 24 The North Texas Women’s Business new markets for American business, percent. Development Center, which is being improvements in our balance of trade, In spite of their successes in getting dedicated tomorrow, is a shining exam- and from this economic success, des- started in providing employment, one ple of the promise this program holds. perately needed revenues for our treas- of the biggest impediments that It is a collective effort of the National ury. The home of technology programs women-owned businesses face today is Association of Women Business Own- is with our trade programs where they constraints on their growth—they re- ers, the North Texas Women’s Business will have the most impact and do the main small. Women-owned businesses Council, the Greater Dallas Chamber of most good for our economy. The Tech- average annual sales of $67,000, com- Commerce, the Dallas-Fort Worth Mi- nology Administration is a critical pared to $140,000 in sales for all small nority Business Development Corp. and component of the Department of Com- businesses. the Dallas County Community College. merce and we need to make sure that That is why, Mr. President, the Na- Under the auspices of the Women’s its key functions are maintained. tional Women’s Business Council and Business Consortium, this broad-based, Making changes in technology and the Women’s Business Ownership De- private-sector supported initiative will trade functions at this juncture in time velopment Program are so important. help start-up and growing women- must be done extremely carefully. New The National Women’s Business owned businesses. One of the areas on markets are emerging in developing Council monitors plans and programs which they will concentrate is Govern- countries. Conservative estimates sug- developed in the private and public sec- ment contracting opportunities for gest that 60 percent of the growth in tor which affect the ability of women- women. world trade will be with these develop- owned businesses to obtain capital and Four million dollars will help estab- ing countries over the next two dec- credit. The council also develops and lish demonstration sites like the one in ades. The United States has a large promotes new initiatives, policies and Dallas in cities all across this country. share of imports in big emerging mar- plans designed to foster women’s busi- Programs like the National Women’s kets currently, in significant part be- ness enterprises. Business Council and the Women’s cause of the efforts of the Department September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14535 of Commerce. While we are making Our goal should be, not to try and Congress to consider carefully the impact of changes in the Department of Com- categorize research, but to make in- R&D on US economic vitality and to move merce, our foreign competitors are in- vestments that are appropriate, and forward in crafting an R&D agenda that will creasing their investments in their that strengthen our economy. I believe sustain US technological leadership far into the future. economies. Competing advanced econo- that there is an important and legiti- I would like to describe two programs mies are just waiting for us to make a mate role for government to play in in which I have taken a particular in- move that will weaken our economic technology research. The National As- terest, the Advanced Technology Pro- capacity. We cannot afford to disman- sociation of Manufacturers has spoken gram [ATP] and the Manufacturing Ex- tle successful programs that are mak- out strongly in favor of the kind of tension Program [MEP]. ing and keeping the United State com- technology programs that are run by petitive. We should be sure that the Department of Commerce. I would ATP changes we make will be improving the like to read some quotes from their Dr. Alan Bromley, President Bush’s Government’s efficiency and improving statement about Federal technology Science Advisor in 1991, determined a the taxpayer’s return on investment. programs: list of 20 technologies that are critical to develop for the United States to re- The kind of technology programs The NAM is concerned that the magnitude and distribution of the R&D spending cuts main a world economic power. There that I am advocating are not corporate has been very little disagreement welfare or techno pork. I find these proposed thus far would erode US techno- logical leadership. among analysts and industry about the terms not only inaccurate and derived A successful national R&D policy requires list. No one company benefits from from ignorance, but offensive. Amer- a diverse portfolio of programs that includes these technologies, rather a variety of ican industry is not looking for a hand- long- and short-term science and technology industries would benefit with advances out. Quite the contrary. These pro- programs, as well as the necessary infra- in any one of these areas. These are the structure to support them. The character of grams are providing incentives to elicit kinds of areas that form the focus support from the private sector for pro- research activities has changed substantially in the past decade, making hard and fast dis- areas of the ATP. The focus areas are grams that are the responsibility of the determined by industry, not by bureau- Government. Times are tough and the tinctions between basic and applied research or between research and development in- crats, to be key areas where research Government needs to cut back, so we creasingly artificial. R&D agendas today are breakthroughs will advance the econ- are looking for the handout from pri- driven by time horizons not definitions. In omy as a whole not single companies. vate industry, not the other way short, rigid delineations between basic and There is no doubt that industry bene- around. Let me explain. applied research are not the basis on which fits from partnering with the Govern- private sector R&D strategies are executed, Everyone agrees that when markets ment. The nature of the marketplace fail, it is legitimate to have the Gov- nor should they be the basis for federal R&D policy decisions. has changed, and technological ad- ernment step in. For example, so-called The NAM believes the disproportionate vances are a crucial component in basic research, the Government funds, large cuts proposed in newer R&D programs maintaining our stature in the new because no one industry can capture are a mistake. R&D programs of more recent world marketplace. Product life cycles the benefits of the investment. Basic vintage enjoy considerable industry support are getting more and more compressed, research is described as research that for one simple fact: They are more relevant so that the development of new prod- to today’s technology challenges. For exam- is so far reaching that it will impact a ucts must occur at a more and more wide array of applications in a variety ple, ‘‘bridge’’ programs that focus on the problem of technology assimilation often rapid pace. The market demands prod- of different industries on a timeframe yield greater payoff to a wider public than ucts faster, at higher quality and in that could be quite long. No one ex- programs aimed at technology creation. wider varieties—and the product must pects a single company to make an in- Newer programs address current R&D chal- be delivered just in time. Innovative vestment, when it can not capture a lenges far more effectively than older pro- technological advances enhance speed, sufficient return on its investment, or grams and should not fall victim to the ‘‘last quality, and distribution, to deliver to when the investment would be too hired, first fired’’ prioritization. customers the product they want, when risky or too long term. That would be In particular, partnership and bridge pro- grams should not only not be singled out for they want it. Ironically, the competi- bad business. I agree with this defini- elimination, but should receive a relatively tive market demands that companies tion of basic research and I agree with greater share of what federal R&D spending stay lean and mean, diminishing the these criteria for the appropriate role remains. These programs currently account resources that are available for R&D for government investments. These cri- for approximately 5 percent of federal R&D programs that foster the kind of inno- teria apply equally to investment in spending. The NAM suggests that 15 percent vation necessary to stay competitive. technology research, as long as the may be a more appropriate level. Because of all of these pressures, indus- Given the critical importance of R&D, far technology research is precompetitive, trial R&D is now focused on short-term high risk, and long term. too much is being cut on the basis of far too little understanding of the implications. The product development at the expense of So-called basic research has also world has changed considerably in the past long-term research to generate future been defined as research that does not several years, and R&D is no different. generations of products. have any clear application. This defini- Crafting a federal R&D policy must take The conclusion is clear. This short- tion is puzzling. One could legitimately stock of these changes; to date this has not term focus will lead to technological ask, why perform research that delib- happened. inferiority in the future. Our economy As the major funder and performer of the erately has no application? In reality, R&D in the US, industry believes its voice will suffer. Some of my colleagues in research is rather fickle and difficult should be heard in setting the national R&D Congress believe that basic research to predict. Sometimes one can plot a agenda. The Congress and the Administra- will provide the kind of innovation nice logical progression from basic re- tion should draw on industry’s experience necessary to generate new generations search, to applied research, to product and expertise in determining policy choices. of high-technology products. On the development, but this is usually not For example, as a guide to prioritizing fed- contrary, we have seen historically the case. Often what appears to be eral R&D programs, the NAM would favor that basic research performed in a vac- basic research turns out to be product those programs that embody the following uum, that is without communication attributes: industry led; cost-shared; rel- development, or applied research re- evant to today’s R&D challenges; partner- with industry, is unlikely to lead to sults in a fundamental breakthrough ship/consortia; deployment-oriented; and products. with farreaching results, or as most dual use. In this country, we have the best commonly happens, at the end of an ex- We believe these criteria provide the basis basic research anywhere in the world. periment, the research scientist must for creation of a template for prioritizing There is no contest. Yet, we continue go back to the drawing board and try federal R&D spending. to watch our creative basic research one more experiment before she can In sum, the NAM remains firmly commit- capitalized by other nations. We must ted to a balanced federal budget. But we also claim success. Thus, the research sce- firmly believe that the action taken thus far improve our ability to get our brilliant nario is complicated and trying to in downsizing and altering the direction of ideas to market. Basic research focuses make clear distinctions is artificial at US R&D spending is tantamount to fighting on a time horizon of 10 to 20 years. best. hunger by eating the seed corn. We urge the Product development focuses on a time S 14536 CONGRESSIONAL RECORD — SENATE September 28, 1995 horizon of less than 5 years, and some- recognize that our policies must each Federal dollar invested in a small- times much shorter than that. It is the change with the marketplace and adapt or mid-sized manufacturer through the intermediate timescale, the 5 to 15- our manufacturing strategy to compete MEP, there has been $8 of economic year time-frame that is critical to de- in this new global marketplace. The growth. This is a program that is pay- velop a research idea into a product Manufacturing Extension Program ing for itself by growing our economy. concept. [MEP] is a big step forward in reform- Each MEP is funded after a competi- We have a responsibility to make ing the role of government in manufac- tive selection process, and currently sure that our private sector does not turing. This forward looking program there are 44 manufacturing technology fall behind in the global economy. Di- was begun under President Reagan, and centers in 32 States. One requirement minishing our technological prepared- has received growing support from Con- for the centers is that the States sup- ness is tantamount to unilateral disar- gress since 1989. ply matching funds, ensuring that cen- mament, in an increasingly competi- The focus of the MEP Program is one ters are going where there is a tive global marketplace. Government/ that historically has been accepted as a locallysupported need. In summary, industry partnerships stimulate just proper role of government: education. the MEP provides the arsenal of equip- the kind of innovative research that The MEP strives to educate small- and ment, training, and expertise that our can keep our technological industry at mid-sized manufacturers in the best small- and mid-sized manufacturers the leading edge. These partnerships practices that are available for their need to keep them in the new global help fill the gap between short-term manufacturing processes. With the economic battlefield. MEP we have the opportunity to play a product development, and basic re- The ATP and the MEP are critical constructive role in keeping our com- search. technology investments. They are both American companies no longer sur- panies competitive in a fiercely com- run under the auspices of the National vive by thinking only about the na- petitive, rapidly changing field. When Institutes of Standards and Tech- tional marketplace. They must think manufacturing practices change so rap- nology, [NIST]. In addition to these globally. Familiar competitors like idly, it is the small- and mid-sized NIST programs, NIST itself is at risk. Japan and Germany, continue to com- companies that suffer. They cannot af- I would like to bring to my colleagues’ pete aggressively in global markets. ford to invest the necessary time and attention, a recent letter sent by 25 New challenges are coming from India, capital to explore all new trends to de- American Nobel prize winners in phys- China, Malaysia, Thailand, some of the termine which practices to adopt and ics and the presidents of 18 scientific leading Latin American nations and then to train their workers, invest in societies. As the New York Times put more. We cannot afford to let jobs and new equipment, and restructure their it ‘‘Budget cutters see fat where sci- profits gradually move overseas to factories to accommodate the changes. entists see a national treasure.’’ These these challengers, by resting on our The MEP’s act as a library of manufac- scientists are shocked and appalled laurels, complacent in our successes. turing practices, staying current on that we could think of making cuts in Other countries, seeing the success of the latest innovations, and educating NIST and its programs. According to the ATP, are starting to imitate it, companies on how to get the best re- the scientists ‘‘It is unthinkable that a just as we are considering doing away sults. At the heart of the MEP is a modern nation could expect to remain with it. Our competitors must be team of teachers, engineers, and ex- competitive without these services’’ chuckling at their good fortune, and perts with strong private sector experi- and they continue ‘‘We recognize that our shortsightedness. We simply can- ence ready to reach small firms and your effort to balance the budget is not afford to cut the ATP. their workers about the latest manu- forcing tough choices regarding the De- MEP facturing advances. partment of Commerce, however the The state of manufacturing in this Another benefit of the MEP is that it laboratories operated by NIST and country is mixed. On the one hand our brings its clients into contact with funded by the Department of Com- manufacturing productivity is increas- other manufacturers, universities, na- merce are a vital scientific resource for ing, but on the other hand we are los- tional labs and any other institutions the Nation and should be preserved in ing manufacturing jobs by the mil- where they might find solutions to the process of downsizing the Federal lions. Manufacturing which once was their problems. Facilitating these con- Government.’’ These scientists are the the lifeblood of our economy is bleed- tacts incorporates small manufacturers leaders of the scientific community ing jobs overseas. We need to provide into a manufacturing network, and and we should not disregard their ad- the infrastructure that insures that this networking among manufacturers vice. our manufacturing industry flourishes. is a powerful competitive advantage. As I look at our manufacturing com- With close connections, suppliers begin This amendment restores funding for petitors, I am struck by how little we working with customers at early stages NIST and its programs at a time when do to support this critical component of design and engineering. When suppli- we cannot afford to be without their of our economy. In the United States ers and customers work together on contributions to national competitive- we are used to being the leaders in product design, suppliers can provide ness. Investments in the trade and technologies of all kinds. Historically, the input that makes manufacturing technology functions in Department of English words have crept into foreign more efficient, customers can commu- Commerce are investments in our fu- languages, because we were the inven- nicate their specifications and time- ture economic health, in high wage tors of new scientific concepts, tech- tables more effectively, and long-term jobs for our workers, in the American nology, and products. Now when you productive relationships are forged. dream. describe the state-of-the-art manufac- These supplier/customer networks are Mr. GREGG. Mr. President, I would turing practices you use words like common practice in other countries, ask unanimous consent that the vote ‘‘kanban’’ and ‘‘pokaoke.’’ These are and lead to more efficient and there- scheduled for 9 p.m. this evening be Japanese words that are known to pro- fore more competitive, design, and pro- postponed to occur at 10 a.m. tomor- duction workers all over the United duction practices. row, Friday, and that immediately fol- States. Kanban is a word which de- The MEP is our important tool in lowing the granting of this consent, scribes an efficient method of inven- keeping our small manufacturers com- Senator DOMENICI be recognized to tory management, and pokaoke is a petitive. We are staying competitive in offer his amendment. method of making part of a production markets that have become hotbeds of The PRESIDING OFFICER. Is there process immune from error or mistake global competition, and we are begin- objection? proof thereby increasing the quality of ning to capture some new markets. Mr. HOLLINGS. Reserving the right the end product. We have learned these More importantly, companies that to object, Mr. President, is it also un- techniques from the Japanese, in order have made use of MEP are generating derstood that we can follow as we to compete with them. new jobs rather than laying off workers originally intended to stack the Do- In a global economy, there is no or moving jobs overseas. These compa- menici vote; namely, after the 10 a.m. choice, a company must become state- nies are growing and contributing to vote on the Biden amendment, we of-the-art or it will go under. We must real growth in the U.S. economy. For would have the Domenici vote? September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14537 Mr. GREGG. That, to my knowledge, tial substance abuse treatment for State The PRESIDING OFFICER. Without has not yet been agreed to with Sen- prisoners pursuant to section 1001(a)(17) of objection, the pending question will be ator DOMENICI. He will be here at 9 to the 1968 Act; $10,000,000 for grants for rural the amendment on page 26. begin debate on his amendment. And at drug enforcement assistance pursuant to sec- The clerk will report. tion 1001(a)(9) of the 1968 Act;’’. The assistant legislative clerk read that time I would hope that such an On page 28, line 11, before ‘‘$25,000,000’’ in- agreement could be reached with Sen- sert ‘‘$100,000,000 shall be for drug courts pur- as follows: ator DOMENICI. suant to title V of the 1994 Act;’’. The Senator from New Mexico (Mr. DOMEN- Mr. HOLLINGS. I would hope so. On page 29, line 6, strike ‘‘$750,000,000’’ and ICI), for himself, and Mr. HATFIELD, Mr. HOL- Pending that, Mr. President, I would insert ‘‘$728,800,000’’. LINGS, Mrs. KASSEBAUM, Mr. D’AMATO, Mr. have to object. On page 29, line 15, after ‘‘Act;’’ insert the STEVENS, Mr. INOUYE, Mr. KENNEDY, and Mr. The PRESIDING OFFICER. Objec- following: ‘‘$1,200,000 for Law Enforcement SPECTER, proposes an amendment numbered 2819 to the committee amendment on page tion is heard. Family Support Programs, as authorized by section 1001(a)(21) of the 1968 Act’’. 26, lines 18 through 20. Mr. GREGG. Mr. President, I suggest On page 44, line 8 and 9, strike ‘‘conven- Mr. DOMENICI. Mr. President, I ask the absence of a quorum. tional correctional facilities, including pris- unanimous consent that reading of the The PRESIDING OFFICER. The ons and jails,’’ and insert ‘‘correctional fa- amendment be dispensed with. clerk will call the roll. cilities, including prisons and jails, or boot The PRESIDING OFFICER. Without The bill clerk proceeded to call the camp facilities and other low cost correc- tional facilities for nonviolent offenders that objection, it is so ordered. roll. (The text of the amendment appears Mr. GRAMM. Mr. President, I ask can free conventional prison space’’. in today’s RECORD under ‘‘Amendments unanimous consent that the order for On page 20, line 16, strike all that follows to page 20, line 19, and insert: Submitted.’’) the quorum call be rescinded. Section 245(i) of the Immigration and Na- Mr. DOMENICI. Mr. President, I be- The PRESIDING OFFICER (Mr. tionality Act (8 U.S.C. 1255(i)) is amended— lieve the Parliamentarian might have BURNS). Without objection, it is so or- (1) in the second sentence of paragraph (1), had in mind that I sought unanimous dered. by striking ‘‘five’’ and inserting ‘‘ten’’; and consent that there be cosponsors when (2) in paragraph (3), by inserting before the UNANIMOUS-CONSENT AGREEMENT there was no amendment there. Mr. GRAMM. Mr. President, I ask period at the end the following: ‘‘or, notwith- standing any other provision of law, may be I now ask that those cosponsors that unanimous consent that the vote deposited as offsetting collections in the Im- enumerated a while ago be added as scheduled for 9 p.m. this evening be migration and Naturalization Service ‘‘Sala- original cosponsors. postponed to occur at 10 a.m. Friday, ries and Expenses’’ appropriations account The PRESIDING OFFICER. Without and immediately following the grant- to be available to support border enforce- objection, it is so ordered. ing of this consent that Senator DO- ment and control programs’’. Mr. DOMENICI. Mr. President, I send MENICI be recognized to offer his The amendments made by subsection (a) two documents to the desk. One is a amendment. shall apply to funds remitted with applica- summary of the Domenici amendment, I further ask unanimous consent that tions for adjustment of status which were and a separate sheet indicating the filed on or after the date of enactment of at 9 a.m. the Senate resume consider- this Act. prohibitions that will be imposed on ation of the McCain amendment No. For activities authorized by section 130016 legal services, and I ask unanimous 2816 with 60 minutes equally divided, of Public Law 103–322, $10,300,000, to remain consent that they be printed in the that a vote occur following the Biden available until expended, which shall be de- RECORD. vote with 4 minutes equally divided be- rived from the Violent Crime Reduction There being no objection, the mate- tween the two votes, and that follow- Trust Fund. rial was ordered to be printed in the ing these votes, the Senate resume con- Mr. DOMENICI addressed the Chair. RECORD, as follows: sideration of the Domenici amend- The PRESIDING OFFICER. The Sen- SUMMARY: DOMENICI LEGAL SERVICES AMEND- ment. ator from New Mexico. MENT, H.R. 2076, COMMERCE, JUSTICE, AND The PRESIDING OFFICER. Is there AMENDMENT NO. 2819 TO THE COMMITTEE STATE, THE JUDICIARY, AND RELATED AGEN- objection? AMENDMENT ON PAGE 26, LINES 18 THROUGH 20 CIES Mr. DOMENICI. Reserving the right (Purpose: To improve provisions relating to IN GENERAL to object, did the Senator say I would appropriations for legal assistance) The amendment restores the Legal Serv- offer my amendment tonight or tomor- Mr. DOMENICI. Mr. President, I am ices Corporation, provides $340 million in row? going to send an unprinted amendment funding for fiscal year 1996 and adopts House Appropriations restrictions on use of funds. I have no objection. to the desk in a minute. This unprinted Appropriate offsets will be found throughout Mr. GRAMM. Immediately following amendment is an amendment to the the appropriations bill. this, the Senator would do it tonight. committee amendment beginning on FUNDING The PRESIDING OFFICER. Without page 26, line 18 wherein we add the fol- Provides $340 million in FY 1996, $225 mil- objection, it is so ordered. lowing. I want to state before I send it lion through August 31, 1996 and $115, to be The Senator from New Mexico is rec- there that my cosponsors as of now— provided upon the September 1, 1996, imple- ognized. and I welcome any others that would mentation of a competitive bidding system Mr. BIDEN. Mr. President, will the like to join—are Senators KASSEBAUM, for grants, as outlined in the amendment. Senator be kind enough to yield for 30 HOLLINGS, D’AMATO, STEVENS, INOUYE, RESTRICTIONS ON USE OF FUNDS BY seconds? HATFIELD, KENNEDY, and SPECTER. CORPORATION AND RECIPIENTS Mr. DOMENICI. Certainly. Mr. President, the only thing I want Advocating policies relating to redistrict- AMENDMENT NO. 2818, AS MODIFIED to put in the RECORD tonight after I ing (same as House). Mr. BIDEN. In the amendment which have introduced the amendment, I will No class action lawsuits (stronger than House). I sent to the desk numbered 2818, my put in—I did not. I do not have to send Influencing action on any legislation, Con- omnibus amendment, I made a mistake it up until I am ready to send it up. stitutional Amendment, referendum or simi- in two places in it in terms of numbers. Right? I think that is the rule. I will lar procedure of Congress, State or local leg- They were as described but different send it up shortly. islative body (same as House). than written, and it has been cleared I am putting a list in of the prohibi- Legal assistance to illegal aliens (same as tions that are found in this amendment House). with the majority and minority. Supporting/conducting training programs I ask unanimous consent that I may with reference to what the Legal Serv- relating to political activity (same as modify my amendment, and I send the ices Corporation will be prohibited House). modification to the desk. from doing. So overnight, if anybody Abortion litigation (same as House). The PRESIDING OFFICER. Without has any concern about my not getting Prisoner litigation (same as House). objection, the amendment is so modi- rid of class action lawsuits and the Welfare reform litigation, except to rep- fied. like, I would like them to peruse this resent individual on particular matter that does not involve changing existing law (same The amendment (No. 2818), as modi- list and give me their advice. as House). fied, is as follows: Therefore, Mr. President, with that Representing individuals evicted from pub- On page 26, line 10, after ‘‘Act;’’ insert for explanation, I send the amendment to lic housing due to sale of drugs (same as following: ‘‘$27,000,000 for grants for residen- the desk and ask for its consideration. House). S 14538 CONGRESSIONAL RECORD — SENATE September 28, 1995 Accepting employment as a result of giv- citizens who otherwise would not have ing from the $400 million appropriated ing unsolicited advice to non-attorneys access to the American legal system to the Legal Services Corporation for (same as House). and the protection its affords the many fiscal year 1995 to $210 million—a re- All non-LSC funds used to provide legal services by recipients may not be used for basic rights we enjoy in this country duction of nearly 50 percent. the purposes prohibited by the Act (same as and which so many of us take for Not only does the bill slash funding House). granted. for legal services for the poor, it also SPECIAL PROVISIONS The Legal Services Corporation pro- establishes severe restrictions on the Competitive bidding of grants must be im- vides funds to State legal aid programs type of services that may be provided plemented by September 1, 1995, and regula- throughout our Nation. It has been de- under the new block grant program. tions must be proposed 60 days after enact- scribed as one of the most effective and This program would drastically limit ment of the Act. Funds will be provided on worthwhile Federal programs in exist- qualified services to 10 specific causes an ‘‘equal figure per individual in poverty.’’ ence, while also being one of the least of action. As a result, low-income indi- Native Americans will receive additional costly. Legal Services programs pro- viduals would be denied representation consideration under the act but no special vided needed legal assistance to ap- with respect to numerous critical—and earmarks are provided as have existed in the proximately 1.7 million clients annu- basic—legal matters. past. Restrictions shall apply only to new cases ally, benefiting about 5 million individ- Under the measure, qualified services undertaken or additional matters being ad- uals living in poverty in this country, appear to exclude representation in es- dressed in existing cases. primarily women and children. LSC ac- sential legal matters such as applying Lobbying restrictions shall not be con- complishes this using only about 3 per- for or appealing a denial of statutory strued to prohibit a local recipient from cent of its total funding for adminis- benefits, including Social Security ben- using non-LSC funds to lobby for additional tration and management. That means efits, veterans benefits, unemployment funding from their State or local govern- that 97 percent of the appropriation compensation, food stamps or medical ment. In addition, they shall not prohibit assistance; obtaining or refinancing the Corporation from providing comments on goes directly to the local programs federal funding proposals, at the request of that provide the services, clearly illus- home ownership; housing discrimina- Congress. trating the efficient operation of this tion; claims based on consumer fraud Under the Domenici amendment, all funds, valuable program. or defective products; discrimination regardless of source, received by the corpora- Maryland’s Legal Aid Bureau, which in hiring; wage claims; problems with tion, or its grantees may not be used for the receives by far the largest portion of public utilities; immigration; unfair following prohibited purposes: its total funding from the Legal Serv- sales practices; preparation of wills; Advocating policies relating to redistrict- ices Corporation, has done an outstand- paternity; and patient rights. ing. Prohibited. Class action lawsuits. Prohibited. ing job of representing Maryland citi- Most of these excluded causes of ac- Influencing action on any legislation, Con- zens living in poverty. With the fund- tion represent legal matters that rou- stitutional Amendment, referendum or pro- ing received from LSC, the 13 legal aid tinely arise out of everyday problems cedure of Congress, State or local legislative offices located throughout Maryland faced by many Americans. Under the body. Prohibited. provide general legal services to ap- committee bill, legal assistance with Legal assistance to illegal aliens. Prohib- proximately 19,000 families and individ- respect to these routine types of cases ited. uals annually, assisting Marylanders in would be denied arbitrarily to low-in- Supporting/conducting training programs relating to political activity. Prohibited. such routine legal matters as consumer come individuals and families. Abortion litigation. Prohibited. problems, housing issues, domestic and Additional restrictions would pro- Prisoner litigation. Prohibited. family cases, and applying for and ap- hibit legal service providers from using Welfare reform litigation. Prohibited. Ex- pealing the denial of public benefits. funds under the program for represen- cept to represent individual on particular Because the Republican measure pro- tation in cases related to matters such matter that does not involve changing exist- poses that grants be made to individual as redistricting, legislative and admin- ing law. attorneys, and appears to exclude cur- istrative advocacy, and prison litiga- Representing individuals evicted from pub- lic housing due to sale of drugs. Prohibited. rent legal services programs from eligi- tion. Class action lawsuits against the Accepting employment as a result of giv- bility for funding under the program, Government or private parties—which, ing unsolicited advice to non-attorneys. Pro- the Maryland Legal Aid Bureau could contrary to the myth currently being hibited. lose some of even all of this critical perpetuated, actually encompass less All non-LSC funds used to provide legal Federal funding. This would leave than one-tenth of 1 percent of all legal services by recipients may not be used for Maryland Legal Aid unable to provide services cases—would be barred, as the purposes prohibited by the Act. Prohib- these vital services to the many thou- would lawsuits challenging the con- ited. Additionally, there are a number of clari- sands of clients currently represented— stitutionality of any statute. fying and special provisions: who, in fact, represent only a small Another particularly disturbing pro- Competitive bidding of grants must be im- percentage of Maryland’s poor citi- vision in the bill would require that plemented by September 1, 1995, and regula- zens—unless alternative funding can be any qualified client, as a condition for tions must be proposed 60 days after enact- provided at the State and local level. receiving services under the program, ment of the Act. Funds will be provided on Mr. President, the Legal Services waive the attorney-client privilege and an ‘‘equal figure per individual in poverty.’’ Corporation has operated an effective the attorney work product privilege. Mr. DOMENICI. I yield the floor. and efficient program in representing This clearly interferes with the ethical Mr. SARBANES. Mr. President, I rise citizens, who without this assistance, obligations that all lawyers have to in strong support of the Legal Services would never have their day in court. their clients. Program and in opposition to the pend- Although most of the cases involve Mr. President, the drastic cutbacks ing appropriation bill. Pursuant to this routine legal disagreements related to and restrictions in this bill would legislation, and the Legal Services Pro- housing, consumer issues, family and strike a devastating blow to many of gram—as it has existed for more than domestic matters, and employment, our citizens who would find access to two decades—would be abolished and these routine matters often become in- the courts blocked and would be unable replaced with a legal assistance block surmountable when coupled with the to assert the rights to which they are grant program, funded at a level that is other pressures of a complex society entitled by our Constitution and our drastically less than current funding that weigh on a family unable to afford laws. for legal services. legal representation. I strongly urge my colleagues to op- The Legal Services Corporation has The Republican proposal would re- pose these attempts to dismantle this been at the forefront of our efforts to place the Legal Services Corporation vital program and to support the con- give real meaning to the words embla- with a block grant program adminis- tinuation of the Legal Services Cor- zoned in stone above the portals of the tered by the Department of Justice, poration and the current legal services Supreme Court: ‘‘Equal Justice Under through which funds for civil legal as- delivery system, as well as increased Law.’’ The Legal Services Program has sistance would be allocated to the funding for legal assistance for the provided critically needed services to States. The bill severely reduces fund- poor over the level proposed in this ap- millions of poor, elderly, and disabled ing for legal services, cutting the fund- propriation measure. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14539 An editorial appearing in the Sep- would prevent the worst from happening. If Earlier this year the members of the tember 15 New York Times eloquently efforts at moderation do not succeed, Presi- Foreign Relations Committee adopted addressed the current Republican at- dent Clinton must stand ready with his veto a provision that would have extended tack on funding legal services for the pen. the life of this program for another 4 poor and the importance of maintain- AMENDMENT NOS. 2820 THROUGH 2828 EN BLOC years, just as the pending amendment ing the Legal Services Corporation. I Mr. GRAMM. Mr. President, I ask does. The committee-adopted provi- ask unanimous consent that this edi- unanimous consent to set aside the Do- sion, however, is still pending in the torial be printed in the RECORD. menici amendment. committee’s authorization bill which There being no objection, the edi- The PRESIDING OFFICER. Without the Senate has yet to consider fully. torial was ordered to be printed in the objection, it is so ordered. Since the authority to continue this RECORD, as follows: Mr. GRAMM. Mr. President, I send to program expires on September 30 of [From the New York Times, Sept. 15, 1995] the desk a number of amendments that this year, the Senate must take imme- have been cleared on both sides, and I SHOWDOWN FOR LEGAL SERVICES diate action. Equal justice for all may be an American ask unanimous consent that they be One may ask why I offer a 4-year ex- ideal but not to the Republican-controlled considered en bloc. tension of this program. The answer is Congress, where measures advanced omi- The PRESIDING OFFICER. Without twofold: First, the authorizing commit- nously this week to abolish the Legal Serv- objection, it is so ordered. tee made the decision to extend it for 4 ices Corporation, the federally financed pro- The clerk will report. years and, second, so that we can put gram to help poor people with legal prob- The Senator from Texas (Mr. GRAMM) pro- lems. this issue to rest for at least one addi- poses amendments numbered 2820 through tional authorization cycle. The corporation, which was created in 1974, 2828 en bloc. managed to survive previous attacks on its Our committee has spent countless mandate and financing during the Reagan Mr. GRAMM. Mr. President, I ask hours overseeing this program during and Bush Administrations, aided by powerful unanimous consent that reading of the the last few years. The U.S. Informa- Democratic friends in Congress and some Re- amendments be dispensed with. tion Agency, which administers this publicans, like former Senator Warren Rud- The PRESIDING OFFICER. Without program, has spent many hours on it as man of New Hampshire. But its continued objection, it is so ordered. well. USIA this year applied new regu- existence is now in jeopardy. Not satisfied The amendments are as follows: with the disabling funding cut already ap- lations to the administration of the au proved by the full House, or pending provi- AMENDMENT NO. 2820 pair program and I want to see these sions in both chambers that would greatly Purpose: To terminate the Regulatory Co- regulations implemented for awhile be- restrict the types of cases that may be han- ordination Advisory Committee, the Bio- fore a determination is made as to dled, the Republicans who control the House technology Technical Advisory Commit- whether the program should be perma- and Senate are moving to dismantle the pro- tee, and the Advisory Corrections Council) nently authorized. gram entirely. At the appropriate place in the bill insert Mr. President, the distinguished The House voted in July to slash the cor- the following new section: chairman of the subcommittee has in- poration’s budget from $400 million a year to SEC. . (a) The Regulatory Coordination dicated his support for this measure. I $278 million. By an 18 to 13 straight party- Advisory Committee for the Commodity Fu- line vote on Wednesday, the House Judiciary tures Trading Commission is terminated. thank him and ask that we move on Committee approved a measure pushed by (b) Section 5(h) of the Export Administra- this simple issue expeditiously. Representative George Gekas of Pennsylva- tion Act of 1979 is repealed. AMENDMENT NO. 2822 nia that would carry the demolition further. (c)(1) Section 5002 of title 18, United States (Purpose: To express the sense of the Senate It would break up the corporation and its ex- Code, is repealed. on United States-Canada Cooperation con- pert network of poverty-law specialists and (2) The table of sections for chapter 401 of cerning an outlet to relieve flooding at replace them with a more bureaucratic, frag- title 18, United States Code, is amended by Devils Lake in north Dakota) mented and inefficient system of small block striking out the item relating to the Advi- On page 124, after line 20, insert the follow- grants to fiscally hard-pressed states. Some sory Corrections Council. ing: states have shown little interest historically (d) This section shall take effect 30 days in providing civil legal services that em- after the date of the enactment of this Act. SEC. 6. SENSE OF THE SENATE ON UNITED STATES-CANADIAN COOPERATION power the poor, and may not bother to apply AMENDMENT NO. 2821 CONCERNING AN OUTLET TO RE- for the dwindling amounts of money allot- (Purpose: To extend the authority to admin- LIEVE FLOODING AT DEVILS LAKE ted. In the Senate, meanwhile, a similarly ister au pair programs through fiscal year IN NORTH DAKOTA. unworthy dismantling scheme proposed by 1999) (a) FINDINGS.—The Senate finds that— Senator Phil Gramm of Texas has passed the (1) flooding in Devils Lake Basin, North Appropriations Committee and is due to hit At the appropriate place in the bill, insert Dakota, has resulted in water levels in the the Senate floor perhaps as early as today. It the following new section: lake reaching their highest point in 120 would cut funding even more, to $210 million, SEC. . EXTENSION OF AU PAIR PROGRAMS. years; and funnel it through block grants. Section 8 of the Eisenhower Exchange Fel- (2) basements are flooded and the town of The program’s critics complain that the lowship Act of 1990 is amended in the last Devils Lake is threatened with lake water corporation uses the courts to push ‘‘a lib- sentence by striking ‘‘fiscal year 1995’’ and reaching the limits of the protective dikes of eral agenda.’’ But, clearly, what is driving inserting ‘‘fiscal year 1999’’. the lake; the attack is their own ideological opposi- Mr. HELMS. Mr. President, the (3) the Army Corps of Engineers and the tion to what poverty lawyers do, which is to amendment at the desk extends the life Bureau of Reclamation are now studying the protect the legal rights of the poor. This of a program that is essential to thou- feasibility of constructing an outlet from mostly entails handling mundane eviction, Devils Lake Basin; divorce and installment credit cases. Only on sands of American working parents. It (4) an outlet from Devils Lake Basin will rare occasions do legal services lawyers extends the operations of the United allow the transfer of water from Devils Lake bring the class action lawsuits that so offend States Information Agency’s Au Pair Basin to the Red River of the North water- the powerful enemies of the program, but program for another 4 years, through shed that the United States shares with Can- which serve a valuable function in holding the end of fiscal year 1999. ada; and government agencies accountable. Mr. President, the Au Pair program (5) the Treaty Relating to the Boundary At a moving news conference, leaders of provides families with two working Waters and Questions Arising Along the Boundary Between the United States and the bar were joined by religious leaders and parents a perfect alternative to day Legal Services clients in calling for the pres- Canada, signed at Washington on January 11, entation of the Legal Services Corporation. care. It allows these families to invite 1909 (36 Stat. 2448; TS 548) (commonly known The group included two victims of domestic young people from other countries into as the ‘‘Boundary Water Treaty of 1909’’), violence, whose lives were dramatically their homes, for a year at a time, to provides that ‘‘waters flowing across the transformed for the better by virtue of hav- live and work. The families and the au boundary shall not be polluted on either side ing the sort of access to the justice system pairs, thus, live together while each to the injury of health or property on the that Republicans seem determined to fore- teaches the other about their respec- other.’’ (36 Stat. 2450). close. tive cultures; in return, the family’s (b) SENSE OF THE SENATE.—It is the sense Senator Alfonse D’Amato of New York, of the Senate that the United States Govern- and other Republicans whose poor constitu- children receive exceptional care and ment should seek to establish a joint United ents stand to be badly hurt by the latest as- the young au pairs experience a year in States-Canadian technical committee to re- sault on legal services, should fight for the United States while living with an view the Devils Lake Basin outlet project to amendments to the pending Senate bill that American family. consider options for an outlet that would S 14540 CONGRESSIONAL RECORD — SENATE September 28, 1995 meet Canadian concerns with regard to the of the Office of Cuba Broadcasting shall be Department of State which, he and I Boundary Water Treaty of 1909. relocated from Washington, D.C. to South agree, will help balance the Federal Florida, and that any funds available to the budget. AMENDMENT NO. 2823 United States Information Agency may be AMENDMENT NO. 2828 On page 75 of the bill, line 7, after ‘‘grants’’ available to carry out this relocation.’’ (Purpose: To make available for diplomatic insert the following: : ‘‘Provided further, That and consular programs funds collected of the amounts provided in this paragraph AMENDMENT NO. 2826 from new fees charged for the expedited $76,300,000 is for the Manufacturing Exten- At the appropriate place, insert the follow- processing of certain visas and border sion Partnership program’’. ing new section: crossing cards) MANUFACTURING EXTENSION PROGRAM ‘‘SEC. . Sections 6(a) and 6(b) of Public Law 101–454 are repealed. In addition, not- On page 93, line 7, after ‘‘Provided,’’ insert Mr. HOLLINGS. Mr. President, I withstanding any other provision of law, Ei- the following: ‘‘That, notwithstanding the want to commend the chairman of the senhower Exchange Fellowship, Incor- second sentence of section 140(a)(3) of the Appropriations Committee for includ- porated, may use any earned but unused Foreign Relations Authorization Act, Fiscal ing in his amendment an additional $25 trust income from the period 1992 through Years 1994 and 1995 (Public Law 103–236), not million for the Industrial Technology 1995 for Fellowship purposes.’’ to exceed $125,000,000 of fees may be collected Services account at the National Insti- during fiscal year 1996 under the authority of tute of Standards and Technology AMENDMENT NO. 2827 section 140(a)(1) of that Act: Provided further, On page 110, between lines 2 and 3, insert That all fees collected under the preceding [NIST]. That funding is for the Manu- proviso shall be deposited in fiscal year 1996 facturing Extension Partnership [MEP] the following new section: SEC. 405. (a) Subject to subsection (b), sec- as an offsetting collection to appropriations program, which supports locally run tion 15(a) of the State Department Basic Au- made under this heading to recover the costs manufacturing extension centers thorities Act of 1956 (22 U.S.C. 2680(a)) and of providing consular services and shall re- around the country. section 701 of the United States Information main available until expended: Provided fur- I would like to enter into a brief con- and Educational Exchange Act of 1948 and ther,’’. versation with the chairman to clarify section 313 of the Foreign Relations Author- MACHINE READABLE VISA FEES that this funding is provided for three ization Act, fiscal years 1994 and 1995 and Mr. HELMS. Mr. President, this purposes. First, $22 million is provided section 53 of the Arms Control and Disar- amendment will permit the Depart- to support new centers that are now mament Act, shall not apply to appropria- ment of State to continue to charge tions made available for the Department of and collect a fee for the issuance of close to be chosen, under an ongoing State in this Act. centers competition. The amendment (b) The waiver of subsection (a) shall cease machine readable visas in specific restores funding that had been pro- to apply December 1, 1995. countries around the world through fis- vided in the fiscal year 1995 Appropria- cal year 1996. The Department may col- WAIVER OF AUTHORIZATION lect up to $125 million worth of fees tions Act for new centers but which the Mr. HELMS. Mr. President, the pend- present bill would shift to other pur- this year alone. ing amendment authorizes the Senate It also authorizes the Department of poses. This amendment therefore over- and House committees on appropria- rides the committee report language State to use the moneys collected to tions to waive the requirement in sec- offset the costs of diplomatic and con- which says that no funds can be used to tion 15 of the State Department Basic open a new center during the coming sular activities overseas. Authorities Act that appropriations In the fiscal year 1994–95 State De- year. must first be authorized. This waiver Second, $3 million is provided for fis- partment authorization bill—Public applies through December 1, 1995. cal year 1996 support services for the Law 103–236—the Committee on For- As chairman of the Senate Foreign eign Relations authorized the Depart- existing 42 manufacturing extension Relations Committee which has the re- centers. These are services such as ma- ment to charge and collect these fees sponsibility of authorizing the activi- up to a total of $107 million. The De- terials for training extension agents, ties of the Department of State and its provided to centers through MEP’s Na- partment almost met that ceiling this related agencies, I am reluctant to past year and expects to exceed that tional Programs account. This $3 mil- agree to this waiver. However, because lion is in addition to funds which the amount this fiscal year in as much as the administration and certain Mem- this relatively new program is now bill already provides for fiscal year 1996 bers of this Senate have refused to support of the existing 42 centers, in- being implemented in more countries allow a vote on the committee’s au- and, is thereby, made available to more cluding the eligible centers originally thorization bill—S. 908, the Foreign Re- supported by the Defense Department’s people. Therefore, the Department is lations Revitalization Act of 1995—and authorized to collect approximately $18 Technology Reinvestment Project. since Senate consideration of S. 908 bill Third, with this amendment the million more in fees this year. is still pending, I have agreed to allow amount of new appropriations for the Mr. President, this amendment does the State Department’s funding to go MEP program now totals $76.3 million, not cost the American taxpayer a forward without authorization through and the amount of prior year appro- penny. It is, in fact, a tool for sound the first of December. fiscal management the Department priations and new appropriations for This window will allow adequate meeting prior Advanced Technology will be able to utilize this year, espe- time for the President and his rep- cially in light of budget cuts affecting Program [ATP] commitments totals resentatives to advise their friends in $109,138,000. The ATP is intended to re- the Department of State. the Senate that no further efforts on I understand the able chairman of ceive $83,838,000 in prior year appro- their part should be made to forbid a priations and $25.3 million in new ap- the subcommittee agrees with this vote on the authorizing legislation S. measure and I thank him for his sup- propriations. I would like to ask the 908. chairman if this three-part interpreta- port. Mr. President, I reiterate now what I Mr. GRAMM. Mr. President, these tion of the MEP portion of his amend- have asserted on numerous occasions ment is correct. amendments have all been cleared on since the Democrats’ filibuster against both sides. Mr. HATFIELD. The Senator is cor- S. 908 began; the Senate Foreign Rela- rect. I ask unanimous consent that they be tions Committee will resume consider- agreed to en bloc, and that statements Mr. HOLLINGS. I thank the Chair- ation of and action upon all nomina- man. accompanying the amendments be tions, treaties, and legislation pending printed in the RECORD as if read. AMENDMENT NO. 2824 before the committee once the admin- The PRESIDING OFFICER. Without Table the Committee amendment on page istration urges Senate Democrats to objection, it is so ordered. 79, lines 1 through 6. vote on our legislation. The amendments (Nos. 2820 through On page 79, line 22, delete ‘‘$42,000,000’’ and insert ‘‘$37,000,000’’. I thank the distinguished chairman 2828) were agreed to. of the subcommittee for his coopera- Mr. FORD. Mr. President, on advice AMENDMENT NO. 2825 tion on this issue. I thank him also for from Senator HOLLINGS, who is unable On page 115, line 2 after ‘‘equipment’’ in- his continued support of our efforts to to be here at the moment, I understand sert the following ‘‘: Provided further, That consolidate three anachronistic Fed- that these are acceptable to him on not later than April 1, 1996, the headquarters eral foreign affairs agencies into the this side. September 28, 1995 CONGRESSIONAL RECORD — SENATE S 14541 AMENDMENT NO. 2819 that in supporting that funding, they POSSIBLE AMENDMENT TO H.R. 2076, AS REPORTED, Mr. GRAMM. Mr. President, while we are supporting cuts in our criminal ac- OFFERED BY MR. DOMENICI OF NEW MEXICO—Continued await our instructions on closing out tivities, our civil rights activities in [Dollars in thousands] business of the day, I would like to just the Justice Department, our Environ- Budget very briefly, though we are going to mental Division within the Justice De- authority Outlays speak tomorrow at some length about partment. They are denying funding the Domenici amendment, say that I for the FBI Academy and in the process Office of the Inspector General: On page 96, line 8, strike ‘‘27,350,000’’ think it is important tonight to at cutting funds for courts. and insert ‘‘$24,350,000’’ ...... (3,000 (2,490) least to begin to call our colleagues’ So what we are talking about is basi- Legal Services Corporation: On page 124, after line 10, insert the fol- attention to the fact that the Domenici cally cutting funding for prosecutors, lowing: ...... 215,000 189,200 amendment is not simply an amend- for the Justice Department to work in 125,000 9,166 Working Capital Fund: ment to reestablish the Federal Legal areas that are critically important. We On page 161, line 7, strike ‘‘$35,000,000’’ Services Corporation. We can debate are cutting funding in courts when we and insert ‘‘$55,000,000’’ ...... (20,000) (20,000) Commerce Transition Fund ...... (5,000) (5,000) the merits of that and the demerits. I desperately need more prosecutors and believe the demerits outweigh the mer- more courts. I hope my colleagues will f its. But the Domenici amendment has look at these offsets. a profound impact on the rest of this Governing is about choices, and the MORNING BUSINESS bill because it cuts other programs. choices we look at on this bill are, ba- Mr. GRAMM. Mr. President, I ask I simply want to leave with my col- sically, do we want to fund courts and unanimous consent that there now be a leagues tonight a very brief outline of U.S. attorneys to prosecute violent period for the transaction of morning what the Domenici amendment does in criminals and drug felons or do we business with Senators permitted to order to fund this expansion in legal want to fund the Legal Services Cor- speak for up to 5 minutes each. services. poration? To me that is a very easy The PRESIDING OFFICER. Without It cuts $25 million from our efforts in choice. I wish to be sure that my col- objection, it is so ordered. the Justice Department related to the leagues understand it, and I thank the f Criminal Division, to the Civil Rights Senate for in the closing moments of Division, to the Environmental Divi- this legislative day giving me the op- OKLAHOMA’S MISS AMERICA sion. It cuts funding for the U.S. attor- portunity to make it clear to people Mr. NICKLES. Mr. President, It is neys office by $11 million. That is what we are talking about. with great pleasure and pride that I money that would have gone to fund Mr. President, I suggest the absence congratulate Miss Shawntel Smith, U.S. attorneys to prosecute drug felons of a quorum. who was crowned Miss America 1996 re- and gun felons. It cuts $40 million from The PRESIDING OFFICER. The cently in Atlantic City on her 24th the FBI budget, funds that would be clerk will call the roll. birthday. used to build the new FBI academy, to The bill clerk proceeded to call the Shawntel is the fourth Oklahoman to build infrastructure, which the FBI roll. be named Miss America in the pag- Mr. GRAMM. Mr. President, I ask greatly needs. eant’s 75 years. She joins three other unanimous consent that the order for It cuts the Bureau of the Census both Oklahomans who have won that honor: the quorum call be rescinded. economic and statistical analysis and Norma Smallwood in 1926, Jane Jayroe The PRESIDING OFFICER. Without the census itself in a period when we in 1967 and Susan Powell in 1981. objection, it is so ordered. are getting ready to have the 2000 cen- Mr. GRAMM. Mr. President, I send a Shawntel is a native of Muldrow, sus, the millennium census. It cuts list of the Domenici offsets to the desk, Oklahoma, a town of about 3,200 resi- funding for the court of appeals, for and I ask unanimous consent that they dents who are by all accounts very district courts, and for other courts by proud and supportive of this young be printed in the RECORD. $25 million. Every day we have people There being no objection, the mate- lady. When she was crowned Miss Okla- waiting to be tried in civil cases and rial was ordered to be printed in the homa earlier this year, the town erect- criminal cases, and we are cutting RECORD, as follows: ed road signs along the Eastern Okla- funding for our courts to fund legal homa roads leading into Muldrow. services. POSSIBLE AMENDMENT TO H.R. 2076, AS REPORTED, It seems, now, however, those signs Funding is cut by $21 million for the OFFERED BY MR. DOMENICI OF NEW MEXICO are a little outdated. reorganization/transition fund in the [Dollars in thousands] During the next year, Shawntel will State Department. That is a major Re- represent Oklahoma and all of America Budget as she travels to special events and publican initiative in an authorization authority Outlays bill for which the majority of Senators speaking engagements as Miss Amer- Office of Inspector General: ica. have voted in the affirmative. The bill On page 4, line 15, strike ‘‘$30,484,000’’ cuts funding for the commerce transi- and insert ‘‘$27,436,000’’ ...... (3,048) (2,896) Her platform is to raise awareness for General Legal Activities: the need to prepare students for the job tion fund. The budget adopted by the On page 5, line 11, strike ‘‘$431,660,000’’ Senate called for the elimination of the and insert ‘‘$406,529,000’’ ...... (25,131) (21,864) market. Shawntel believes that ‘‘by ex- U.S. Attorneys: posing students to potential careers Commerce Department. This elimi- On page 7, line 15, strike ‘‘$920,537,000’’ nates transition funds that would be and insert ‘‘$909,463,000’’ ...... (11,074) (9,745) and making them aware of the edu- FBI construction: required. On page 16, line 9, strike ‘‘$147,800,000; cation needed, students can make their Finally and stunningly, the distin- and insert ‘‘$98,800,000’’ ...... (49,000 (4,900) dreams become realities.’’ And Civil legal assistance: guished Senator from New Mexico has On page 26, strike lines 18 and all that Shawntel obviously knows a little a budget gimmick in the funding mech- follows through line 20 ...... (210,000) (52,500) something about making dreams be- Grants to States: anism which has a delayed obligation Beginning on page 52, strike line 9 and all come realities. of $115 million which becomes effective that follows through page 64, line 22 ... (3,300) (3,300) Education has been an important International Trade Commission: only on September 1, 1996, so that we On page 65, line 22, strike ‘‘$34,000,000; part of Shawntel’s own life. Through are in fact committing ourselves to a and insert ‘‘$29,750,000’’ ...... (4,250) (3,825) competition in pageants she has been Economic and Statistical Analysis: level of funding which is substantially On page 70, line 22, strike ‘‘$57,220,000’’ able to earn enough in scholarship higher than the funding level which is and insert ‘‘$46,896,000’’ ...... (10,324) (8,868) money to put herself through North- Bureau of the Census, S&E: claimed in this amendment. On page 71, line 16, strike eastern Oklahoma State University, No one needs to give me a lecture on ‘‘$144,812,000,’’ and insert where she is now working as a market- ‘‘$133,812,000’’ ...... (11,000 (8,140) the power of the special interest groups Office of the Inspector General: ing director. Shawntel’s winnings from that support the Legal Services Cor- On page 79, line 17, strike ‘‘$21,849,000’’ the Miss Oklahoma and Miss America and insert ‘‘$19,849,000’’ ...... (2,000) (1,902) poration. I understand that perfectly, Court of Appeals, District Courts, & Other: pageants will allow her to continue her On page 87, line 6, strike education. Her goal is to obtain a mas- and I understand that the majority of ‘‘$2,471,195,000’’ and insert the Members of the Senate support ‘‘$2,446,194,665’’ ...... (25,000) (23,025) ter’s degree in business administration Foreign Affairs Reorganization Transition Fund: funding for the Legal Services Corpora- On page 95, line 15, strike ‘‘$26,000,000’’ from Oklahoma City University, and I tion. But I want my colleagues to know and insert ‘‘$5,000,000’’ ...... (21,000) (21,000) have no doubt she will.