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

Vol. 141 WASHINGTON, FRIDAY, DECEMBER 15, 1995 No. 200 Senate

The Senate met at 9:30 a.m. and was ing exceptions: Senator NUNN for 25 served now for over 30 years. TOM BE- called to order by the President pro minutes, Senator COATS for 45 minutes, VILL has served longer in the U.S. tempore [Mr. THURMOND]. and Senator GRAHAM for 20 minutes. House of Representatives than any Following morning business, the ma- other Member of Congress from Ala- PRAYER jority leader stated that it would be his bama. Today, TOM is the House’s 11th The Chaplain, Dr. Lloyd John intention for the Senate to consider most senior Member and one of its Ogilvie, offered the following prayer: any of the following items that are most effective legislators. Almighty God, nothing is impossible available: The House message to ac- He has worked closely on several is- for You. You have all power. Nothing company H.R. 1868, the foreign oper- sues of particular importance to our happens without Your knowledge and ations appropriations bill, the District State. He certainly has played an im- Your permission. You will what is best of Columbia appropriations conference portant role in the growth and the de- for us as individuals and as a nation. report, and the continuing resolution. velopment of the University of Ala- You desire to bless us with the wisdom Senators should therefore be aware bama at Birmingham. Because of his and discernment we need to solve our that rollcall votes are possible leadership and efforts, UAB, as it is problems. And yet, we have learned throughout today’s session of the Sen- known, is today home to one of the that if we wait for You and ask for ate. very best medical schools in the Nation Your help, You provide. By Your provi- Mr. President, I suggest the absence and has some of its premier health care dence You have placed the Senators in of a quorum. facilities and is on the vanguard of positions of great authority not be- The PRESIDENT pro tempore. The medical research. TOM BEVILL was chairman of the Sub- cause of their human adequacy but be- clerk will call the roll. committee on Energy and Water Devel- cause they are willing to be available The assistant legislative clerk pro- opment of the House Appropriations to You, attentive to You, and account- ceeded to call the roll. Mr. HEFLIN. Mr. President, I ask Committee from 1977 until this year able to You. Together, with one mind when the Republicans took control of and heart, we intercede for the negotia- unanimous consent that the order for the quorum call be rescinded. that Chamber. tions on the budget. We know that if His leadership extended beyond the The PRESIDING OFFICER (Mr. we trust You, You will be on time and confines of his own district. For exam- CAMPBELL). Without objection, it is so in time to help us in the crucial hours ple, Mobile, a port city located some ordered. of this day before the midnight hour of distance from his district in north Ala- crisis. Give all those involved in the f bama, has been greatly enhanced by negotiation today humility to put the several waterways projects resulting need of the Nation first above political TRIBUTE TO CONGRESSMAN TOM BEVILL from his stewardship. advantages. You have promised that if Every area in the State of Alabama we pray with complete trust in You, Mr. HEFLIN. Mr. President, the has benefited from his seniority and You will intervene to answer our pray- House of Representatives will be losing position in Congress. Some have even ers. In the name of our Lord. Amen. one of its true giants when Alabama called him Alabama’s third Senator, f Congressman TOM BEVILL retires at the and, I will say, that the Nation, as a end of this Congress. His tremendous whole, certainly has benefited. No one RECOGNITION OF THE ACTING leadership, particularly in the areas of has been in the forefront more pertain- MAJORITY LEADER waterway development, energy policy, ing to waterway development. And wa- The PRESIDENT pro tempore. The and medical research will be virtually terway development is extremely im- able Senator from Colorado is recog- impossible to replace. I was highly dis- portant. He has had some battles with nized. appointed at his decision, for he is a Presidents relative to waterway devel- f tried and true leader for our Nation. opment. I might say that he came out His retirement will be a huge loss for victorious in these battles. SCHEDULE the country and for Alabama. He is a native of a small Walker Mr. CAMPBELL. Mr. President, TOM and I attended law school to- County mining community in Alabama today there will be a period for morn- gether at the University of Alabama by the name of Townley. TOM BEVILL ing business until the hour of 11 a.m. and remained close friends over the has spent part of his childhood building with Senators permitted to speak for years. He is the dean of the Alabama small dams. He is a lifelong Democrat, up to 5 minutes each, with the follow- congressional delegation, having and a fundamental reason for his party

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

S 18673 S 18674 CONGRESSIONAL RECORD — SENATE December 15, 1995 affiliation is the suffering and the pov- Mr. President, it is this type of atti- the game that he plans to guide the erty he saw during the Great Depres- tude that sets the Lions apart as true UNA Lions to a fourth straight cham- sion. champions. These young men and their pionship next season. That is the spirit He has said that his philosophy of outstanding coaches realize that win- of a true champion. For now, however, Government was formed during the De- ning isn’t the true mark of a good I join my voice with a legion of others pression when he saw his father, a team. Character, determination, dedi- in proudly hailing UNA’s conquering former miner and a storekeeper in cation and hard work all factor into heroes with the resounding cheer: ‘‘Go rural Townley, give food to people who the champion spirit. However, I would Lions.’’ were literally starving. He openly ad- be remiss if I failed to point out the ob- f mired Franklin Delano Roosevelt and vious: In addition the champion spirit, A PROCLAMATION TO THE WORLD what the New Deal did for Alabama UNA most definitely has the talent to and the Tennessee Valley. capture the victory. And it is this as- Mr. HATCH. Mr. President, I rise Beginning in 1958, he served two tounding talent that I would like to today to draw my colleagues’ attention terms in the Alabama State Senate. In note for the record. to a recent proclamation made by 1966, he won his seat to the U.S. House Over 15,000 people attended the sold- President Gordon B. Hinckley on be- and has been there ever since. out game at Braly Stadium and count- half of the First Presidency and Coun- From the start, he earned the admi- less more watched on ESPN. Ken cil of the Twelve Apostles of the ration and the respect of his colleagues Berger of the Associated Press summa- Church of Jesus Christ of Latter-day by not ever allowing policy or political rized the championship game: ‘‘It Saints. disagreements to become personal. He wasn’t even close. North Alabama (14– I believe this proclamation to be es- is known for his fairness in all of his 0) shredded Kansas-based Pittsburg pecially timely during this holiday sea- dealings. He is a gentleman with a State (12–1–1), amassing 380 yards to son. The holidays often afford us the courtly manner that often eases ten- the Gorillas’ 176 and holding a 2-to-1 opportunity to reestablish family bonds. I believe President Hinckley’s sions and invites compromise. He is advantage in possession time.’’ principled and consistent, a man true Ronald McKinnon, senior linebacker, words have relevance for all Americans to his word, his conscience, his con- received the 1995 Harlon Hill Trophy as and will help each of us reaffirm our stituents and his colleagues. the NCAA Division II National Player commitment to the primacy of the TOM BEVILL will be sorely missed of the Year. He is the first defensive family as the basis for strong commu- when the 105th Congress convenes in player in the 10-year history of the nities and to the sanctity of marriage as the foundation for healthy families. January 1997, but I can certainly un- award to finish in the top three, much I hope that the core principles ex- derstand his decision, having made the less win the award. He proved worthy same one earlier this year. pressed within this proclamation will once again in the championship game continue to guide and strengthen us I wish him and his wonderful, gra- with 14 tackles, one for a 5-yard loss cious wife, Lou, all the best as they during this holiday season and into the and a recovered fumble that led to coming year. enter a new phase of their lives. UNA’s second touchdown. f Mr. President, I ask unanimous con- Starting quarterback Cody Gross, sent that the proclamation be printed suffering from a torn hip muscle, still TRIBUTE TO THE UNIVERSITY OF in the RECORD. NORTH ALABAMA FOOTBALL managed to complete eight of 13 passes There being no objection, the procla- TEAM for 102 yards and a touchdown in addi- mation was ordered to be printed in the tion to carrying the ball three times Mr. HEFLIN. Mr. President, in the RECORD, as follows: for four yards. He split the time with bustling North Alabama town of Flor- A PROCLAMATION TO THE WORLD senior back-up quarterback Cale ence, an athletic dynasty reigns, (From the First Presidency and Council of Manley who guided the team in a stun- cloaked in the royal purple and gold the Twelve Apostles of the Church of Jesus ning 76-yard, 12-play drive on UNA’s school colors, producing a champion- Christ of Latter-day Saints) opening possession. Jermaine Roberts ship heir each year since 1993. I come This proclamation was read by President led UNA’s championship game effort Gordon B. Hinckley as part of his message at to the Senate floor today to tell you of with 107 yards on 20 carries, scoring the General Relief Society Meeting held Sep- an amazing group of young people at twice. tember 23, 1995, in Salt Lake City, Utah. an outstanding university in my be- Mike Goens, regional editor at the We, the First Presidency and the Council loved State of Alabama. Florence TimesDaily, described the at- of the Twelve Apostles of The Church of Just days ago, on December 9, the mosphere in the final 3 minutes of the Jesus Christ of Latter-day Saints, solemnly University of North Alabama Lions proclaim that marriage between a man and a game: ‘‘At that moment, an overcast claimed their third consecutive na- woman is ordained of God and that the fam- afternoon turned to dusk. Metaphori- tional championship in Division II ily is central to the Creator’s plan for the cally, the lights began going out for football. This is an achievement un- eternal destiny of His children. Pittsburg State. And the evening sky, All human beings—male and female—are matched in college football history by fittingly, began turning shades of pur- created in the image of God. Each is a be- any team from that division or higher. ple and gold.’’ loved spirit son or daughter of heavenly par- Their victory came at the expense of a The UNA Lions have dominated their ents, and, as such, each has a divine nature worthy opponent, Pittsburg State, with and destiny. Gender is an essential char- field of play as no other college foot- acteristic of individual premortal, mortal, a final score of 27 to 7. ball team has, ever. They have a 3-year I can go on and on- and, mind you, I and eternal identity and purpose. record of 41 wins and 1 loss. That loss will in a moment- about the unbeliev- In the premortal realm, spirit sons and was to the No. 1 ranked Division I–AA daughters knew and worshiped God as their able records that have been set and Youngstown State. The Lions are the Eternal Father and accepted His plan by broken by these champions over the only college football team at any level which His children could obtain a physical past 3 years, but I would first like to to win 40 games in 3 years. UNA’s cur- body and gain earthly experience to progress call attention to a statement made by toward perfection and ultimately realize his rent 23-game winning streak is second the UNA Lions Coach Bobby Wallace. or her divine destiny as an heir of eternal best in the Nation, behind Division I’s In an interview with the Florence life. The divine plan of happiness enables Nebraska with 24. family relationships to be perpetuated be- TimesDaily, Coach Wallace stressed This team is indeed made up of out- that this once-in-a-lifetime oppor- yond the grave. Sacred ordinances and cov- standing young men. Nineteen of the enants available in holy temples make it tunity of three championships in a row fifty-two players who dressed out for possible for individuals to return to the pres- is not what made his team unique: the championship game are seniors. ence of God and for families to be united Don’t get me wrong, I wanted very badly to This senior class closed their collective eternally. win this game. But winning really wasn’t The first commandment that God gave to that important. A win today wasn’t going to careers as the winningest in school and Adam and Eve pertained to their potential make this team special. They were special Gulf South Conference history at 48–5– for parenthood as husband and wife. We de- long before today. All they did today was go 1. clare that God’s commandment for His chil- out and prove they may be the best ever in Coach Wallace, not known as one to dren to multiply and replenish the earth re- Division II. rest on his laurels, told the media after mains in force. We further declare that God December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18675 has commanded that the sacred powers of whole story, the real story. The real continue to rise through the end of the procreation are to be employed only between story is this: The Republican balanced century. This year the volume of stu- man and woman, lawfully wedded as husband budget plan will decrease—let me re- dent loans stands at about $24.5 billion; and wife. peat, decrease—the cost of higher edu- by the year 2000 it will rise above $33 We declare the means by which mortal life is created to be divinely appointed. We af- cation for American families. billion. That is an increase of nearly 50 firm the sanctity of life and of its impor- The compromise worked out between percent. tance in God’s eternal plan. the House and Senate reduced manda- Mr. President, the average student Husband and wife have a solemn respon- tory spending in the student loan pro- loan amount will rise from today’s sibility to love and care for each other and gram by $4.9 billion—a savings of $4.9 $3,646 to $4,300 in the year 2000. So the for their children. ‘‘Children are an heritage billion. We achieve this goal without— balanced budget plan, our balanced of the Lord’’ (Psalms 127:3). Parents have a without—increasing the cost of student budget plan, will help make education sacred duty to rear their children in love and loans for students, for their parents, or more affordable. righteousness, to provide for their physical The bill will also make substantive and spiritual needs, to teach them to love for the colleges. We made these reduc- and serve one another to observe the com- tions by cutting the administrative changes in the law that are both wise mandments of God and to be law-abiding overhead of the Federal bureaucracy and necessary, changes that will make citizens wherever they live. Husbands and and by reducing the Federal spending— the lending system fair and more effi- wives—mothers and fathers—will beheld ac- to banks, secondary markets, guaranty cient. The Republican balanced budget countable before God for the discharge of agencies, and other private lenders who plan will extend to those students who these obligations. administer the guaranteed student are in the guaranteed loan program the The family is ordained of God. Marriage loan program. same benefits enjoyed by those who between man and woman is essential to His Mr. President, none—let me repeat, participate in the direct lending pro- eternal plan. Children are entitled to birth within the bonds of matrimony, and to be none—of these cuts can be passed on to gram. reared by a father and a mother who honor the students, parents, or to their col- Mr. President, today if you are a stu- marital vows with complete fidelity. Happi- leges. dent receiving loans under the direct ness in family life is most likely to be In addition, the Republican balanced lending program, you have a wide vari- achieved when founded upon the teachings of budget plan did not achieve this $4.9 ety of options for repayment. You can the Lord Jesus Christ. Successful marriages billion in savings by cutting the have an extended repayment or in- and families are established and maintained amount of money made available to come-contingent repayment. These and on principles of faith, prayer, repentance, students and their parents for college other repayment options make it easi- forgiveness, respect, love, compassion, work, er for young people to make the transi- and wholesome recreational activities. By education. divine design, fathers are to preside over Mr. President, I think these are two tion from college life to the working their families in love and righteousness and very important points. The Republican world. A young person getting out of are responsible to provide the necessities of balanced budget plan does not ask stu- college may decide to take a job that life and protection for their families. Moth- dents or their parents or colleges to pays little but will give him or her a ers are primarily responsible for the nurture pay more for student loans. The Repub- lot of experience. There is no reason of their children. In these sacred responsibil- lican balanced budget plan does not cut that student should not be allowed to ities, fathers and mothers are obligated to the amount of money made available pay the loan back further in the future help one another as equal partners. Disabil- to students and their parents for a col- when he or she is making more money. ity, death, or other circumstances may ne- cessitate individual adaptation. Extended lege education. The fact is, Mr. Presi- That is flexibility. families should lend support when needed. dent, and the rest of the story really is, Mr. President, you can do that with We warn that individuals who violate cov- balancing the budget as our overall the direct lending program. I believe it enants of chastity, who abuse spouse or off- budget plan would do, would ulti- is only fair that we extend those same spring, or who fail to fulfill family respon- mately decrease the cost of students options to students in the regular guar- sibilities will one day stand accountable be- loans. It only makes sense. anteed loan program. That is what the fore God. Further, we warn that the disinte- If we balance the Federal budget, Republican balanced budget plan will gration of the family will bring upon individ- which will reduce interest rates, the do. uals, communities, and nations the calami- We have just received a few details ties foretold by ancient and modern proph- cost of borrowing by students and their ets. families will fall. For example, a stu- on what the President’s proposal would We call upon responsible citizens and offi- dent that borrowed $11,000 at an inter- do. It is clear that the President’s plan cers of government everywhere to promote est rate of 8 percent will repay $18,578 would take away from the benefits that those measures designed to maintain and over the life of the loan. By balancing students would receive under the Re- strengthen the family as the fundamental the budget in 7 years and by reducing publican balanced budget plan. The unit of society. interest rates by 2 percent that same President’s proposal, the Clinton pro- Mr. President, I suggest the absence student repayment amount will be low- posal, would eliminate the expansion of of a quorum. ered—lowered—by $2,167, resulting in a repayment options to students in the The PRESIDING OFFICER (Mr. lower yearly payment of $216. That is guaranteed loan program. Under that KEMPTHORNE). The clerk will call the real money. plan, only students in the Federal di- roll. Mr. President, it is clear these policy rect lending program—only in the di- The legislative clerk proceeded to changes will not make it more difficult rect lending program—would have call the roll. for families to pay for their children’s flexible repayment options. That is an Mr. DEWINE. Mr. President, I ask education. Just the contrary. What our endorsement, I believe, of the status unanimous consent that the order for changes will do will be to make it easi- quo, which really is unfair. the quorum call be rescinded. er for families. Mr. President, that is some of what The PRESIDING OFFICER. Without In addition, our Republican balanced the President proposes. We are waiting, objection, it is so ordered. budget plan will provide students with as I speak this morning, for more de- f a tax deduction on a portion of the in- tails. The more we learn, the clearer it terest they pay on student loans. If you becomes that the Republican budget STUDENT LOANS average it out, Mr. President, the aver- plan in regard to student loans is bet- Mr. DEWINE. Mr. President, I rise age borrower will save $8 a month—$8 a ter for students, is better for their par- today to discuss what the Republican month. ents, is better for the colleges. The Re- balanced budget bill, the bill that The number of student loans is publican balanced budget plan provides President Clinton vetoed with such scheduled to increase as well. Let me a tax deduction for interest on student fanfare last week, would accomplish in repeat that: The number of student loans, the first time since 1986. It pro- a very important area; that is, the area loans under our plan is going to in- vides flexible repayment options for all of student loans. crease. In 1996, it will be higher than students. Most importantly, it cuts the Mr. President, a great deal of atten- ever before with over 7.1 million stu- deficit without making a college edu- tion has been paid to this issue. I do dent loans. The Congressional Budget cation less affordable for students, par- not think most people have heard the Office projects that student loans will ents, and colleges. S 18676 CONGRESSIONAL RECORD — SENATE December 15, 1995 In summary, Mr. President, the Re- And, unfortunately, there is a tremen- ter interests of the students and col- publican balanced budget plan con- dous amount of disinformation being leges and actually provide the savings stitutes a major step forward for the spread by the administration that they claim. young people in this country. I believe somehow students and parents are Initially, the savings claimed started strongly that these student loan provi- going to be adversely affected by these out somewhere close to $12-plus billion. sions ought to be incorporated in what- drastic cuts in education; that students That was revised to $6 billion. Then we ever final budget compromise is will not be able to secure loans to pay finally got an estimate back from the reached between the President and the for their future education. Congressional Budget Office saying Congress. Students, parents, or col- Demonstrations have been held dur- that, no, it not only would not save leges should not be made to pay more ing hearings. The hearing room is money for the Government, it would for a college education. The Republican packed with students coming down. As actually cost money because of a num- balanced budget plan did not make stu- we point out the facts to these stu- ber of factors including administrative dents, parents, or colleges pay more. dents, they are almost in disbelief, be- costs at the Department of Education. The President’s plan should not either. cause they have been told that the Re- A point we are trying to deal with I see also on the floor my colleague publican balanced budget plan is going here is that if we were to adopt and ac- from Indiana who has played such a to drastically reduce their ability to cept the President’s proposals to con- major role and has really taken the secure student loans and drastically in- tinually raise the cap and eventually lead in shaping this very responsible crease the repayment obligations on get, I think, to a program that only ad- plan that we have put forward. It is a those loans. ministered student loans through the plan I know he is proud of and I am The fact of the matter is, not 1 cent direct lending program, we are likely proud of, as well. I yield the floor. of additional cost is being imposed on to see the termination of the compet- The PRESIDING OFFICER. Under students. Mr. President, 70 percent of ing program, the guaranteed loan pro- the previous order, the Senator from the $4.9 billion are costs that are im- gram, because these agencies cannot Indiana, Mr. COATS, is recognized for posed on the banks and guaranty agen- continue to absorb increased adminis- up to 45 minutes. cies and secondary markets who par- trative costs while their market for f ticipate in administering these loans: distributing loans continues to shrink, STUDENT LOANS Taking the applications, determining as more shift over into the direct loan who is eligible, providing the money, program. So the conferees thought that Mr. COATS. Mr. President, I will not doing the repayment collection and so what we ought to do is double the cur- take nearly that much time. I thank forth. Those are the agencies that will rent size of the direct lending program my colleague and friend from Ohio, take a second, additional, substantial from 5 to 10 percent, put a cap on that Senator DEWine, for his support increase in the amount of expenditures 10 percent, test it as a demonstration throughout this effort. I will take a that they will have to absorb without program to see how we could admin- portion of that allotted time to explain passing any of that on to the students ister it efficiently and effectively to what we are about and why we feel it is or the parents who take out the loans. so important, at this particular time, see whether or not it lived up to the The 1993 Budget Act imposed a very claims that were made for it, and then to define the future for those students substantial cost, several billion dollars and parents who are anxiously wonder- make a final decision on what the best of additional costs on these banks and way to offer student loans to students ing about what their opportunities will agencies, and now we are adding an ad- be to secure guaranteed loans for col- would be. ditional $4.9 billion. All of the rhetoric The Clinton plan began by removing lege expenses and university expenses coming out of the Department of Edu- any participation target for direct in the future. cation and coming out of the adminis- As many who have followed this issue lending, effectively allowing, as I said, tration speaks to the opposite of what know, after weeks of negotiations, the direct lending to go to 100 percent, as Senate and House reconciled the dif- is happening. Because the balanced the administration has been pushing as ferences between their two pieces of budget package actually affords stu- recently as 5 months ago in legislation legislation regarding student loans, dents not only the ability to retain that it sent to the Congress. At the and came up with a savings figure of their existing benefits in the same same time, the administration was im- $4.9 billion. We had to do so because, in form that they currently exist, but cre- posing virtually all of the subsidy re- an effort to balance the budget, which ates new benefits by ensuring that the ductions on the guaranteed loan pro- is a noble effort which will hopefully two student loan programs, the guar- gram, the other program, added to, as come to a conclusion here in this next anteed loan program and the direct I said, increases in costs that were im- week, each committee was directed to lending program, will offer the same posed in 1993. Taken together, these achieve a certain amount of savings. benefits to students. For example, subsidy reductions along with the The Labor and Human Resources until now, students receiving loans open-ended level of the direct loan pro- Committee has a very limited impact through the direct lending program gram, in my opinion and in the opin- in terms of the savings that it can con- were given the option of an income- ions of many, would have effectively tribute to this balanced budget effort contingent repayment. That is, their ended the guaranteed loan program and and, in fact, had very little other repayments were based on their ability effectively denied and taken away the choice other than to look at student to repay—income-contingent. Under choice for the vast majority of the Na- loans. We were faced with somewhat of the package that is now presented to tion’s schools and students. a dilemma. We know college costs are us, this same option will be extended to Again, let me state the facts. Even rising and tuition costs are rising. We students in the guaranteed loan pro- though we are putting together a plan know cutting back on the amount of gram as well as the direct lending pro- to balance the budget in 7 years, the loans available, or the repayment obli- gram. decision was made that we will not gations of those loans, puts a serious Furthermore, students, their fami- achieve savings by imposing on stu- crimp on families and students alike. lies, and colleges were protected from a dents or their parents or the schools or So, what we were able to do is come up precipitous move to an unproven pro- universities any additional costs. That with our recommended savings, $4.9 bil- gram by capping the direct lending pro- ought to be good news for every col- lion, without decreasing, without lim- gram at 10 percent of total loan vol- lege, every university, and every stu- iting, without imposing any new costs ume. The administration has opposed dent and young person in this country. on students, on their families or on the this cap because the President and De- Despite that, we continue to hear and schools. Not one student or one parent partment of Education have been com- read the rhetoric coming out of the ad- will pay 1 cent more for a student loan mitted for some time to a very dra- ministration that we are denying op- under the Republican reconciliation matic extension, an expansion of this portunities to students and imposing package, the balanced budget package, program, the direct lending program, higher costs on them. That is simply than they pay today. and were not willing to take some time not true. This debate has gone on for more and set aside a demonstration to see Make no mistake, there is a real than a year, but particularly this year. whether or not it would be in the bet- higher education debate going on. But December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18677 the debate is not whether we will pro- tration to begin to administer an en- nett, Cavazos, Alexander, and vide loan assistance to students going tirely new program at the Department Hufstedler, President Carter’s first to school. The debate is how we will of Education. Secretary of Education, wrote a letter provide that assistance. It is not a de- In my opinion, and on the basis of my to Senator DOLE opposing direct loans bate about student cuts or school fees, analysis of Government programs and on the grounds that the Department of it is a debate about where the funds for the thousands of requests, complaints, Education simply cannot manage this loans will originate and who will han- and inquiries that come into my Sen- program. dle that, administer the loans once ate office here in Washington, or my I have put on this chart—it may be they are made. The difference really Senate or regional offices in Indiana, difficult to see—a copy of this letter to comes down to whether or not you be- complaints about the ineptness, the Senator DOLE from the three former lieve that a Government-run program mismanagement, the bureaucracy, and Secretaries of Education, Lamar Alex- will be more cost efficient and more ef- the delays of administering Federal ander, Lauro Cavazos and William Ben- fective than a private sector-run pro- programs, I simply cannot endorse a nett, and I will read only a portion of gram. That point was made very well program that would add yet another it. in the Washington Post op-ed article 2 function to the Federal Government. The effort to rapidly federalize the admin- weeks ago. I believe that quality of service istration of the massive student loan pro- Two economists at the CRS, Dennis would seriously decline. I believe that gram is ill-conceived and presents substan- the default rate would skyrocket. I tial risk to the financial lifeline for millions Zimmerman and Barbara Miles, wrote of this Nation’s college students and fami- an article explaining that the debate think that making a Federal agency lies. between the direct lending and the the responsible agent to ensure that They further wrote that at a time guaranteed loan program is fundamen- the loans are repaid is not going to when the Clinton administration has tally a debate over political philosophy begin to give us the accountability advocated public-private partnerships and not a debate over economics. I that we achieve through the private and deregulation to improve American have a quote from what they wrote on sector. competitiveness, the nationalization of this chart: One of my greatest concerns is pro- the student loan program directly con- There are no inherent cost advantages in gram management. The direct lending flicts with those objectives. direct lending as opposed to guaranteed lend- program will centralize control at the Such strong bipartisan opposition to ing. Regardless of how the loans are made, Department of Education. The new direct lending clearly sends a signal rules of the program dictate that the same Federal bureaucracy needed to oversee number of loans will be made to the same that we need to at the most test this direct lending is already growing and program before allowing it unrestricted students for the same purposes, and with the having predictable results. We started same interest rates and repayment terms. and unfettered growth, as the Presi- The idea that direct lending would somehow with a 5-percent test, and already we dent proposed in his balanced budget produce multibillion-dollar savings was at- are considerably more than that. Some plan. tributable to . . . [and I think they gener- of the results are in. The report that the conference be- ously said] misunderstanding. The Department has had to hire 400 tween the House and the Senate gave The choice between the two boils down to new people to administer the program back to us said they believed it was ap- political philosophy, not economics. and has plans to hire some 700 more by propriate to cap this program at a 10- It is important to keep in mind that the time the program is fully oper- percent rate—10 percent of the total these economists at the Congressional ational. loan volume—and test it to see wheth- Research Service are not individuals Yet, a recent issue of Forbes maga- er or not our concerns were real con- who work for the Republican Party, zine reported that the Department is cerns. nor are they individuals who have some already having problems managing the I believe that a 10-percent cap would hidden agenda, who have some connec- $700 million that it disbursed in 1994 allow for a reasonable demonstration tion to the banks or the guaranty through direct loans. In the first year to occur. We can then take the results agencies. They are simply economists of that program, when the Department and make further decisions as to what who work for the Congressional Re- was only responsible for 5 percent of we ought to do. search Service and provide us with ob- total loan volume, they somehow lost We ought to heed the words of those jective, nonpartisan analyses of the track of almost 15 percent of the loans former Secretaries of Education from programs that Congress develops. disbursed. both parties who caution that rapid As many know, I have been a vocal The program mismanagement be- federalization of student loans as cur- opponent of the direct lending program comes an even greater concern with rently being undertaken by the admin- since its inception. To put it simply, I the possibility that direct lending istration presents substantial risk to simply do not believe that the Federal could become the only student loan the financial lifeline for millions of Government is able to better manage a program. this Nation’s college students and fam- program than the private sector at a As I mentioned earlier, despite their ilies. time when we are looking to privatize newfound love for program choice, the I urge my colleagues to save student many Government services because we President and the Department of Edu- loans and to support the balanced are discovering—whether it is in small cation have made it very clear that budget provision which was supported town America, whether it is in our they want ultimately to end up with by the Senate. States, or whether it is at the Federal 100 percent direct lending. And, in this We are entering now into a period of level—that the private sector does the environment, the Department of Edu- time over the next several days when job more efficiently and cost effec- cation would then become the third some very fundamental decisions will tively than Government. At a time largest bank in the country requiring a have to be made in terms of getting to when we are attempting to privatize vast new Government bureaucracy to a balanced budget in a 7-year period of and find the savings in Government, handle details like customer assistance time with honest numbers, without along comes the administration saying, and loan checks. fudging the numbers or cooking the ‘‘Let us create a brand new program to This is the same Department that, books or making false assumptions. be administered by a Government after 16 years of operation and $342 bil- We owe it to the future of this coun- agency, Government bureaucracy, and lion of taxpayer money, has failed to try, we owe it to our children and let us take away a function that is improve the quality of education in grandchildren, and we owe it to those being performed by the private sector this country. Do we want this institu- young people who ought to have the and transfer it to Government.’’ tion to have a monopoly on student kind of opportunities that we have en- I think anybody who has studied, or loans? joyed. looked at, or even instinctively under- Concern over this program manage- This is just one piece of the puzzle. It stands that Government programs do ment and whether this is a proper ex- is an important piece. It is a $4.9 bil- not operate as efficiently or effectively pansion of Federal Government is lion piece. But it could result in a pro- as the private sector, has to seriously shared by four former Secretaries of gram which, if left unfettered, left un- question the decision of the adminis- Education. Former Secretaries Ben- capped and not tested first, could begin S 18678 CONGRESSIONAL RECORD — SENATE December 15, 1995 to push us down that road which we REV. RICHARD HALVERSON I certainly join at this juncture with have been traveling for the last several Mr. EXON. Mr. President, passage of my friend from Nebraska and thank decades of open-ended programs with a wonderful, gifted and true Christian him for his poignant and very appro- entitlements to individuals and no gentleman, former Senate Chaplain priate observation about this dear ability of Congress to check it. Richard Halverson, has left another brother who meant so much to this We have a program now that works. void in our society and great sadness to body and the entire Senate family. We have substantially improved that this friend of his. My wonderful wife, f program in the private sector. We have Pat and I always felt Dick Halverson imposed costs and fees on the banks, DEFENSE AUTHORIZATION was one of God’s greatest gifts to us CONFERENCE REPORT guarantors, and lenders that have and our spiritual well-being. He never Mr. NUNN. Mr. President, before I helped us in our budget savings with- let us down, and he always built us up. speak on my frustrations with the War out imposing additional restrictions on The Christian glow of Chaplain Hal- Powers Act and relate some of the students. verson, like a strobe light in the dark most recent debate on Bosnia and most Frankly, it is a pretty good deal for or a beacon in the storm and fog, shone recent deployment of American mili- America, to be able, when you send brightly always and will everlastingly. tary forces, I would like to say there your children to school, to borrow Few have attained or maintained the was an article in the Washington funds at no interest, use those funds to mission of what obviously was God’s Times this morning in effect saying I pay college costs, and then have an ex- wisdom and compassion in creating and had declared all-out war in an effort to tended repayment period after gradua- sending forth among us poor sinners lobby Senators to defeat the Defense tion where you are not even paying in- this giant workman for faith and good. authorization conference report. terest on the use of the funds for the I knew him well years before he was entire time that you are in school, plus Mr. President, just for clarification, I called upon to be the spiritual leader of will vote against the conference report. in a 6-month period of time after grad- the Senate. Way back in the early I worked very hard with Senator THUR- uation from school. 1970’s, when I first met this man, I cor- Now, I do not know if there are many MOND and with other members of the rectly sensed, when he came to Ne- better deals in America. If there are, I committee to get a bill that would not braska to lead us in a Governors’ Chris- would like to know about them. only be something that I could support tian retreat, his devotion and his And so I think we ought to deal with but also, more importantly, that the unique ability to spread our Maker’s the facts and not the political rhetoric. President would sign. I am afraid we do message of peace and love and under- We ought to recognize that we have in not have that kind of product coming standing. place an extraordinarily generous pro- in the conference report. But I have in- While he is gone from us in this life, gram to help parents who need the help formed the Democratic Cloakroom and and we will miss him, the light and and students who need the help in pro- the Democratic leadership that I wish glow of Richard Halverson does not viding funds to pay for their college to cooperate fully with Senator THUR- even flicker. It is brighter than ever. costs. MOND in getting this conference report For this wonderful man, who has been A program which allows you to bor- before the Senate. I certainly will do taken from us and from his family, we row at zero interest for your entire everything I can to get a time agree- issue condolences to that great family time in school and then gives you a ment for a reasonable period for debate of Richard Halverson, but we commit generous 10-year or more repayment where people can express their views to continue his gentle but most effec- program where the interest does not both ways, for and against this bill. I tive teachings that he has left all of us even begin to run on the amount that will do everything I can to persuade for the betterment of mankind. God you have borrowed until 6 months after other Senators not to have extended bless my brother, Richard Halverson. you have graduated, give you time to debate. I have no intent of trying to I thank the Chair and I yield the go out and look for employment so keep this bill from going to the Presi- floor. that you can begin to pay back these dent for his final decision, whether he The PRESIDING OFFICER. Under loans, is a pretty generous program. At signs it or whether he does not sign it. the previous order, the Senator from a time when we are facing a substan- This article also said I was busy lay- Georgia [Mr. NUNN], is recognized for tial budget crisis, are attempting to ing some kind of strategy to defeat the up to 25 minutes. The Senator is recog- bring fiscal responsibility to the Fed- bill and lobbying Republican Senators nized. eral Government, at this historic mo- and that I was trying to get out in Mr. NUNN. Mr. President, I ask ment when we hope to finally once and front of Chairman THURMOND and de- unanimous consent that morning busi- for all balance the budget, this is more feat this bill. ness be extended sufficient time to ac- than a reasonable proposition. Mr. President, I have not asked a sin- So I hope that the conferees in decid- commodate my remarks. gle Senator to vote against this bill. I ing what the final composition of the The PRESIDING OFFICER. Without do not intend to lobby against the bill. Balanced Budget Act will look like and objection, it is so ordered. I intend to state my views as to why I in negotiating with the President un- f cannot support the bill. The conference derstand what the House and Senate report speaks for itself. There are some A MAN DEARLY LOVED, REV. have come up with in terms of the stu- people who will be for it, some opposed RICHARD HALVERSON dent loan program is more than reason- to it. This article is right out of the able, does not impose additional costs Mr. NUNN. Mr. President, I first wish whole cloth. I do not know how report- on students, does not reduce the to express my gratitude to the Senator ers are able to make these kinds of re- amount of loans available to those stu- from Nebraska for his fine comments ports to the public without any check dents, and simply is the way we ought on Reverend Halverson, a man we all whatsoever with the people they are to proceed. dearly loved. There was a beautiful and purporting to report on, in this case Mr. President, I thank you for the wonderful memorial service to him in me. time. Whatever time I have remaining the Senate caucus room this week It is true that I said I would vote I yield back. where not only Senators but, more im- against the bill. It is true that I laid Mr. EXON addressed the Chair. portantly, Senate family—policemen, out some of the reasons in a press re- The PRESIDING OFFICER. The Sen- people working in the dining room, lease. It is not true that I am trying to ator from Nebraska is recognized for up doorkeepers—expressed their profound impede the bill and its progress. It is to 5 minutes. appreciation for the life and example of not true that I am launching any kind Mr. EXON. An inquiry of the Chair. I this wonderful, wonderful disciple of of all-out effort to defeat the bill. It is assume we are in morning business. Is God. I will be making more complete my view that the bill will pass. that correct? remarks, and I will also, at a later It will have, I think, majority sup- The PRESIDING OFFICER. That is point, insert in the RECORD some of the port. It will have support from people, correct. remarks made at his memorial service I am sure, from both sides of the aisle. Mr. EXON. I thank the Chair. so that all Senators can read them. So, I wanted to clarify my view on this. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18679 I will vote against the bill. But if I Bush then virtually doubled the num- warring ethnic factions in Bosnia. The agree- wanted to defeat this conference re- ber of forces in Saudi Arabia, which ments initialed in Dayton would require us port, if I felt that was the appropriate prevented a troop rotation, which and our NATO allies to place peacekeeping units of our armed forces in Bosnia for a route—and I do not—I would certainly meant that the clock was ticking. year or more. This raises once again the big- be engaged in extensive debate, thereby There was no way to rotate those gest unresolved issue under the U.S. system requiring 60 votes to pass it rather forces. Therefore, they either had to be of separate executive and legislative depart- than 50. I do not intend to do that. If used in some kind of conflict or it had ments: Is the constitutional authority to there is any kind of effort for extensive to be resolved. So, the clock was tick- place our armed forces in harm’s way vested debate, it will not only be without my ing there. Then President Bush also in the president or in Congress, or does it re- cooperation but it would be against my made it clear that whatever Congress quire the joint approval of both? President Clinton has said he would follow own advice and something being done did, even though he sought congres- the precedent set by George Bush before the by individual Senators. sional authority, he was going to go 1991 Desert Storm invasion and seek a con- So, I hope that whoever is spreading forward. gressional expression of support before com- that message or making that report or So, all of this leads me to think that mitting American units to the enforcement seeing that article also will take into it is time, way past time, probably 10 of the Bosnian peace agreement. But he has account the remarks I have made here or 15 years past time, for Congress to also asserted the constitutional power to act on the floor, which happen to be fac- rethink its own role. I think this is on his own authority, just as Bush did. This tual and true. fundamentally a congressional respon- time, it is Republican congressional leaders who are challenging a Democratic presi- f sibility. I do not think it is going to be dent’s view that the president can lawfully solved by a President, whether it is a WAR POWERS ACT act on his own, but, more typically it has Republican President or Democratic been Democratic Congresses challenging Mr. NUNN. Mr. President, I would President. It is not their job. I would presidents of either party. like to discuss the overall concept of hope that any President would cooper- During the coming debate. Congress would war powers and the congressional role ate if Congress takes its own initiative be wise to bear in mind, as it did five years in making decisions to deploy United to exercise its own responsibility and ago, that the world will be watching how the one and only democratic superpower reaches States forces abroad. There was not authority. But, at this stage, I do not sufficient time in the debate on Bosnia its decisions, or whether it is so divided that expect the President to solve our own it is incapable of deciding at all. Congress during which I alluded to my frustra- problem. needs to recognize that we cannot have 535 tion in this regard, but did not go into Mr. WARNER. Mr. President, would commanders-in-chief in addition to the detail. Today I hope to lay out my the distinguished Senator from Georgia president and that some deference to presi- views in a more complete fashion. yield for just a moment? dential judgments on force deployments is in Mr. President, during Wednesday’s Mr. NUNN. I would be pleased to. order. That is especially true when, as in debate on the Bosnia resolutions, I The PRESIDING OFFICER (Mr. GOR- Korea, Iraq and Bosnia, the president’s pro- noted that when President Clinton pub- TON). The Senator from Virginia. posed deployments are based on United Na- licly committed the United States to Mr. WARNER. I wish to corroborate tions Security Council resolutions that we have sponsored and on joint decisions with participate in implementing a peace the fact that in February 1993, when our allies pursuant to treaties Congress has agreement by putting U.S. forces on President Clinton made this specific previously approved. the ground in Bosnia, he did so without commitment, I did not have any In the case of Bosnia, the argument for consulting with Congress prior to mak- knowledge nor did other members, sen- committing U.S. forces to carry out a peace ing that commitment, as far as I know. ior members, of the Armed Services agreement is a strong one. All of us are re- I was not consulted, and I do not know Committee, to my knowledge. volted by the ethnic cleansing and other of others who were. I certainly do not Likewise, I remember the commit- human rights abuses that the various fac- know of any kind of formal consulta- ment of that large number of troops by tions have committed. These abuses are like- ly to continue if the peace agreement is not tion or any kind of leadership meeting President Bush. I recall the Senator formally signed in mid-December as now before that commitment to deploy U.S. from Georgia was quite concerned scheduled, or if it is signed but not carried ground forces was made to the world when he learned about it through other out. If the war goes on or soon resumes, it and to our allies. sources than through the consultation may well spread to other parts of the former It was a very important commit- process which, in some effect, was tak- Yugoslavia and to the rest of the Balkans, ment. At that time, we were not on the ing place during that period in the fall. still the most unstable region of Western and verge of a peace agreement, so it was But I remember the Senator specifi- Central Europe. Any widening of the Balkan not taken as being important by the cally raised a point that at no time in wars could well spread to Eastern Europe and the Middle East and pose a substantial news media or by those people in Con- that consultation process—and I was potential threat to U.S. national security. gress in leadership positions; but it was the ranking member then—was there Some foreign forces are needed to separate important. And I think all of us need any to the then-chairman of the com- the contending armies and to control the to understand that when Presidents mittee, the Senator from Georgia. And standing down of heavy weapons. Under our make these kinds of commitments the Senator called the President to leadership, and only under our leadership, internationally, and when they do so task for failing to do that. NATO is ready to supply the necessary without consulting Congress, then the Last, Mr. President, I urge the Sen- forces. The stronger the forces, the better the chance that they will not be attacked cards are already dealt. ator to look at a very erudite article and that they will accomplish their mission. Those of us in the Congress who have on this subject written by Lloyd Cutler All these reasons argue for a significant U.S. certain constitutional responsibilities, appearing in the Washington Post, I military commitment, now that a promising if we do not do a better job ourselves, think about 2 weeks ago. I will put it peace agreement has been reached. then this kind of pattern—it has not in the RECORD, the exact date of that In 1991, the Democratic Congress narrowly only been President Clinton, but it has article. It lays out with detail the legal approved President Bush’s decision to re- been the same with other recent Presi- chronology of the War Powers Act. verse the Iraqi invasion of Kuwait, thus dents—will continue. Mr. President, I ask unanimous con- mooting the issue of whether the president could have acted alone. Today, the Repub- President Reagan made commit- sent that the article be printed in the lican congressional leadership, while sound- ments and certainly took action in RECORD. ing somewhat more conciliatory than in re- Panama and Grenada and Congress There being no objection, the article cent weeks, is challenging President Clinton played almost no role. was ordered to be printed in the to make his case for the proposed deploy- President Bush, though he did, to his RECORD, as follows: ment. This war powers question has come up great credit, come to Congress before [From the Washington Post, Nov. 26, 1995] repeatedly since the 1950 outbreak of the Ko- rean War, when President Truman commit- actually going to war, deployed hun- OUR PIECE OF THE PEACE—SENDING TROOPS ted our forces without first seeking congres- dreds of thousands of troops to Saudi TO BOSNIA: OUR DUTY, CLINTON’S CALL sional approval, but has never been resolved. Arabia without any congressional ac- (By Lloyd N. Cutler) In foreign and national security policy, as tion. Congress did not take any action. After months of sustained effort, the Clin- in domestic policy, neither Congress nor the I do not blame President Bush for that. ton administration has succeeded in nego- president can accomplish very much for very Congress did not act. And President tiating a peace agreement among the three long without the cooperation of the other. S 18680 CONGRESSIONAL RECORD — SENATE December 15, 1995 This is so for both constitutional and prac- mission to rescue our hostages in Iran; Presi- role is purely advisory, no separation-of-pow- tical reasons. The Constitution gives Con- dent Reagan put our forces into Lebanon, ers issues would arise. In this way Congress, gress the power to ‘‘declare war,’’ but both the Sinai, Chad and Grenada and ordered in its own favorite phrase, would be effec- Congress and the president share the power bombing attacks on Libya; President Bush tively consulted before the takeoff, rather to raise armies and navies and to raise and sent troops into Panama, Liberia, Somalia, than at the time of the landing. The coopera- appropriate funds for their maintenance and Saudi Arabia, Kuwait and Iraq. tion on national security issues that the na- deployment. Only Congress can enact such As for President Clinton, he has already tion wants and expects might still elude us, measures, but it needs the president’s ap- ordered our forces into Somalia, Rwanda, but the president would have done his part proval or a two-thirds majority of both Haiti and Macedonia and has authorized our to carry out George Shultz’s admonition houses to override his veto. Only the presi- air units to enforce the U.N. no-fly zone over that trust between the branches must be dent can negotiate treaties, but he needs a Bosnia itself. Washington’s ‘‘coin of the realm.’’ two-thirds vote of the Senate to ratify them. Moreover, in the 22 years since the War Mr. NUNN. Mr. President, I think The president’s separate powers are limited Powers Resolution became law, Congress has that is a very good article to place in to receiving ambassadors, serving as com- never undermined these presidential uses of the RECORD. I thank the Senator from mander-in-chief of the armed forces and force by action (or inaction) in a way that faithfully executing the laws. If as com- would have blocked the mission or required Virginia, my friend from Virginia, for mander-in-chief he orders our armed forces withdrawal within 60 days. his recollection, which is entirely con- into a combat situation, he still needs con- All this does not mean that Congress must sistent with my own. gressional approval to finance such a com- cede the power to make national security de- Mr. President, during the cold war— mitment over an extended period of time. cisions to the president. Congress success- in a long period of nuclear confronta- Before the United States became a super- fully forced Johnson and Nixon to limit and tion—all of us and most Americans in- power, disputes over the authority to com- finally to terminate the undeclared Vietnam stinctively understood that the Com- mit our forces rarely arose. We had few occa- War. Congress successfully stopped Reagan’s sions to deploy our military units abroad, covert sales of weapons to Iran and his cov- mander in Chief had to make a quick much less commit them to conflict. Armies, ert and overt military aid to the contras. As and decisive decision with potentially navies and news of battle traveled very slow- these examples show, presidents cannot ef- fatal consequences if certain events ly. Air forces and long-range missiles did not fectively exercise their separate constitu- took place. exist. There was plenty of time after learn- tional powers over national security and for- In effect, every President of the Unit- ing of a threatening event for the president eign policy over an extended period without ed States from 1945 on has had the ac- to deliberate with Congress about the proper the cooperation of Congress. That is why knowledged authority and responsibil- response. Occasionally, presidents commit- Clinton, like Bush in 1990, has invited Con- ity to respond to aggression by using ted us unilaterally, as in our attacks on the gress to express its views before our forces Barbary pirates in Tripoli in Jefferson’s are committed to support the peace agree- nuclear weapons, which could result in time, but it was rare for Congress to claim ment in Bosnia. the destruction of a large portion of that its own prerogatives were being usurped A week ago Friday, while the Dayton nego- mankind, including most of the United by the president. tiations were still going on, House Repub- States. Since World War II, all this has changed. licans passed a bill that would bar the ex- With this awesome authority being As commander-in-chief of the democratic su- penditure of any funds to sustain U.S. forces accepted for so long, recognizing that, perpower, presidents now deploy our armed in Bosnia. Fortunately, the Senate is un- if the former Soviet Union attacked forces all over the world. We can attack, or likely to follow, and even if it did, a presi- be attacked, within moments. On numerous dential veto would be difficult to override. the United States, and certainly if they occasions, presidents have committed our But the House Republicans who launched used nuclear weapons, there would not forces to armed conflict, sometimes of a sus- this preemptive strike would do better to be time for 30 days of congressional de- tained nature as in Korea and Vietnam, emulate former Republican congressman bate or probably even 3 days. With that without asking Congress to declare war. In Dick Cheney. kind of reality having taken place for Vietnam, as it had in Korea, Congress ini- In 1990, when we had a Republican presi- so long and that kind of assumed au- tially supported the president’s initiatives dent and Democratic majorities in both thority being vested in the Commander by appropriations and other measures. But houses of Congress, Cheney was the sec- in Chief, how then, in 1995, in a totally as the duration and scope of our military ac- retary of defense. As he said before we en- tions in Indochina escalated, an increasingly tered the Gulf War, ‘‘When the stakes have different set of circumstances, does restive Congress enacted the War Powers to do with the leadership of the Free World, Congress exercise its constitutional re- Resolution over President Nixon’s veto. The we cannot afford to be paralyzed by an intra- sponsibility to ‘‘declare war?’’ And resolution laid down a series of rules that re- mural stalemate.’’ The decision to act, he even more relevant in my view, how do quire a president ‘‘in every possible in- noted, ‘‘finally belongs to the president. He we exercise our responsibility in fund- stance’’ to ‘‘consult with Congress’’ before he is the one who bears the responsibility for ing these operations? commits our armed forces to combat or to sending young men and women to risk death. That is the ultimate power of Con- If the operation fails, it will be his fault. I places in which hostilities are ‘‘imminent.’’ gress. Senator BYRD reminds us of that have never heard one of my former [congres- It also requires the withdrawal of those frequently. The ultimate power of Con- forces if Congress fails to adopt an approving sional] colleagues stand up after a failed op- resolution within 60 days. eration to say, ‘I share the blame for that gress is we pay the bills on behalf of President Nixon and all subsequent presi- one; I advised him to go forward.’ ’’ the American people. We appropriate dents have challenged the constitutionality This does not mean that Congress must ap- the money. of these prescriptions, but the Supreme prove the president’s proposed commitments Mr. President, in Grenada, in Pan- Court has never accepted a case that would without change. For example, following the ama, Congress played almost no role in resolve this dispute and is unlikely to do so Lebanon precedent, Congress could require those military operations. In Lebanon, its further approval if the forces were not in the near future. When presidents ‘‘con- we heard President Reagan declare sult’’ with Congress before committing withdrawn within, say, 18 months, a period forces, they are careful to avoid saying they that expires after the next elections. The that our military commitment in Leb- do so ‘‘pursuant to’’ the War Powers Resolu- president and Congress have the shared re- anon was vital—he used the word tion; they say they do so ‘‘consistent with’’ sponsibility of finding a solution that shows ‘‘vital’’ several times—to our national the resolution. we can function as a decisive superpower and security interests. Congress approved There are obviously situations where mod- as a responsible democracy at the same time. the deployment of U.S. military forces ern technology makes advance consultation The public expects no less. with a time certain to perform an ill- It may be too late to help in the Bosnia de- with Congress impractical—most notably the defined and uncertain mission which I case where our sensor equipment indicates bate, but there is one change in our process that a missile attack has been launched on for making national security decisions that opposed. the United States or our NATO allies, or ought to be adopted. The National Security It was almost the ultimate backward where speed and secrecy are key factors, as Council (NSC), the statutory body created to way of doing things. We put a time cer- in the rescue of American hostages or repris- advise the president on national security af- tain on completion of the mission but als against a terrorist act abroad. fairs, consists entirely of officials in the ex- did not define the mission. So we ended But presidents have continued to commit ecutive branch. When the NSC takes up is- up with a time certain to perform our forces to armed conflict or situations sues related to the potential commitment of something that no one knew really where conflict was clearly ‘‘imminent,’’ our forces, the president could invite the at- what it was. That was, I think, a back- whether or not split-second timing was im- tendance of the speaker, the majority and perative. President Ford, for example re- minority leaders of the House and Senate ward way of doing things. sponded forcefully to an attack on a U.S. and the chairman and ranking members of To the credit of the Dole-McCain vessel (the Mayaguez) off the Cambodia the national security and foreign policy amendment—and I participated in coast; President Carter launched a military committees of each house. Since the NSC helping draft the final version of that December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18681 amendment—I do think that the cur- We did it in Somalia, in effect, and we But whatever the form of consulta- rent approach is a much better ap- do not think we should have to rely on tion, I believe there also needs to be an proach than we have had in the past in that as the way we do business. We attempt to forge an executive-congres- the sense that, at least, we make it may have to do it again, but it is cer- sional consensus on a set of principles clear what the mission is and there is tainly not the desired way for this Gov- that will guide the use of United States an effort to define an exit strategy. ernment to function, certainly not in forces in the future. This approach We did neither of those things in the international affairs. starts with the proposition that the Lebanon situation. I voted against it. No President will allow U.S. forces to United States is the world’s only super- But, nevertheless, in Lebanon we wit- be withdrawn from a military mission power and that we have certain respon- nessed the tragic death of hundreds of because of congressional inaction, as sibilities that no other nation on earth our marines, uncertain as to why they set forth in the War Powers Resolu- can fill. were there or what they were supposed tion, nor, in my opinion, should they. Too many times, when we get into a to do. We saw President Reagan pull The War Powers Resolution provides Third World situation or a situation the troops out of this ‘‘vital’’ area that if the President commits forces in like Bosnia, or a humanitarian mission overnight. Since then, we paid very lit- a hostile area, then Congress, by its in- like Somalia, or a mission like Haiti, tle heed to events in this so-called vital action, can require those forces be or a mission in other areas of the country. brought home by doing nothing. world, we forget—as our allies urge us In the Persian Gulf, Congress, with- That has never worked. I voted for to come in and play our role—we forget out speaking formally, acquiesced in the War Powers Resolution. I wish now that we are the only country in the the commitment of several hundred I had not because it will never work. It world that can do certain things. Too thousand ground troops to protect is not sensible. It defies reason. Con- many times our allies forget that, too. gress sitting on its hands requiring a Saudi Arabia. We watched without tak- They, of course, want us on the scene President who has committed our mili- ing any action as President Bush de- every time there is a problem. ployed such a large force in November tary forces to a foreign area where But, Mr. President, we need to keep of that year, that its rotation was in- they are in harm’s way—maybe even in in mind that we are the only nation in feasible, and made international com- a war or conflict—and we do not do the world that can deter the use of anything. And the War Powers Act pre- mitments at the same time, or very weapons of mass destruction. We are sumes the President will then bring shortly thereafter, to go to war against the only nation in the world that can them home. That has never worked. It Iraq on a date certain. Those inter- lead and coordinate the worldwide ef- never will work. The longer we con- national commitments to go to war on fort to avoid the spread of weapons of tinue to keep this legislation on the a date certain were without congres- mass destruction to the Third World books, the more impotent the Congress sional approval. and to terrorist groups. We are the of the United States will be in exercis- By a close vote on the eve of the war, only nation in the world that can help ing its real authority under the Con- Congress gave President Bush the au- preserve the stability in Europe by the stitution. thority to do what he had committed Mr. President, we should either presence of American forces that, al- to do with or without congressional ap- amend the War Powers Act to make it though dramatically reduced in num- proval. workable or we should repeal it and re- ber, are still very significant in terms Mr. President, I do not blame the place it with legislation that is realis- of their psychological and their politi- Presidents for acting and exercising tic and workable. That is long overdue. cal impact. leadership. They can make mistakes In the post-cold-war world in which We are the only nation in the world like anyone else. That is why we have the United States is called on to inter- that, with our allies in South Korea, three branches of Government. That is vene in ethnic, religious and other con- can deter and defeat the aggression of why the Founding Fathers very care- flicts in areas that may be important North Korea or come to the rescue of fully separated the right to declare war but less than vital, we must find a way nations in the Middle East that are the from the Commander in Chief and to create regular, frequent and com- world’s primary source of oil. placed it in the legislative branch of prehensive consultation between the We are the only nation that can per- Government. That is also why all funds President and the Congress before the form those key and vital functions. have to come from the Congress. President makes concrete commit- By our military presence, we are the So, the President, whether President ments and before U.S. troops are com- only nation in the world that can give Bush or President Reagan or President mitted to harm’s way. the Japanese the confidence to resist Clinton, is, when making these deci- Such consultation can, in theory and any urge they might have in the future sions, exercising Executive leadership. in reality, take many forms. My pref- to develop nuclear weapons and go on a And they are doing it too many times erence is the formation of a Congres- real rearmament program that would with a vacuum, a void, coming from sional Consultation Group, as was pro- have a profoundly destabilizing effect the Congress in terms of a response. posed almost 7 years ago, by myself, in northeast Asia and beyond. So, it is our job to say what the con- Senator BYRD, Senator MITCHELL, Sen- And we are the only nation in the gressional role is. We put up the ator COHEN, Senator WARNER, Senator world that can keep open the sea lanes money, and it is our job to say what we BOREN and Senator DANFORTH in a bill of communication on which not only demand in terms of a role. And, so far, to amend the War Powers Resolution. I our trade but also the trade of the I do not think we have done it. believe Senator BIDEN from Delaware world and the economy of the world de- I believe this is the time for the Con- had a similar resolution which he spon- pend. gress to acknowledge formally what is sored. Mr. President, these are all key func- plain for all to see, and that is the War Under that bill, the congressional tions. That does not mean we cannot Powers Resolution does not work. Fur- leadership, including the chairmen and perform other functions like Bosnia, thermore, it is not going to work. The ranking members of the Appropria- but it does mean that, when we under- longer this outmoded and unworkable tions, Armed Services, Foreign Rela- take this kind of mission, we and our legislation remains on the books in its tions and Intelligence Committees allies should understand the United present form, the longer we will con- would meet on a regular and frequent States should not be expected to con- tinue the illusion—and it is an illu- basis with the President to discuss tinue a large ground force in an area sion—that Congress has a meaningful real-world situations that could lead to like Bosnia for a prolonged period of role in the commitment of U.S. mili- the involvement of the United States time, because if something goes wrong tary forces to these types of missions. forces. Some have suggested having in Korea, if something goes wrong in Certainly, we can come along and we that group meet on a regular basis the Middle East, if something goes can take an action after the mission is with the National Security Council, wrong elsewhere in the world, who is already well underway to cut off funds. chaired by the President. It seems to going to play the role of superpower? That is always a very difficult, very me that thought is worthy of pursuit. I There is no one else on the block. painful way to do business. We have certainly believe that would be one I believe we can divide America’s in- done that only on one or two occasions. form that this could take. terests into three broad categories: one S 18682 CONGRESSIONAL RECORD — SENATE December 15, 1995 is humanitarian; two is important; and War II, and we continue to have a vital ator DOLE, introduced S. 5, the Peace three I would call vital. There is other interest in Europe. We are a party to Powers Act of 1995 earlier this year, terminology that people might want to the North Atlantic Treaty, which pro- which, in part, would have repealed the use, but I would like to stimulate at vides for a collective defense in the War Powers Resolution but re-enacted least some discussion and thought case of an armed attack against one or the consultation and reporting provi- about the areas where the United more of the parties. sions of the War Powers Resolution. States may be involved. The United States also has entered Mr. President, I also note that the A humanitarian interest is an inter- into bilateral defense treaties with May 1994 White Paper entitled ‘‘The est in which we want to see an allevi- Japan, the Philippines, and the Repub- Clinton Administration’s Policy on Re- ation of suffering, but where we do not lic of Korea. We have entered into a forming Multilateral Peace Oper- have a significant strategic interest. multilateral defense treaty with Aus- ations,’’ stated that the administration This includes cases like Somalia, tralia and New Zealand—although in would support legislation along the Rwanda, Burundi, Bangladesh, Sudan— the latter case, our obligations under lines of that introduced by myself, Sen- places where people are going through that treaty have been suspended with ators Mitchell, BYRD, WARNER, and tragic turmoil and, in many places, ac- respect to New Zealand since Septem- COHEN, to amend the War Powers Reso- tually starving. ber of 1986 because of differences on the lution to introduce a consultative We see them on television. It brings question of port visits of nuclear-pow- mechanism and to eliminate the 60-day tears to our eyes. We want to do some- ered warships. Mr. President, under withdrawal provisions. thing about it, but, in my view, this that treaty, we have committed to Based upon these developments, Mr. does not mean we should automatically meet the common dangers of an armed President, I believe it is very impor- think about sending military forces. In attack on our treaty partners in ac- tant in the next year that we have a those cases where we want to alleviate cordance with our constitutional proc- chance to forge a bipartisan approach suffering, I think our responsibility— esses. That is the case in most of these that would meet the needs both of the again keeping in mind the other re- treaties. Congress and of the administration and sponsibilities we have as a superpower And, of course, the area Senator that would foster a more cooperative that no one else can perform—our re- LUGAR and I have emphasized more approach between the two branches on sponsibility, generally speaking and in than any other in the last 2 or 3 years, important national security decisions. most cases, is to say to our allies: we and where we have the most profound When our military forces go into will help you with logistics, we will and difficult national security chal- harm’s way, they have every right to help you with airlift, we will help you lenge in the next 10, 20 years, or even expect that both the executive branch with sealift, we will help you with in- longer, is that we have a vital interest and the legislative branch have been telligence, and we will help you with in preventing the proliferation of weap- involved in the decisionmaking and are communications, but we want you to ons of mass destruction—not simply behind the mission. That is something do your job by putting in ground forces nuclear weapons, but chemical as well we owe the military men and women where necessary for peacekeeping or as biological weapons, which can lit- who serve in our forces abroad. peace enforcement purposes. Not only erally kill tens of thousands of people Mr. President, I intend to introduce to our allies in the traditional sense, in an instant. That is also a vital inter- legislation early next year to address but also to nations in the region where est because it could be a direct threat this very important issue. It has been the tragedy is occurring. to our Nation and to our friends in the delayed too long in terms of dealing In other words, on most such occa- world. with it. I repeat, the longer we pretend sions, we should do the things only we Now, the most difficult of all of these that we have on the books legislation can do and let others do things they areas is the third category, the one that covers congressional responsibil- can do. that fits between vital and humani- ity in this important, crucial area, the Mr. President, this probably does not tarian, and the term that I use is ‘‘im- longer we deal with an illusion which meet the definition of a national secu- portant interest.’’ An important inter- has no basis in reality. Mr. President, I rity strategy, but I believe we need to est is an interest that is more than a solicit input from all Members of the start thinking along those lines. mere humanitarian interest, but does Senate on both sides of the aisle on America cannot deploy military not rise to the level of a vital interest. this issue. I hope we can address it be- forces in all of these humanitarian There are overlaps between these cat- fore the next crisis arises. areas, and when we do, we can get into egories. They no longer come in a neat I thank the Chair, and I yield back serious and severe difficulty. Somalia package. The most difficult can be ex- whatever time I have remaining. is the best example of that. emplified by Bosnia, where I have long Mr. President, I suggest the absence To me, a vital interest is one that we believed we have had an important in- of a quorum. are willing to fight for and, if nec- terest but not a vital interest. I do be- The PRESIDING OFFICER. The essary, willing to send our young peo- lieve that we have a strategic and even clerk will call the roll. ple off to die for. This is an awesome a vital interest in preventing that con- The assistant legislative clerk pro- responsibility. There are not many of flict from spreading. If it spreads to ceeded to call the roll. those interests in the world, by the other areas, then it could indeed be- Mr. DOLE. Mr. President, I ask unan- very definition of that word, and we come vital. When an important but not imous consent that the order for the have to be very careful in designating vital interest becomes a test of NATO quorum call be rescinded. an area as a place where we have a solidarity—as has happened in the case The PRESIDING OFFICER. Without vital interest. That word ought to be of Bosnia—when an important interest objection, it is so ordered. used very carefully. becomes a test of United States leader- f Korea is a place where we have vital ship in NATO and of United States SCHEDULE interests. Without any doubt, we would credibility and commitment in the fight in Korea, if necessary. We have world, it moves into a category beyond Mr. DOLE. Mr. President, we have already demonstrated that. We con- important. Such is the case in Bosnia. had a number of inquiries about what tinue to demonstrate it with the pres- We must also bear in mind when con- the schedule will be for the remainder ence of thousands of American military sidering the deployment of our forces of the day. Frankly, I do not know. It forces. We have already demonstrated for other than a vital interest that the depends on the meeting, which will we have a vital interest in the Middle cumulative impact of such deploy- take place here in a few moments with East in the Persian Gulf war and by the ments may interfere with our respon- White House representatives and Mem- deployment we had—a couple of de- sibilities as the world’s lone super- bers of the House and Senate, on the ployments—just in the last 2 years power in areas which are truly vital to budget. It is my understanding that if when the Iraqis again started threaten- U.S. security and the American people. a serious budget is proposed and pre- ing Kuwait. Returning, briefly, to the subject of sented by each side, then the House Mr. President, we also have had a Executive-Congressional consultation, will be prepared to send us a short- vital interest in Europe since World I note that the majority leader, Sen- term continuing resolution that would December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18683 take us through at least next Tuesday. elected officials of the fifty sovereign And long, though lost to view, that radiant If that develops—and it may be later States, no one was beyond Dr. light, on today—I would have to check and Halverson’s love, his ministry, and his Reflected from the sky, delayed the night. see if there would be a request for a care. If one followed Dr. Halverson Thus, when a good man’s life comes to a rollcall vote on either side. If not, we throughout his daily routine, one close, might be able to advise our colleagues would not find a man more possessed No doubts arise to cloud his soul with gloom, But faith triumphant on each feature glows, within the next hour as to what the by, as well as animated by, the Capitol And benedictions fill the sacred room. program will be. Spirit of the Living God. I have met And long do men his virtues wide proclaim, It is also my hope that on the defense few men in any ordained order of the While generations rise to bless his name. authorization bill, even though the clergy or any denomination, who fit I have no doubt that Dr. Halverson House does not take up the conference the phrase ‘‘Men of God’’ so well as did has indeed now gone to his reward in report until 4 o’clock, we might reach Dr. Halverson. that Eternity for which each of us some time agreement on that bill to Dr. Richard Halverson was a man of yearns in his heart of hearts. Death can permit us to start debate earlier than 5 plain speech and honest demeanor. His be no victor over the life of a man like p.m.—in fact, early afternoon—and we eloquence was often in his simplicity. Richard Halverson—a man whose daily can debate it on Monday and have that No problem brought to him by one of walk and whose wisdom were rooted in vote sometime around 11 o’clock on us or by anyone on Capitol Hill was too the Eternal Word of God. Indeed, as Tuesday morning. small for his attention or too menial to Jesus said, when he saw Nathanael So what I am suggesting is that if ev- call forth from him a prayer or a bless- coming to him, we might also say of erybody wants to cooperate, we may be ing. Having come from a major Wash- Dr. Richard Halverson, ‘‘Behold an Is- able to work it out so there might not ington parish—The Fourth Pres- raelite in whom there is no guile.’’ be any votes for the balance of the day byterian Church on River Road—a My wife and I extend our deep deep- or on Monday, and a vote will occur on church numbering among its members est sympathies to Mrs. Halverson and Tuesday at around 11. But I cannot thousands—Dr. Halverson, on assuming to the family of Dr. Halverson. He was make that statement definitely at this the chaplaincy of the U.S. Senate, not slick; he was not even particularly time. shouldered his duties without missing polished, perhaps, but neither was the So that is what we are working on. If a beat. During his years of service Jesus Christ whom he served. This was my colleagues have ideas or objections among us, he was in much demand na- not just a vocation, it was an avoca- or suggestions, I hope they will be in tionwide to share his spiritual matu- tion, and what you saw was what you touch with me or staff between now rity and the depth of his insights with got. and, say, 12:15. thousands upon thousands of people in As I said to his son after Dr. Mr. President, I suggest the absence conferences across our country. In Halverson’s passing, I have no doubt— of a quorum. spite of the demand upon his time, and I had no doubt that Dr. Halverson The PRESIDING OFFICER. The however, Dr. Richard Halverson never knew—of his son’s grief. I felt that way clerk will call the roll. neglected his primary duty here in the when my own foster father passed from The assistant legislative clerk pro- United States Senate. Working as one this earthly life. I felt that way when ceeded to call the roll. man among ordinary men and women— my grandson was taken at the age of Mr. BYRD. Mr. President, I ask unan- the men and women elected to the high 17. I felt that his spirit still lived, and imous consent that the order for the position of United States Senator, Dr. that he knew of my grief. quorum call be rescinded. Halverson seemed to grasp instinc- Dr. Halverson knows today of his The PRESIDING OFFICER. Without tively our needs as human beings first family’s grief. They can take solace in objection, it is so ordered. and our needs as Senators second. In the promise that he still lives, and that Mr. BYRD. Mr. President, I shall all of the years of his service here, Dr. they can one day be reunited with him. speak longer than 5 minutes, but I do Halverson sowed seeds of faith, and ROSE STILL GROWS BEYOND THE WALL not think I will be longer than 10 min- kindness, and love that will continue utes. I ask unanimous consent that I to bear fruit in all of our lives, and in Near a shady wall a rose once grew, may speak as long as I require. Budded and blossomed in God’s free light, the life of this institution long after all Watered and fed by morning dew, The PRESIDING OFFICER. Without of us have departed its halls. Shedding its sweetness day and night. objection, it is so ordered. I am particularly grateful to Dr. Hal- As it grew and blossomed fair and tall, f verson for the pastoral care that he Slowly rising to loftier height, lent to me personally during the ordeal DR. RICHARD C. HALVERSON It came to a crevice in the wall, of the loss of my beloved grandson in a Through which there shone a beam of Mr. BYRD. Mr. President, the found- truck accident. And I remember with light. er of Methodism, John Wesley, de- thankfulness his ministry to my wife Onward it crept with added strength, clared, ‘‘The world is my parish.’’ In a during her seasons of illness and debil- With never a thought of fear or pride. like fashion, Dr. Richard Halverson ity. And I shall never forget the wit- It followed the light through the crevice’s might have declared that the Senate ness that Dr. Halverson shared with me length side of the United States Capitol, the of his own faith as he and I opened our And unfolded itself on the other side. city of Washington, DC, and the United hearts to one another and searched the The light, the dew, the broadening view States of America were his parish. deeper things of life in sometimes cas- Were found the same as they were before; No one who ever passed Dr. Halver- And it lost itself in beauties new, ual conversations or in moments of Spreading its fragrance more and more. son in the hallways or in the streets of profound insight. If ever there were a Shall claim of death cause us to grieve, this Federal community had any rea- model of the ‘‘Priesthood of all Believ- son to doubt that Dr. Richard Halver- and Make our courage faint or fall? ers,’’ Dr. Halverson was a priest of that Nay! Let us faith and hope receive: son was a man in whom the Light of order of ‘‘Melchisedec’’ spoken of in The rose still grows beyond the wall. God’s Love shone brightly. From the the Holy Scriptures. Dr. Halverson had Scattering fragrance far and wide, men and women who clean our offices the enviable ability to share his faith Just as it did in days of yore, at night to the men and women who in God as one might recommend to an- Just as it did on the other side, prepare the meals in our dining rooms other his Best Friend. For Richard Hal- Just as it will forevermore. and cafeterias, to the men and women verson, God was no abstraction, but the Mr. President, I yield the floor. who deliver the mail throughout the first reality of waking in the morning, Mr. THOMAS addressed the Chair. office complexes, to the men and traveling forth into the world by day The PRESIDING OFFICER. The Sen- women who police the streets of Cap- and returning home at night to his ator from Wyoming is recognized. itol Hill, to the men and women who slumber. f serve in the offices of Senators and on I saw the sun sink in the golden west; SENATOR BYRD’S STATEMENT the elevators and in committee staffs No angry cloud obscured its latest ray. to the men and women who sit on the Around the couch on which it sank to rest Mr. THOMAS. Mr. President, I think Floor of the United States Senate as Shone all the splendor of a summer day. we all are grateful and thankful for the S 18684 CONGRESSIONAL RECORD — SENATE December 15, 1995 eloquent remembrance by the Senator the design and programming phases of Code. What we do is we go after them from West Virginia. the computer industry, many of them vigorously. And the same thing is true I am sorry that I did not have the op- entrepreneurs. I have met those who, here. Our Government should eliminate portunity to know Dr. Halverson and in a very short period of time, have the abuse if there is any in the pro- was not a participant in the prayer learned enough of the English language gram. It is not a reason to say that a breakfasts. I attended his service this to practice law and become physicians. program that has helped legitimate week. The Senator from West Virginia So we dare not accept one generaliza- refugees is discredited. certainly does him great honor, and we tion that those who are using the pro- Mr. President, the House version of appreciate it. gram are principally members of the the State authorization bill includes a Mr. LAUTENBERG addressed the Russian mafia, that the gangsters are 1-year extension of this program, a pro- Chair. using this, because if they are, then it gram that has provided a useful escape The PRESIDING OFFICER. The Sen- is not the fault of those who are com- valve for historically persecuted people ator from New Jersey. ing. who come to this country and make a f It is my understanding that under contribution to our society. In light of United States law an applicant should existing instability in the former So- THE REFUGEE PROGRAM be denied refugee status if our Govern- viet Union, I believe that this program Mr. LAUTENBERG. Mr. President, ment knows that he is a criminal, or ought to be extended for another year. yesterday my good friend and colleague for some reason or other is excluded What it takes is our conferees in dis- from Wyoming, Senator SIMPSON, made from entry into the United States. So cussion to agree with the House. some comments, and particularly made where does the responsibility lie? It I hope that will take place to give reference to the so-called Lautenberg lies with the INS or the State Depart- this program another year to work refugee program. Though Senator ment. They have to do a better job in until we see what the conditions are SIMPSON and I agree on some things weeding those people out based on cur- going to be like in Russia in particular and disagree sharply on some things, rent law. and some of the other countries of the there is, on balance, mutual respect The refugee program was intended to former Soviet Union. and I might even say affection. So help historically persecuted religious I yield the floor. where we disagree on this issue, it is minorities, certainly not criminals. f because of a perspective on the issue. My friend, the Senator from Wyo- However, during his presentation on ming, also said the program is no REFUGEES FROM FORMER SOVIET the floor, he used references such as longer necessary because we have good UNION the so-called Lautenberg refugee bill. relations with Russia and that the pro- Mr. KENNEDY. Mr. President, yes- He used adjectives like derelict or defi- gram has been abused. As a matter of terday, the distinguished chairman of cient, that this bill was no longer of fact, I was stunned when I heard the the Senate Immigration Subcommit- any value, and I just would like to Senator from Wyoming describe Russia tee, spoke against the Lautenberg clear the record. as our best friend. I would say that is amendment which assists refugees Current law, under our immigration hyperbolic at least. Russia, our best from the former Soviet Union and code, facilitates the granting of refugee friend? We want them to be a good which is reauthorized under the House status for certain historically per- friend, we want them to be an ally, but version of the State Department reau- secuted groups. The existing law for- certainly one cannot say that they are thorization bill. mally recognizes the historic experi- now our best friend and that they are I support the amendment because it ences of certain persecuted religious behaving like a democracy as we know works. It has facilitated the rescue of minorities in the Soviet Union and it. And although he describes the pro- more than 250,000 persecuted Jews and Indochina, and the pattern of our de- gram as being discredited, the fact is other minorities from the former So- nial of refugee status to members of that it has served as a useful oppor- viet Union since Congress adopted it in those minorities entitles them to a re- tunity for those who are very con- 1989. For decades, the United States led laxed standard of proof in determina- cerned about what is going to happen the world in seeking the release of the tions about whether they are refugees. and what has taken place in terms of refuseniks and urging freedom of emi- The law lowers the evidentiary stand- their relationship with Russia and the gration under the Jackson-Vanik ard required to qualify for refugee sta- former Soviet Union countries. amendment. Having come this far, we tus for Evangelical Christians, for Jews There is still a tremendous amount should not abandon this historic com- from the Soviet Union, certain Ukrain- of instability in that area, and al- mitment by bringing this humani- ians, and some categories of Indo- though antiSemitism is no longer offi- tarian program to a premature end. chinese. cially State sponsored, its roots run Clearly, major political changes have Once a refugee applicant proves that deep throughout the culture and its ef- occurred in the region. The Soviet he or she is a member of one of these fects are felt in incidents across Russia Union is now the former Soviet Union. groups, he or she has to prove a credi- and many of the other former Soviet And most people there enjoy greater ble basis for concern about the possibil- Union countries. And now we are all freedom today than they did a decade ity of persecution. Refugee applicants made abruptly aware that on this com- ago. normally must establish a well-founded ing Sunday, when elections are going But we only need to read the head- fear of persecution. The law has had a to be held in Russia, there is a strong lines to know that the region continues real and positive impact on refugee ad- belief that those who are most likely to face great upheaval. Jews and other judication for persecuted individuals. to win seats are members of the Com- minorities in the former Soviet Union In his comments to the Senate yes- munist Party, avowed reformists. But are still the victims of persecution and terday, Senator SIMPSON said that the fact is we know that if people are deep-seated hatred and antisemitism. there is evidence that members of the looking fondly back to electing Com- When Senator SIMPSON and I met Russian mafia are using the program munists to Government, with it goes a with the U.N. High Commissioner for to enter the United States. I want to be standard that has been set by those Refugees earlier this year, she said she perfectly clear that the refugee pro- people for decades in that area. And so considered the former Soviet Union to gram was not intended to enable crimi- those who have been harassed in the be the most explosive part of the world nals to enter our country. It was not past, who are likely to run into prob- for refugees. And visitors to the region designed to facilitate entry into the lems are very worried about what the over the past year have discovered United States by those not qualified future holds. alarming levels of anitsemitic persecu- under the description of refugee status. So if there are some who seek to tion. Further, Mr. President, in my former abuse the program, as Senator SIMPSON An American delegation to the life I was in the computer business and claims, it is the responsibility of our Ukraine in March found that Jews were still have a lot of contact there. I have Government to weed out that abuse. victims of an organized harassment seen many of these people who have We do not stop collecting taxes in this campaign. Many Ukrainian Jews re- come, under the refugee exclusion, into country if someone abuses the Tax ceived anonymous notices that read, December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18685 ‘‘We give you the last opportunity to ‘‘The current period of economic crisis, [From the Jewish Advocate, May 12–18, 1995] leave our Ukraine. Get out if you don’t combined with an absence of real power and SYNAGOGUE BOMBING ROCKS RIGA COMMUNITY a spiritual vacuum, is giving rise to fascism want to die.’’ The fact that Jewish (By Debra Nussbaum Cohen) families in the former Soviet Union and anti-Semitism here,’’ says Ms. Gerber, who represents the liberal Russia’s Choice NEW YORK (JTA).—One day before Riga’s can be threatened repeatedly, denied parliamentary faction and is one of the few Jewish community celebrated the 50th anni- employment, have their children deputies—who are both Jewish and non-Jew- versary of the end of World War II and the mocked and beaten in school, and re- ish—to speak out against anti-Semitism. Holocaust, a bomber planted explosives at ceive death notices like this one—all ‘‘What will happen depends on how the the Latvian city’s sole remaining synagogue. The bomb exploded at 4 a.m. local time in because they are Jews and all with the government decides to use the idea of Rus- the early hours of the Sabbath day, shatter- sian nationalism, either as a patriotic idea authorities standing idle—is ample evi- ing the Peitavas Synagogue’s glass windows or as a totalitarian fascist one,’’ she says. dence that these families need Ameri- and light fixtures and ruining its basement ca’s continuing support to provide a President Yeltsin marked the anniversary sanctuary, according to Mordechai Glazman, lifeline. That is what the Lautenberg Wednesday by rehabilitating millions of one of two Lubavitch rabbis at the syna- amendment does. gulag prisoners who were imprisoned by gogue. There were no injuries. Josef Stalin after World War II for suspected If there are abuses in the program, as Most of the community’s Jewish residents, collaboration with Nazis. But he did not who number between 14,500 and 20,000, think SIMPSON states, we are prepared to mention that most of the estimated 1.5 mil- work with him to address them, and I that the bombing is related to what is known lion people who died in the Auschwitz- in Latvia as the Day of Freedom, which know that Senator LAUTENBERG joins Birkenau death factory were Jews. marks the end of the war, Glazman said in a in that commitment. In a speech to the United Nations last Sep- telephone interview from Riga. Those who come to the United States tember, Yeltsin officially condemned anti- It is considered an especially significant under this program are checked Semitism. But he has yet to do so on Russian holiday in the Jewish community, he said. against lookout lists and criminal soil. In the wake of the attack, Latvia’s presi- databases, as are others who seek to ‘‘Both the authorities as well as leaders of dent and prime minister made unscheduled enter the United States. As in all im- democratic parties presume that if they visits to the synagogue and Riga’s Jewish migration programs, we deny entry to make an official statement it will reduce cemetery to mark the holiday Monday. their authority in the eyes of their elector- known criminals and any others ex- The officials had originally planned to ate,’’ says Mikhail Chlenov, chairman of the honor the Latvian, Russian and German sol- cludable under the law. The numbers Vaad, an umbrella organization that brings diers who died in the war at their respective requiring help and rescue under the roughly 275 Jewish groups together. cemeteries, Glazman said. Lautenberg amendment are declining. ‘‘I would say that anti-Semitism has be- They joined the Jewish community’s lead- But we must not bring this historic come an integral part of Russian politics,’’ ers, Holocaust survivors and Jewish army help to a hasty and premature end. he adds. veterans in a ceremony to honor the dead. Mr. President, I ask unanimous con- Politicians ranging from local deputies to Latvia’s president, Guntis Ulmanis, put sent that two articles which describe ultranationalist Vladimir Zhirinovsky have flowers on a mass grave of Jewish soldiers, in some of the problems facing Jews in risen to prominence on anti-Semitic plat- the cemeteries and told the hundreds of peo- the former Soviet Union be printed in forms, and some senior bishops in the Rus- ple gathered that the government would do sian Orthodox Church routinely accuse Jews everything it can to apprehend and punish the RECORD. of exerting undue influence. the perpetrators, Glazman said. There being no objection, the articles Some Jewish leaders have received death ‘‘The prime minister said that it’s prob- are ordered to be printed in the threats, and members of anti-Semitic groups ably people with an interest in making a bad RECORD, as follows: are often seen at public rallies, holding plac- name for Latvia in the world who did this,’’ [From the Christian Science Monitor, Jan. ards accusing Zionists of ruining the country he said. 27, 1995] as part of a ‘‘Jewish-Masonic conspiracy.’’ There has been a disturbing rise in anti- Semitism in Riga, the rabbi said. LIBERATORS OF AUSCHWITZ YET TO LEARN ITS A STEP BACKWARD LESSON Last week, the police confiscated 1,000 cop- Russia has ‘‘returned to a period of anti- ies of Mein Kampf and arrested the printer, (By Wendy Sloane) Semitism, ultrareactionary [attitudes], and who had produced Adolf Hitler’s autobiog- In the last few years, Alexander Kleiman chauvinism, patronized by law-enforcement raphy in Latvian. Four thousand copies had has witnessed a series of attacks on the Mos- bodies,’’ said Sergei Gryzunov, chairman of already been sold, said Glazman, and 5,000 cow Choral Synagogue, one of only two syna- Russia’s State Press Committee, at an inter- more were scheduled to be printed. gogues left in the capital after a third national antifascist forum last week. Hundreds of the city’s Jewish residents vis- burned down in unexplained circumstances. He referred in particular to the ‘‘huge ited the synagogue Sunday to witness the Two years ago, vandals smashed several number’’ of legally issued nationalist and damage for themselves. windows of the dilapidated building in chauvinist publications that have sprung up The blast left the first-floor sanctuary, central Moscow. This winter, ‘‘Save Russia, since the Soviet collapse. used for worship twice a day, unusable, said Kill the Zhids [a derogatory word for Jews]’’ the rabbi’s wife, Rivki Glazman. was scrawled in bright paint across the But Viktor Korchagin, director of the Rus- sian Patriot’s Library publishing house, says building. A week later, the front fac¸ade was [From the Jewish World, Mar. 3–9, 1995] shot up with bullets. he has a simple solution to what he terms ‘‘Russians learn to call a Jew a zhid from the ‘‘Jewish question.’’ To rid Russia of anti- FREEDOM TO HATE JEWS IN TODAY’S RUSSIA the moment they’re born. Anti-Semitism is Semitism, he says, Russia must simply rid (By Walter Ruby) itself of its estimated 750,000 Jews. in their blood,’’ says Mr. Kleiman, the syna- A top leader of ex-Soviet Jews in the Unit- gogue’s chief administrator. ‘‘We’re not advocating the return of po- ed States believes that Jews in Russia face ‘‘If the American president and Congress groms,’’ he says, referring to the organized greater peril from an explosion of anti-Se- allowed all [Russian] Jews to immigrate,’’ he persecution and massacre of Jews in czarist mitic violence today than at any time in says, ‘‘I can guarantee that 90 percent would Russia. ‘‘We just want President Yeltsin to memory. leave.’’ decree that all Jews be deported.’’ Leonid Stonov, a longtime refusenik who As the world commemorates the 50th anni- Mr. Korchagin insists that he is targeting emigrated to the U.S. in 1990 and today versary of the Soviet Army’s liberation of the ‘‘Jewish mafia’’—which in his view in- serves as president of the American Associa- the Nazis’ Auschwitz death camp in Poland cludes all government ministers, all of tion of Russian Jews, told members of the today, anti-Semitic sentiments are increas- Yelstin’s aides, and all the top editors of Long Island Committee for Soviet Jewry ingly common in Russia, and the govern- Russia’s major newspapers—not the Jewish (LICSJ) that he returned from a recent visit ment is doing little to stem the tide. people. to Moscow fearful that a fascist takeover of SCANT ATTENTION ‘‘The most powerful mafia in Russia is the Russia may be only weeks or months away. While Russians have complained that the Jewish mafia. They steal from the people, Stonov, a leading representative of the world community has made little mention of but the editors don’t write about it because Union of Councils for Soviet Jews, spoke re- the fact that it was largely Russians who lib- they themselves are all Jews,’’ he says. ‘‘If cently by telephone from his home in Chi- erated the camp, they have done little to we don’t want anti-Semitism to exist in Rus- cago with LICSJ members gathered at the commemorate the event themselves. sia, then all Jews should leave.’’ North Woodmere home of Murray and Rhoda Alla Gerber, a Jewish deputy to the State According to a poll conducted by the re- Dorfman. Duma (lower house of parliament), said no spected National Center For Opinion Re- ‘‘Russia is moving rapidly toward fascism ceremony would have been held in Russia search, 45 percent of Russians believe that in the same way that Germany did in the had she not organized an event. Neither other nationalities should be expelled, while 1930s,’’ said Stonov, ‘‘and, as in Germany, President Boris Yeltsin nor his closest aides another 31 percent spoke out against equal anti-Semitism is an integral part of the fas- will attend the ceremonies in Poland. rights for other races. cist movement.’’ S 18686 CONGRESSIONAL RECORD — SENATE December 15, 1995 According to Stonov, when the Russian ‘‘Many of the Jews who have remained in her arm was broken, her hair pulled State Duma—the lower house of Parlia- Russia have deep psychological roots there. out by the roots. Why? Because one ment—held hearings on fascism, ‘‘[ultra- Others have gone into business in Russia. person was handling 150 cases and did nationalist leader Vladimir] Zhirinovsky They don’t want to believe the situation not have time to check where they said that the real danger to Russia came there will end like it did in Germany. Still, were putting this 3-year-old kid, so this from ‘democratic fascism,’ while others with the rapid worsening of the situation, I spoke of the perils of ‘Masonic fascism.’ am expecting a major new wave of emigra- poor 3-year-old was put in an unsafe Never before in Russia—even during Czarist tion.’’ foster home where drunken brawls en- time—had there been such open, animal ex- In the wake of Yeltsin’s Chechnya mis- sued and this child was beaten se- pressions of anti-Semitism during par- adventure and increasing movement toward verely. liamentary discussions.’’ the right, Stonov contended that ‘‘the politi- We need to do better than this. That Stonov was speaking to LICSJ members cal situation in Russia is dramatically was the point I was making yesterday. who had gathered to view a screening of changing for the worse and the West seems Children cannot deal for themselves. Freedom To Hate on WLIW–TV (Channel 21), to be unaware of what is happening. America They are not responsible for them- together with the film’s director, Ray Errol doesn’t seem to understand that the demo- selves. We are responsible to help chil- Fox. The hour-long documentary, narrated cratic order in Russia is again under threat. dren in this country who are helpless, by Dan Rather and introduced by Jack ‘‘I think the Clinton administration should Lemmon, explores the upsurge of anti-Semi- be pressing the Russian government to move to give hope to children who are hope- tism in the former Soviet Union. faster toward a market economy,’’ continued less. It is our responsibility. Freedom To Hate includes extensive inter- Stonov. ‘‘Credits should be given to Russia I read a few days ago a piece in Time views with leaders of the neo-Nazi Pamyat only if real privatization is carried out there. magazine that I wish to read to the movement, discussions of fascism and anti- When the West gives credits without privat- Senate, not in its entirety, but I would Semitism with such prominent Russians as ization, all the money just ends up in Swiss ask all of you to read the article in its poet Yevgeny Yevtushenko and commenta- bank accounts.’’ entirety, because it, too, relates to the tor Vladimir Posner, and interviews with While attending an anti-fascist forum dur- question of what are we doing to pro- Russian Jews victimized by anti-Semitic vio- ing his Moscow visit, Stonov found that all tect children in this country. I am not lence. the democratic leaders feel extremely Though filmed mainly in 1990 and 1991, the talking about the children that go to threatened by what is happening. ‘‘[Human bed safe and secure at night in a good documentary closes with a recent scene of Rights Commissioner] Sergei Kovalyov had Zhirinovsky delivering a menacing speech, very sad words. He said, ‘We Russians are home, that is warm, having just had a showing that the conditions portrayed in the ruled by scum and we are scum for allowing good meal. I am talking about children film still exist. that to happen.’ ’’ who come from circumstances of pov- Although Stonov noted that the fear of im- Noting that Yeltsin has never directly de- erty and neglect and abuse, and who minent pogroms in 1990–1991 has largely nounced anti-Semitism in Russia, Stonov cannot help themselves. abated, he said that ‘‘the situation is far said, ‘‘Anti-Semitism is flourishing as never On the cover of Time magazine was a more dangerous for Jews today than it was before, in part because there are no official picture of a young girl named Elisa when this film was being made. In those constraints.’’ He added, ‘‘If there were free days, it was only Pamyat . . . a relatively Izquierdo. Let me read part of the mag- elections tomorrow, the fascists would prob- azine article to you because it de- small organization . . . that was openly es- ably not win in Moscow, but they would do pousing anti-Semitism. Today in Russia, very well in provincial areas like the Urals, scribes something we all must under- there are 137 open anti-Semitic newspapers parts of Siberia, and Krasnodar in southern stand—behind all of these discussions being sold on the streets . . . and the influ- Russia. The political position of the fascists about policies and numbers are people, ence of the anti-Semitic organization is is very strong, and they are now in a position some of whom are desperately reaching growing rapidly.’’ to stimulate a pogrom from the podium in out for help. He added, ‘‘The danger is not only from the State Duma.’’ ‘‘Little Elisa Izquierdo liked to Zhirinovsky. There is Alexander Barkashov, Stonov praised Freedom to Hate as ‘‘a very dance, which is almost too perfect,’’ who heads his own growing anti-Semitic or- important work that will hopefully help to the article says, this article written by ganization with its own private army. An- get across the message of how perilous the other prominent anti-Semite is Nikolai David Van Biema in the December 11 situation of Jews in the former Soviet Union Time magazine. It says: Lysenko, who argues that Russians should be really is.’’ particularly afraid of Jews who forego in- But, he said to the LICSJ group, he has Fairy tales, especially those featuring volvement in Jewish affairs, but instead are had a hard time getting the film screened. princesses, often include dancing, although active in Russian politics, business and cul- ‘‘Many people, including prominent Jews, perhaps not Elisa’s favorite merengue. tural life.’’ have accused me of exaggerating the situa- Fairy-tale princesses are born humble. Elisa Lysenko is a former Pamyat member now tion. fit that bill: she was conceived in a homeless in the Duma. Zhirinovsky’s Liberal-Demo- ‘‘Despite everything that has happened re- shelter in the Fort Greene section of Brook- cratic party won about 25 percent of the vote cently, there is still a kind of euphoria in lyn and born addicted to crack. That Elisa in the parliamentary elections of 1992. nevertheless had a special, enchanted aura is this country among American Jews about Stonov said he is concerned that with the something that the whole city of New York the situation in Russia. collapsing popularity of President Boris now knows. ‘‘Radiant,’’ said one of her pre- ‘‘The way that I present the situation is in- Yeltsin in the wake of the brutal war in school teachers, remembering a brilliant tense,’’ said Fox, ‘‘but everything I show is Chechnya, the heir apparent may be former smile and flashing black eyes. ‘‘People loved true. I don’t know how else to show the situ- vice president Alexander Rutskoi. Rutskoi her,’’ adds another. ‘‘Everybody loved her.’’ ation in order to get the message across.’’ was jailed by Yeltsin in October 1993 for in- And, unlikely as it may seem, there was even Lynn Singer, longtime executive director citing to rebellion, but the nationalist-domi- a prince in Elisa’s life: a real scion of of LICSJ, remarked, ‘‘All people of good will nated Parliament ordered him set free in Greece’s old royalty named Prince Michael, need to redouble our efforts to get out the early 1994. who was a patron of the little girl’s pre- Stonov noted that Rutskoi, formerly con- word about the deadly peril facing Jews in school. He made a promise to finance her full sidered sympathetic to Israel and Russian the former Soviet Union.’’ private school education up to college, which Jewry, has in the past several years forged Mr. DORGAN addressed the Chair. is about as happily ever after as this age per- close political ties with the coalition of The PRESIDING OFFICER. The Sen- mits. former Communists and Russian nationalists ator from North Dakota. Fairy tale princesses, however, are not bludgeoned to death by their mothers. They who believe Jews are responsible for many of f Russia’s ills. are not violated with a tooth brush and a Asked about Rutskoi’s declaration during CHILD ABUSE hair brush, and the neighbors do not hear a 1992 visit to Israel that his mother was them moaning and pleading at night. Last Jewish, Stonoff wryly noted that during a Mr. DORGAN. Mr. President, yester- week, two months before her seventh birth- visit to Warsaw, the former vice president day I spoke here about the Interior day, Elisa Izquierdo lay in her casket, wear- had also declared his mother to have been conference legislation. I talked some ing a crown of flowers. The casket was open, Polish, In any event, said Stonov, Rutskoi’s about the issue of child abuse, particu- which was an anguished protest on some- comments in Israel were barely mentioned in larly with respect to native Americans, one’s part; no exertion of the undertaker’s the Russian media. and about some of the difficulties that art could conceal all Elisa’s wounds. Before Queried as to why Russian emigration to I have witnessed and held some hear- she smashed her daughter’s head against a Israel has dropped to one third the level of cement wall, Awilda Lopez told police, she 1990–1991 if the peril to Jews has increased, ings about. had made her eat her own feces and used her Stonov responded. ‘‘One might also ask why, I described Tamara DeMaris, who was head to mop the floor. All this over a period after the Los Angeles earthquake, people placed in a foster home at age 3 and se- of weeks, or maybe months. The fairy tale began rebuilding their houses. verely beaten. Her nose was broken, was ended. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18687 This is a story of desperation and a confidentiality laws designed to protect we must do to protect these kids? It is story of one murder. Twenty-three complainants prevent her from revealing any not a question of anybody that thinks thousand people are murdered in this details of the case. Thus the public may it does not matter or whether you have country every year. This little 6-year- never know how many cries for help the enough social workers to protect these agency actually recorded or what it did old girl is one, murdered by her moth- about them. It may never know whether the children. In my judgment, we are not er. But let me read some of the descrip- CWA really made an extended effort to ob- doing any service to public service in tion of what the girl went through. The serve Awilda before [returning that child to this country. We must, it seems to me, reason I am describing this is that we this mother]. ask the question: How do we do this failed, the system failed, the child wel- Mr. President, I have not read all of job? Not whether, but how do we do fare agency failed, and the programs this article, but it is sufficient to de- this job? What does it take to make failed to help this girl. scribe what happens to some children sure we protect these children? ‘‘Drugs, drugs, drugs—that’s all she was in- in this country. I described several of I hope everyone reads this article. terested in,’’ says neighbor Doris Sepulveda, them yesterday. This is another, a lit- There are dozens and dozens and dozens who watched the Lopezes trying to sell a tle 6-year-old girl from New York who of cases like this all over the country. child’s tricycle outside their building. An- was failed by our system. My only point is, we can do much bet- other neighbor, Eric Latorre, recalls seeing I am investigating at the moment to ter and must do much better. When the whole family out at 2 a.m. as Awilda [the systems fail, we must find out why. mother] sought crack. . . . [Her mother] re- find out why a child welfare agency portedly had come to believe that little would not be willing to disclose what When children, innocent victims, find Elisa, whom she called a mongoloid and a exists in these files. Who contacted themselves in circumstances like this, filthy little whore, had been put under a them? When did they contact them? someone ought to be willing to stand spell by her father—a spell that had to be Who failed this child? Who did not fol- up and assume responsibility, to say we beaten out of the child. Neighbors, some of low up? Why did they not take this are going to help. whom say they called the authorities, later child away from a mother who was tor- I told the Senate yesterday about a told the press of muffled moaning and Elisa’s turing her? Why is this child dead? stack of folders on a floor, where I saw voice pleading, ‘‘Mommy, mommy, please Confidentiality laws apply to protect reports of sexual and physical abuse stop! No more! No more! I’m sorry!’’ Law-en- forcement authorities have provided a reason people from disclosure of sensitive in- against children on an Indian reserva- for those cries: they say Elisa was repeatedly formation about a family that is dealt tion that had not even been inves- sexually assaulted with a toothbrush and a with by the child welfare agency. It is tigated because they did not have the hairbrush. When her screams became too not a confidentiality statute designed investigators to go out and investigate. loud, [her mother] simply turned up the to protect the agency from an inves- I was appalled, just appalled to under- radio. tigation. I am trying to find out what stand that in that stack is a young Elisa stopped attending school, and neigh- kind of Federal circumstances exist child living in a circumstance where bors say they saw less and less of her. On No- vember 15, Carlos Lopez was jailed again for that can pry open the child welfare they have been sexually molested. violating his parole agreement. On Novem- agency’s records to find out, how did There is an allegation of sexual mis- ber 22, the day before Thanksgiving, all that this happen? conduct or allegation of physical mis- was twisted in Awilda apparently snapped. At the end of this story, it describes conduct by a guardian, and it has not One of her sisters, quoted in the New York again a common problem. It describes even been investigated. We must do Times, reported a chilling phone conversa- city, State, and Federal Government better than that. tion with her that night: ‘‘She told me that budgets that have cut one-sixth from I hope that as we discuss and think Elisa was like retarded on the bed, not eat- the child welfare agency’s budget. The our way through this notion of how do ing or drinking or going to the bathroom. I head of the child welfare agency esti- said, ’Take her to the hospital, and I’ll take we balance the budget, we ask, what care of your other kids.’ She said she would mates that her caseworkers’ caseload are our priorities? Is it B–2 bombers, is think about it after she finished the dishes.’’ is going up. They simply cannot do it the school lunch program, is it a The next morning Awilda called Francisco enough investigations. dozen or 100 different things? I hope Santana, a downstairs neighbor. ‘‘She was It is what I described yesterday. The none of us will ever decide that it is crying, ‘I can’t believe it, tell me it’s not caseload on the reservation in North discretionary on our part whether we true,’ ’’ he says. When he arrived at her Dakota was so high that the social protect children like Elisa. apartment, she showed him Elisa’s motion- worker who was in charge of those Elisa did not have to die. We failed. less body. He put his hand to the child’s cold cases put Tamara DeMaris, a young We all failed Elisa, and I hope as we de- forehead, pronounced her dead and spent the and innocent 3-year-old girl, in a home next two hours pleading with Awilda to call velop our priorities for the years the police. When he finally called himself, he where she was beaten severely, in a fos- ahead, we will decide, at the very least, says, she ran to the apartment roof and had ter home that was not safe. Here, we that those who cannot help themselves, to be restrained from jumping. When the po- have a caseload apparently that does those children in harm’s way, those lice arrived, she confessed to killing Elisa by not permit a welfare agency to deal children whose lives are threatened de- throwing her against the concrete wall. She with issues of life or death for 6-year- serve and require our help. I hope there confessed that she had made Elisa eat her old girls in New York City. is no disagreement on any side of the own feces and that she had mopped the floor There is something fundamentally political aisle on that question. with her head. The police told reporters that wrong. The reason I bring this to the there was no part of the six-year-old’s body I recognize the Senator from Min- that was not cut or bruised. Thirty circular floor is because we are talking about nesota has been waiting. I appreciate marks that at first appeared to be cigarette all of these spending areas, all of these very much his indulgence. burns turned out to be impressions left by areas of Federal spending, and we get Mr. President, I ask unanimous con- the stone in someone’s ring. ‘‘In my 22 phone calls and my colleagues get sent to have printed in the RECORD the years,’’ says Lieutenant Luis Gonzalez, [the phone calls saying we have got to cut article to which I referred in my re- police lieutenant], ‘‘this is the worst case of Federal spending. I do not disagree marks. child abuse I have ever seen.’’ with that. We have to balance the . . . an aspect of the tragedy’s aftermath There being no objection, the article budget. I do not disagree with that. was ordered to be printed in the [according to this magazine article] . . . has Does anybody in this Chamber under also dumbfounded the [people of New York RECORD, as follows: who shared in this tragedy]. The people of any circumstances, or any anybody in [From Time, Dec. 11, 1995] any State legislature or in any city New York could do nothing about Awilda’s ABANDONED TO HER FATE drug-induced delusions or her timid neigh- council, believe that a 6-year-old does (By David Van Biema) bors. But they wanted an accounting from not deserve the protection that society the CWA [Child Welfare Agency]. must give her when she is being sexu- Elisa Izquierdo liked to dance, which is al- This story describes report after re- ally abused and beaten, and, yes, most too perfect. Fairy tales, especially those featuring princesses, often include port after report that was made to the threatened with murder? Does anybody dancing, although perhaps not Elisa’s favor- Child Welfare Agency. believe that is not our responsibility? ite merengue. Fairy-tale princesses are born Instead, Executive Deputy Commissioner This country fails these children humble. Elisa fit that bill: she was conceived [of the Child Welfare Agency] Kathryn Croft when we do not decide to debate these in a homeless shelter in the Fort Greene sec- has steadfastly maintained that the state kinds of issues in the context of what tion of Brooklyn and born addicted to crack. S 18688 CONGRESSIONAL RECORD — SENATE December 15, 1995 That Elisa nevertheless had a special, en- when Izquierdo fell behind on tuition, they Canizares arrived for the June 1994 custody chanted aura is something the whole city of recommended his daughter to Prince Mi- hearing alone. Awilda, by contrast, brought New York now knows. ‘‘Radiant,’’ says one chael of Greece. a small army. Her lawyer that day was from of her preschool teachers, remembering a Michael will probably never ascend his the Legal Aid Society, which maintained brilliant smile and flashing black eyes. country’s throne, since the monarchy was that its caseworkers had visited the Lopezes ‘‘People loved her,’’ adds another. ‘‘Every- abolished in 1974. But he still dispenses royal and found that ‘‘Elisa expressed a strong de- body loved her.’’ And, unlikely as it may charity. After an aide established a connec- sire to live with her mother’’ and her sib- seem, there was even a prince in Elisa’s life: tion with the Montessori school, the faculty lings. Also backing Awilda was the CWA, a real scion of Greece’s old royalty named introduced Michael to Elisa. On the day he which Judge Greenbaum has indicated had Prince Michael, who was a patron of the lit- arrived in Brooklyn, he would later remem- been monitoring the family for more than a tle girl’s preschool. He made a promise to fi- ber, ‘‘[Elisa] jumped into my arms. She was year—the agency’s third contact with Elisa. nance her full private-school education up to a lively, charming, beautiful girl. She was so Finally there was Project Chance, a federally college, which is about as happily ever after full of love.’’ The prince visited several funded parenting program for the poor run as this age permits. times, bringing stuffed animals or clothes; by a man named Bart O’Connor. Fairy-tale princesses, however, are not the little princess responded with thank-you When O’Connor met her in 1992, Awilda had bludgeoned to death by their mothers. They notes and pictures. Michael’s most handsome seemed ‘‘an easily excitable woman,’’ but are not violated with a toothbrush and a offer arrived in late 1993: he would pay one who was ‘‘very lively, very vibrant and hairbrush, and the neighbors do not hear Elisa’s full tuition, through 12th grade, at loved her children beyond belief.’’ She duti- them moaning and pleading at night. Last the Brooklyn Friends School. fully attended parenting classes and sought week, two months before her seventh birth- In 1991 Awilda petitioned for, and was extra advice. There were setbacks, during day, Elisa Izquierdo lay in her casket, wear- granted, unsupervised visitation rights with which she returned to drugs and abandoned ing a crown of flowers. The casket was open, her daughter. The mother had already re- the children. But she recovered—‘‘The kids which was an anguished protest on some- gained custody of her two older children; she seemed happy, and the house was immacu- one’s part; no exertion of the undertaker’s seemed to have effected a miraculous recov- late.’’ When Awilda asked O’Connor to help art could conceal all Elisa’s wounds. Before ery. In December 1990 social workers signed her get Elis back, he had his doubts: ‘‘She she smashed her daughter’s head against a an affidavit stating that she had given up was just learning to handle five kids. I cement wall, Awilda Lopez told police, she drugs, married a man named Carlos Lopez thought another kid might be too much.’’ had made her eat her own feces and used her and settled at a permanent address. ‘‘Both But, after all, he had just given her a head to mop the floor. All this over a period [Lopezes] are willing to go for random drug progress award, so he vouched for her to the court. In September Judge Greenbaum of weeks, or maybe months. The fairy tale tests,’’ the affidavit read. ‘‘They never miss awarded full custody to Awilda, directing the was ended. appointments with the agency, and they are CWA to observe the family for a year. Last America dotes on fairy tales and likes to always on time. Mr. Lopez is supportive . . . week, hounded by the press, Greenbaum re- think it takes action on nightmares. When He appears to be gentle and understanding.’’ leased a statement that read in part, ‘‘It is the story of Elisa’s death hit the news last That last was a grave misjudgment. Carlos any judge’s worst nightmare to be involved week, New Yorkers and people across the Lopez, who did maintenance work, was solic- in a case in which a child dies.’’ country remembered the Kitty Genovese itous only in public. At night neighbors Especially, it can be assumed, when a child murder in 1964, and took to task all the heard dishes, pots and pans crashing against dies slowly, by torture. In September, neighbors who had known too much and said walls. In January 1992, a month after Awilda Awilda removed Elisa from the Montessori nothing. But, it turned out, many others had gave birth to his second child, Carlos stabbed school and enrolled her in Manhattan’s Pub- not been silent: Elisa’s slow, tortured demise her 17 times with a pocketknife, putting her lic School 26. The Daily News reports that on had been reported repeatedly. Over the six in the hospital for three days. According to arrival, she seemed a fairly happy girl, one years of her life, city authorities had been a neighbor, the attack occurred in front of who shared make-believe bus trips with notified at least eight times. And so outrage Elisa, during a weekend visit. Carlos served other children during lunch hour. But she focused on the child-welfare system. How did two months in jail and then, neighbors say, soon folded up into herself. The school’s it happen, the public wondered angrily, that resumed beating his wife—and his visiting principal and social worker, noting that she Elisa’s case was known to the system, and stepdaughter. was often bruised and had trouble walking, Elisa’s life became an excruciating alter- yet the system so shamefully failed her? reported the matter directly to a deputy di- The Child Welfare Administration, which nation of happiness and horror. The four- rector of CWA’s Manhattan field division, in handles cases of abuse in New York City, year-old took the Friends School’s screening what would be CWA’s fourth notification. first heard of Elisa on Feb. 11, 1989, the day examination and passed. But according to School district spokesman Andrew Lachman of her birth. Her mother was a crack addict Montessori teacher Barbara Simmons, she says the official allegedly replied that the whose addition was indirectly responsible for also began telling people that her mother case was ‘‘not reportable’’ owing to insuffi- her pregnancy: she had lost her apartment, had locked her in a closet. On one occasion cient evidence. School staff then visited the and in Brooklyn’s Auburn Place homeless she volunteered, ‘‘Awilda hits me. I don’t Lopez apartment. To their surprise, Awilda shelter she began a romance with Gustavo want to go to Awilda.’’ Montessori principal ‘‘was very happy to see them,’’ says Izquierdo, who worked at the shelter as a Bryce says she reported suspected abuse to Lachman, and there were no signs of abuse. cook. As her pregnancy progressed, Awilda both the Brooklyn Bureau of Community O’Connor, however, was regretting his rec- was so lost in the pipe that relatives man- Services and a child-abuse hot line—the ommendation to the judge. He received a se- aged to wrest custody of her first two chil- CWA’s second warning about Elisa. In re- ries of hysterical phone calls from Awilda dren, Rubencito and Kasey, from her. The so- sponse, Bryce has said, child-welfare workers complaining that Elisa was soiling herself cial workers at Woodhull Hospital took one made several visits to the Lopez home, ‘‘and and drinking from the toilet and had cut off look at Elisa’s tiny, crack-addicted body and then stopped, as they usually do.’’ her hair. Finally she asked O’Connor to take immediately assigned custody to the father. Izquierdo apparently knew about the mis- Elisa away. Convinced the girl’s symptoms Following standard procedure, they also treatment. A neighbor told the New York had existed prior to her contact with Awilda alerted the CWA. Times that Elisa would wake up screaming but were now driving her mother over the Perhaps to his own surprise, Izquierdo— in the night, that although toilet trained, edge, he rushed to the apartment. ‘‘You who had emigrated from Cuba hoping to she had begun to urinate and defecate uncon- could smell urine and see she had defecated teach dance—turned out to be a wonderful trollably and that there were cuts and everywhere,’’ he says. ‘‘Her toys were thrown father. At first there were panicky calls to bruises on her vagina. In 1992 Izquierdo peti- around. There were feces smeared on the re- female acquaintances about diapers and for- tioned the family court to deny Awilda cus- frigerator.’’ mula, but eventually he mastered the basics. todial rights, but fate intervened before the O’Connor claims he called Elisa’s CWA Every morning he would iron a dress for court could act on his request. By late 1993, caseworker, who told him he was ‘‘too busy’’ Elisa and put her beautiful hair into braids already ill with cancer, he was planning to to come by. Moreover, O’Connor says the or pigtails. When she was four, he rented a take Elisa to Cuba, and perhaps hoping to caseworker never responded to this fifth ap- Queens banquet hall for a party marking her leave here there permanently. Tickets were peal to CWA, despite repeated subsequent baptism. Says a friend, Mary Crespo: ‘‘She bought, but he became too ill to travel and calls. O’Connor took the Lopezs to a city was his life. He would always say Elisa was on May 26 Izquierdo died. hospital for psychiatric counseling, and his princess.’’ Awilda immediately filed for permanent Awilda seemed to calm down somewhat. To It was through her father’s efforts that the custody. A cousin of Izquierdo’s, Elsa O’Connor’s dismay however, she repeatedly princess found her prince. Izquierdo took Canizares, challenged the petition, alleging avoided signing a release that would allow parenting classes at the local YWCA, and he that Lopez was insane and abused the child. him to send his observations to the city enrolled one-year-old Elisa in the Y’s Mon- Bryce wrote in a letter to family court judge agency. By last July she had dropped out of tessori preschool. She was a favorite pupil. Phoebe Greenbaum that ‘‘Elisa was emotion- touch entirely. Says the school’s then director, Phyllis ally and physically abused during the week- There was a reason for that. ‘‘Drugs, drugs, Bryce: ‘‘She was beautiful, radiant. She had end visitations with her mom. Teachers’ ob- drugs—that’s all she was interested in,’’ says an inner strength and a lot of potential for servation notes are available.’’ Bryce also neighbor Doris Sepulveda, who watched the growth.’’ So fond of both father and daughter enlisted the help of Prince Michael, who Lopezes trying to sell a child’s tricycle out- were the Montessori staff members that added his own letter. side their building. Another neighbor, Eric December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18689 Latorre, recalls seeing the whole family out abuse caseworkers or even measure their we like to brag about to our constitu- at 2 a.m. as Awilda sought crack. Awilda had competence. And that is the least of it. The ents back home? What kind of message reportedly come to believe that Elisa, whom city, state and Federal Government have cut does this send to the taxpayers, who she called a mongoloid and filthy little one-sixth from CWA’s $1.2 billion budget. entrusted their dollars—their hard- whore, had been put under a spell by her fa- While Croft estimates her average staff earned tax dollars—to us in the first ther—a spell that had to be beaten out of the member’s case load at 16.9, some workers at child. Neighbors, some of whom say they the agency’s Queens branch put theirs at 25, place? called the authorities, later told the press of a number that almost precludes meaningful Anybody can spend a dollar, Mr. muffled moaning and Elisa’s voice pleading, long-term investigations. ‘‘There are no bod- President, or in the case of Congress, a ‘‘Mommy, Mommy, please stop! No more! No ies available to do the work,’’ says Bonnie great, great many of them. But it more! I’m sorry!’’ Law-enforcement authori- Buford, a supervisor in a Queens child-pro- takes discipline to save those same dol- ties have provided a reason for those cries: tective-services unit. Claims Gail Nayowith, lars, and what I am seeing today is a they say Elisa was repeatedly sexually as- executive director of the Citizens’ Commit- disturbing lack of the kind of dis- saulted with a toothbrush and a hairbrush. tee for Children: ‘‘Case loads are rising. In- cipline it will take to finally balance When her screams became too loud, Awilda vestigations take longer, and some very im- the budget. turned up the radio. portant programs don’t exist . . . This child Elisa stopped attending school, and neigh- What should we do with the $135 bil- and her family should have got services. lion found by the CBO? Exactly what bors say they saw less and less of her. On With appropriate interventions, services and Nov. 15, Carlos Lopez was jailed again for follow-up, [Elisa] would be alive.’’ legislation introduced last week by violating his parole agreement. And on Nov. But she is not alive. At her funeral, the myself and my good friend, Senator 22, the day before Thanksgiving, all that was Rev. Gianni Agostinelli told mourners that MCCAIN, instructs us to do: lock it twisted in Awilda apparently snapped. One of ‘‘Elisa was not killed only by the hand of a away on behalf of the taxpayers for def- her sisters, quoted in the New York Times, sick individual, but by the impotence of si- icit reduction or additional tax relief. reported a chilling phone conversation with lence of many, by the neglect of child-wel- The Taxpayer Protection Lockbox her that night: ‘‘She told me that Elisa was fare institutions and the moral mediocrity Act of 1995 precisely spells out the like retarded on the bed, not eating or drink- that has intoxicated our neighborhoods.’’ process Congress must undertake when ing or going to the bathroom. I said, ‘Take Later, Elisa was laid to rest in the Cypress her to the hospital, and I’ll take care of your actual Federal revenues exceed pre- Hills Cemetery in Queens. There had been dictions. Our legislation ends the abuse other kids.’ She said she would think about discussion about her body: the Izquierdo side it after she finished the dishes.’’ of her family wanted to determine its fate, of taxpayer dollars and returns honesty The next morning Awilda called Francisco but so did the Lopez side. And it seems that to the budget process by creating a new Santana, a downstairs neighbor. ‘‘She was mortuaries, like city bureaucracies, have revenue lockbox. crying, ‘I can’t believe it, tell me it’s not rules for such situations. Regardless of the As we all know, Congress acknowl- true,’’ ’ he says. When he arrived at her circumstances, the custody of the body goes edges the CBO as Government’s voice apartment, she showed him Elisa’s motion- to the mother. of authority when it comes to accu- less body. He put his hand to the child’s cold rate, conservative, nonpartisan eco- forehead, pronounced her dead and spent the Mr. GRAMS addressed the Chair. next two hours pleading with Awilda to call The PRESIDING OFFICER. The Sen- nomic projections. the police. When he finally called himself, he ator from Minnesota. Congress relies on those CBO projec- says, she ran to the apartment roof and had f tions when we estimate the amount of to be restrained from jumping. When the po- tax revenues that will come into the lice arrived, she confessed to killing Elisa by THE CBO IS NOT SANTA CLAUS Treasury over the life of our 7-year bal- throwing her against a concrete wall. She Mr. GRAMS. Mr. President, I want to anced budget plan, and then we use confessed that she had made Elisa eat her talk a little bit this afternoon about those revenue estimates to determine own feces and that she had mopped the floor budget numbers and budget dollars. the extent to which Federal spending with her head. The police told reporters that To hear the talk on Capitol Hill, you can grow without resulting in a budget there was no part of the six-year-old’s body deficit in the year 2002. that was not cut or bruised. Thirty circular would think that Christmas came early this week and that the Congressional While these estimates by the Con- marks that at first appeared to be cigarette gressional Budget Office are generally burns turned out to be impressions left by Budget Office was playing the part of the stone in someone’s ring. ‘‘In my 22 Santa Claus, because on Monday, the on the mark, they are only estimates, years,’’ said Lieut. Luis Gonzalez, ‘‘this is CBO released its revised revenue pre- of course, and the revised forecast is- the worst case of child abuse I have ever dictions for the next 7 years, producing sued by the CBO this week illustrates seen.’’ an unexpected $135 billion windfall over the inherent problem with forecasts: O’Connor sits in his Brooklyn office and the life of our 7-year plan to balance Changing conditions mean forecasts fields calls from the media. ‘‘We made a mis- the Federal budget. need to be updated. take,’’ he says grimly. ‘‘We will try to make And as we move closer to a balanced sure this never happens again.’’ Looking And would you not know it, like kids let loose under a package-packed budget, they will need further updating back, he says, ‘‘I should have thrown bombs to take into account the additional in the CWA’s doorway.’’ The initials them- Christmas tree, President Clinton and dollars our balanced budget plan will selves infuriate him. At least, he says, ‘‘we Congress are scrambling to snatch up generate for the Treasury. After all, we will say our mea culpa. We’re not going to the dollars for their own holiday spend- are including tax relief designed to run behind confidentiality laws and not ing spree. stimulate economic growth, create new admit we’ve made a mistake.’’ Mr. President, I did not come to the He is referring to an aspect of the trag- jobs, and turn tax users into productive floor to be the Grinch Who Stole edy’s aftermath that has dumbfounded the taxpayers. city. The people of New York could do noth- Christmas, but let’s take a step back Any additional dollars, however, ing about Awilda’s drug-induced delusions or and ask ourselves just what we’re should not be used to feed Congress’ ap- her timid neighbors. But they wanted an ac- doing here. We’ve got a deficit today of petite for spending. Instead, any addi- counting from the CWA. Instead, Executive $164 billion and a national debt of near- tional revenue that results from our Deputy Commissioner Kathryn Croft has ly $5 trillion. balanced budget plan ought to be re- steadfastly maintained that state confiden- We are dangerously overextended on tiality laws designed to protect complain- turned to the taxpayers in the form of the Government’s credit card. Yet tax relief or deficit reduction. ants prevent her from revealing any details when the revenue forecast says we will of a case. Thus the public may never know These dollars were born of the hard how many cries for help the agency actually have $135 billion more than we thought work and productivity of the American recorded or what it did about them. It may we would have by the year 2002, what people—it makes sense to give those never know whether the CWA really made an are we thinking when the first thing dollars back to the taxpayers and en- extended effort to observe Awilda before we want to do is rush out and squander courage even greater productivity. making a recommendation to Judge Green- it on a taxpayer financed holiday And that is just what our revenue baum—or whether a caseworker was really spending spree? lockbox does. It requires that any reve- ‘‘too busy’’ to return a call. If that is how this Congress is going nues above and beyond current esti- What the public could surmise, however, was that something was amiss. Last week to conduct itself, we are no better than mates be used for tax cuts and/or defi- someone leaked an Oct. 10 letter from CWA the 40 years of past Congresses that got cit reduction. Commissioner Croft to Mayor Rudolph us into this fiscal mess to begin with. It ensures taxpayers that their hard- Guiliani, complaining that city staff cuts Where is the commitment to chang- earned dollars will no longer be auto- make it impossible for her to train child- ing Washington’s free-spending ways matically spent by Congress, ending S 18690 CONGRESSIONAL RECORD — SENATE December 15, 1995 the misguided notion here in the belt- more Federal spending at the tax- me, and I cannot tell you, Mr. Presi- way that tax dollars belong to the Gov- payers’ expense, and you won’t find a dent, what schools in Wyoming are ernment, rather than the taxpayers. more vivid illustration of just why we using direct lending. I know that in Imagine the dramatic deficit reduc- need the deficit lockbox and the pro- every State outside of Alaska there are tion we could achieve if, instead of tections it would provide. schools using direct lending. It is inter- plowing the CBO’s $135 billion into If there are any extra dollars in the esting that not a single college or uni- more social spending, against the wish- Federal budget, they should be re- versity that has direct lending wants es of the taxpayers, we dedicated it to- turned to the millions of American tax- to go back to the old system. We just ward eliminating the deficit. payers who finance this Government received a report from the Colorado How much sooner would we balance every day with sweat and blood, not to State auditor saying that the Univer- the budget and start down the road to- Congress or the White House for bigger sity of Colorado is saving $192,000 a ward a debt-free future for our children Government. year under direct lending in book- and grandchildren if we invested that I do not know what it will take to keeping and other personnel costs. $135 billion in their future, and not on convince me that President Clinton Let me respond to the specific another quick fix for the big spenders and the big spenders on Capitol Hill are charges or statements. It said under in Washington? truly serious about getting Govern- the plan that the President vetoed, all After all, if the politicians have their ment spending under control, but I do students could get flexible repayment. way, how much of that $135 billion will know they will never do it by trying to Under direct lending if you want to, truly be spent meeting needs, and not compete with Santa Claus. you can have income-contingent repay- simply offering dessert? If they want to don red suits and ment, that a percentage of your income Or imagine what we could do for the beards and finance more Government can be set aside for repaying a loan. taxpayers of this Nation—who have agencies, more bureaucrats, and more That was not the case under the old been forced every year to finance the Federal programs, they will have to program. The actual language of the political agenda of a Congress that cut spending somewhere else to pay for bill is, Mr. President, that a lender simply never learned to say ‘‘no’’—if them. The holiday season may be a ‘‘may,’’ at the discretion of the lender, we handed them back that $135 billion time for giving, but the taxpayers have offer the borrower the option of repay- in the form of tax relief? ing the loan in accordance with an in- Have we forgotten that it is their already given until it hurts. You can call me old fashioned, but a come-contingent repayment schedule. money to begin with, not the Govern- That is very different from saying they ment’s? Mr. President, it is as if you gift that reflects the true spirit of Christmas is not about giving in the ‘‘shall.’’ In other words, banks ‘‘may’’ and a friend were walking down the do it. But, of course, banks could do it street and happened across a wallet hope of getting something back in re- turn. It is about giving something from before. The reality is very few banks plump with cash. For most of us, there are going to do it except if they are is no moral dilemma—it is not our the heart. A balanced budget is that kind of under competition from direct lending money. gift, Mr. President. You cannot wrap and they think they have to. We would return it to its rightful Also, added in conference on the in- owner, no questions asked. Well, there up a balanced budget, or engrave it, or put it under a Christmas tree. It is not come contingent, on income contin- is apparently no moral dilemma for gent, you repay for 25 years. At the end Congress, either—it would spend the the kind of gift that will score you points with relatives looking for a holi- of 25 years if you become a nun or if money, even $135 billion dollars, long you enter some work where you do not before the wallet’s owner even realized day handout or get you in good with the boss or impress a neighbor. receive income, at the end of 25 years it it was missing. is forgiven. In conference, it kept that By dedicating it toward tax cuts, You cannot really hand it to anyone forgiveness, but said the interest would Congress could do a lot of good with and get a thank you in return. You be paid to the banks no matter what. the CBO’s $135 billion in unexpected can, however, look into the faces of The claim was that the plan the Presi- revenue. What about expanding the tax those who will someday appreciate this dent has vetoed would double the di- relief provisions already called for in gift most of all—our children and rect loan program from 5 percent to 10 our Balanced Budget Act? grandchildren, because once the Fed- We could make the $500 per child tax eral budget is balanced, they will fi- percent. The reality is 10 percent of the credit be retroactive back to January nally be free. That, Mr. President, will schools had it the first year. We are in 1, 1995, and help offset the devastating be the greatest Christmas gift Congress the second year now and almost 40 per- effects of President Clinton’s retro- could deliver this holiday season—that cent of the schools in the Nation now active tax increase in 1993. is, to work out a balanced budget be- have direct lending. It is just univer- We could make the $500 per-child tax fore we leave on December 22. sally popular. We have, in Illinois, 67 credit refundable against payroll tax Thank you, Mr. President. schools using direct lending now. I liability, enabling lower-income, work- I yield the floor and suggest the ab- have yet to hear anyone say that it ing Americans the opportunity to keep sence of a quorum. does not work. more of the dollars they so desperately The PRESIDING OFFICER. The One of our colleagues cited an op-ed need to keep their families fed and clerk will call the roll. piece in the Washington Post saying clothed, with a secure roof over their The legislative clerk proceeded to there is no cost difference to the Fed- heads. call the roll. eral Government between direct lend- We could eliminate the marriage pen- Mr. SIMON. Mr. President, I ask ing and the old system. Now, if there is alty this year—not 7 years from now. unanimous consent that the order for no cost difference, then give colleges We could empower senior citizens to the quorum call be rescinded. and universities the choice. The reality once again become productive members The PRESIDING OFFICER. Without is the op-ed piece in the Washington of the workforce by repealing the So- objection, it is so ordered. Post did miss several points that Sec- cial Security earnings limit—another f retary Riley mentioned in the letter to the editor. One of the very fundamen- tax increase imposed by President STUDENT DIRECT LENDING Clinton in his 1993 budget. tal points is that under direct lending, We could index the capital gains tax Mr. SIMON. Mr. President, I under- when the Federal Government issues back to an earlier date as well. stand that two of my colleagues spoke bonds, we collect income tax on those Mr. President, by intelligently utiliz- in opposition to direct lending this bonds, on the interest on those bonds. ing the CBO’s new forecasts, there are morning on the floor of the Senate. I When guaranty agencies issue bonds, a great many things we could do to ex- will respond to what I had been told by those are nontaxable bonds. The dif- pand on our promise to the American my staff was said on the floor. ference, over a period of 7 years, is people to cut their taxes while we are First, just by way of background, let about $1.3 billion. The Congressional balancing the budget. me just say there are 1,350 colleges and Budget Office says if you apply the But blocking our way is a White universities that now have direct lend- present law—not the cooked books of House intent on financing more and ing. I do not have the list in front of the budget that was passed—to both December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18691 programs, direct lending saves $4.6 bil- It was noted in the newspapers the ests, wilderness, and a substantial lion. day before yesterday that the banks of amount of Bureau of Land Manage- The claim is that the direct lending America had their best quarter ever ment [BLM] lands which are the lands transfers the loan program from the this last quarter. I am pleased with that were residual lands that were private sector to the Government. that. Maybe like the Presiding Officer, never taken up in homesteading but re- Now, it is true that some of the banks I have a mortgage on my home. I want mained in Federal ownership—never clearly are private sector, though as those banks to stay in good health. I withdrawn for any particular purpose, our former colleague, Senator David want these pages, in the years to come, as was the case with the forests or the Durenberger—and the Presiding Officer to be able to get mortgages. I want parks or the wilderness areas—but, all did not have the chance to serve with banks to be healthy. But I do not want in all, more than half of Wyoming. And him here in the Senate, but he was a to subsidize banks and call it student it is much higher in other places. Ne- very thoughtful Member of this body,— assistance. I want to give colleges and vada, as I recall, is 87 percent federally Senator Durenberger, in comments to a universities the choice. owned. group of bankers when they said, If there is no cost to the Federal Gov- So the management and the eco- ‘‘Let’s use the free enterprise system,’’ ernment, as the Congressional Re- nomic decisions that are made with re- said, ‘‘This is not free enterprise; this search Service says, by having the spect to these lands are very important is a free lunch.’’ choice, or if, as the Congressional to these multiple-use lands. Some of When you build into the law what the Budget Office says, we save money, by the land, such as Yellowstone Park, profit is and you say we will give you all means we ought to give colleges and Teton Park, and Devil’s Tower, of 98 percent to 100 percent of the profit, universities the choice. I think it will course, are set aside for a very specific that is a pretty good deal. The average mean the difference between hundreds and peculiar purpose because they are bank makes more money of thousands of people going to college unique lands. We are talking about percentagewise on a student loan than or not going to college. those that are for multiple purposes on a house mortgage or a car loan— One of the other great advantages of managed by the BLM or managed by more than any other transaction other direct lending that I did not mention the Forest Service. than a credit card transaction. earlier is it is open to everyone. Under One of those purposes is grazing. Then the guaranty agencies operate the old open loan program, you have to There are many others, of course, such with our money. The Inspector General fall below a certain income level and as hunting, fishing, recreation, mining, of the Department of Education says you have to meet other criteria. This is oil and gas, and coal. Much of the coal there is $11 billion worth of Federal open to all American citizens and all in Wyoming, which is the largest pro- money at risk with the guaranty agen- people who are legally in our country. ducer of coal in this country, is on pub- cies. There is one in Indiana, for exam- It is much more simple, reduces paper- lic lands. Of course, those activities ple, where the chief executive officer of work—it is a great program. produce royalty fees that are paid both that guaranty agency set up with Fed- Sometimes Government does things to the Federal and State Governments. eral funds—and I fault myself for not that, frankly, embarrass us who serve The reason for our bill is something being more careful, along with others, in Government. Here is an instance of a response to the problems that have in setting this up—his pay is $627,000 a when Government does something we been created, I believe, by the efforts of year. Not bad when we pay the Presi- can be proud of. I hope, when the dust the Secretary of the Interior over the dent of the United States $200,000 a settles on all this, we will keep the op- last 3 years to reform rangeland regu- year. That guaranty agency spent tion of direct lending for the colleges lations, which is basically, we believe, $750,000 to lobby against direct lending. and universities of the country. to bring more and more of the deci- This is, indirectly, Federal money. Mr. President, I note no one came sions to Washington, while our purpose The claim was made that the Edu- rushing to the floor to hear my re- is to bring more of the decisions closer cation Department has to hire 400 new marks. I do not see anyone here re- to the people who are governed. people to run the direct loan program. questing the floor, so I suggest the ab- For the first 2 years that this admin- The reality is that a fraction of the sence of a quorum. istration was in place, particularly this number of people are required because The PRESIDING OFFICER. The Secretary of the Interior, there was a you are not dealing with 7,000 different clerk will call the roll. great deal of controversy going on. The credit agencies—banks and guaranty The bill clerk proceeded to call the ‘‘war on the West,’’ which most of us agencies. It is a much more efficient roll. believe is a genuine war on the West, system. Mr. THOMAS. Mr. President, I ask has been staged. There were many vis- I mentioned the University of Colo- unanimous consent that the order for its there by the Secretary and people rado. They testified before us, and they the quorum call be rescinded. related to the Interior Department in said they have been able to use two less The PRESIDING OFFICER (Mr. an effort to talk and to come to some personnel to advise students, and they GRAMS). Without objection, it is so or- conclusion. And, quite frankly, none have canceled four computers that dered. was ever agreed to. The longer the they had leased, and they saved sub- f talks went on, the more controversy stantial amounts of money. there was. GRAZING REGULATIONS ON The statement, ‘‘We should balance So in the Congress we have sought to PUBLIC LANDS the budget without cooking the put together a grazing bill, and have books’’—I could not agree more. And Mr. THOMAS. Mr. President, let me passed one. The purpose of it is to react the budget, unfortunately, as the Chi- bring up a subject that is very close to to these regulations put forth by the cago Tribune mentioned, does ‘‘cook my heart, to my State of Wyoming, Secretary which were generally unsat- the books.’’ and to the West. This is an issue that isfactory to the West. The simple reality is sometimes Gov- I hope we will be dealing with in the Let me talk just a moment about ernment does something that is right. next week or so, and it has to do with some of the things that are involved. Sometimes Government does some- regulations on grazing on public land. One is public participation. This is thing that is wrong. The old GI bill, That is not a topic that is of great in- public land. We understand it is public that the Presiding Officer may be too terest to everyone, but it is one that is land. The decisions that are made there young to remember, the old GI bill was of great interest to that region of the should provide opportunities for people a Government-run program that was a country. You have to sort of get a lit- to participate, not only those who will great program. Direct lending is a Gov- tle feel for what that means to public be involved in the activity, whether it ernment-run program. It simplifies land States before you go into the de- be grazing, or whether it be oil, or things. It cuts out the middleman. If tails. whether it be fishing, but anyone who we want to have an ‘‘assistance to The State of Wyoming is 100,000 has an affected interest. This bill pro- banking act,’’ let us call it that. Do not square miles, half of which is owned vides for that. label it assistance to students and then and controlled by the Federal Govern- This bill was passed last summer, and have an assistance to banking act. ment. In that, of course, are parks, for- there was a good deal of discussion S 18692 CONGRESSIONAL RECORD — SENATE December 15, 1995 about it in the country. We went back side of the Union Pacific Railroad, really interested in reforming these again several weeks ago and did it which was encouraged to develop the programs. again in the committee and, hopefully, West, every other section was given to According to the critics, the Repub- will have it on the floor. Public partici- the railroad to do this, and the other licans were only hunting for budget pation was broadened and ensured. sections remain public. They are still savings without regard to sound public There was a notion, when the bill that way. It is called the checkerboard. policy. And to its credit, the Post real- came forth, that it made grazing the These are lands—this is not Yellow- izes this is empty campaign rhetoric dominant use over other uses in mul- stone Park—that are arid, high plains, and there is, indeed, much more at tiple use. Not true, nor was it intended not particularly productive. So there stake. to. However, as we came back we spe- are no fences, of course. Indeed, you But while the Post concludes the cifically put language into the bill that really cannot afford to fence it because Federal mandates in Medicaid must be says there is no dominant use. Grazing it takes anywhere from 50 to 60 acres preserved, Republicans believe they is not a dominant use. It is a multiple for an animal unit, and it is shared must end precisely for the same reason. use, and these uses should have a full with antelope, deer, and with elk in Who should decide how much more opportunity. some places. than $1.5 trillion should be spent on Environmental protection. The envi- So what I am saying is that these health care over the next 7 years, the ronmental protection under this will lands are not independently able to bureaucrats in Washington or the Gov- continue to be there as it has been be- function. The same is pretty much true ernors and State legislatures? Spending $1.5 trillion represents tre- fore. Laws like endangered species, with the whole State in terms of mendous power. The Republican pro- NEPA, and others will apply, of course, ranches. When the lands were settled posal to invest this responsibility in as the decisions are made by the De- under the various settlement acts, the the States represents a sea-change in partment. homesteaders, of course, took up the how Government works. This realiza- Standards and guidelines—which riverbeds, streams, water, the trees, tion shakes Washington to its very does not mean a lot to most of us—has and took up the best of the land, obvi- core. If we are successful, Washington been the core of much of the problem. ously. That which was left is now in will no longer be the center of this Standards and guidelines means the Federal ownership. It is very difficult power and that is precisely why so rules that will be laid down in Wash- to separate those two things both from much effort is being made to scare peo- ington for the conduct of this whole the standpoint of livestock and from issue. We believe, those of us in the ple about the Republican proposals. the standpoint of wildlife. Livestock This debate over Medicaid is just one West, that the main thrust of the Bab- needs to have the winter feed, the chapter in the larger struggle over our bitt operation was to bring these water, and the cover, but in the sum- system of federalism. The debate goes standards and guidelines more to mertime needs the grass to be able to to the heart of our beliefs about 50 sov- Washington and that we would have a graze on public lands. ereign States united together as a na- one-size-fits-all kind of a thing that The other side of that, of course, is tion. The partnership between the Fed- was sent out from Washington to all of that the wildlife, which basically lives eral Government and the States in run- the Western States. Our bill provides on the public lands, needs in the winter ning the current welfare system has that local universities, local State ag- to have the water and the water devel- been a pretense in the recent past. Over riculture departments, would be in- oped by the ranchers in their private the past few years, the partnership has, volved in the establishment of stand- land. in fact, been an adversarial relation- ards and guidelines. We think that is Mr. President, we look forward to ship, based on mutual distrust, sus- important. finding a way in which these public picion, and threats. President Clinton Fees. The secretary does not deal lands can be managed to the benefit of understand this when, as a Governor a with fees. We have set up a fee for the the public, to the benefit of this coun- few years ago, he joined 47 other Gov- grazing program that is based on the try, and to the benefit of those users in ernors to petition Congress for a mora- value of cattle in the marketplace at a Wyoming. torium on new Medicaid expansions. particular time and raise the fees over I thank you very much. I yield the Despite the pleas of the Governors, what have been paid by about 30 per- floor. I suggest the absence of a there was no moratorium. Medicaid cent. quorum. costs tripled between 1985 and 1993. In So, Mr. President, we hope that this The PRESIDING OFFICER. The 1980, Medicaid spending accounted for bill will come before Congress. We clerk will call the roll. about 9 percent of all State spending. think it is a reasonable bill that, again, The bill clerk proceeded to call the In 1990, it accounted for about 14 per- provides for multiple use and provides roll. cent of State spending. Medicaid now for the economic future of the West. Mr. ROTH. Mr. President, I ask unan- consumes 20 percent of State spending. It has always been curious to me that imous consent that the order for the This trend is a threat to our system States who came into the Union on an quorum call be rescinded. of federalism. As Medicaid places equal basis, according to the Constitu- The PRESIDING OFFICER. Without greater fiscal demands on States, they tion that there should be equity among objection, it is so ordered. have been forced to reduce their per- the States, but that a Cabinet Member Mr. ROTH. Mr. President, I ask unan- centages of spending on education, in Washington can have more impact imous consent that I may speak as in transportation, and other vital govern- on the economic future of Wyoming morning business. mental services. For example, the Gen- than anybody in Wyoming, to make The PRESIDING OFFICER. Without eral Accounting Office reports that rules for 50 percent of the State, a objection, it is so ordered. Medicaid nearly equals the State ex- State that is very oriented to minerals, f penditures for elementary and second- very oriented to agriculture, and agri- ary education combined. This is a very REFORMING MEDICAID culture is based on cattle and sheep. important yardstick as education has So we think this is a reasonable, bi- Mr. ROTH. Mr. President, according generally been the largest segment of partisan effort which will be brought to a familiar advertisement in the Na- State budgets. Without reform, there before the Senate, hopefully before the tion’s Capital, ‘‘If you don’t get it, you will be no choice about how States will end of the year, and will give some sta- don’t get it.’’ Anyone who read the De- determine priorities among important bility to a way of life. cember 12 editorial in the Washington services, the funds will simply go to It is also important—and I hope later Post entitled ‘‘Budget Sticking Point,’’ Medicaid. Washington has seized the when I come back, and I know you are now gets it and understands there is, power of decisionmaking from those anxious to hear more—that we will indeed, a historic struggle being waged elected officials closest to the people. have a map. It is important to see the over Medicaid. The significance of reversing this way ownership patterns exist in the Over the past several months, the quiet coup has been distorted by those West. For example, one of the things local liberal spin on the Republican who share in the power gained by it. that happened in the development of proposals on welfare, Medicaid, and The argument that the poor and the in- the railroads is that 20 miles on either Medicare, has been that we were not stitutions which serve them will be December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18693 stranded by the States is simply Utah’s Medicaid Program provides 30 vents the States from serving our citi- wrong. As the power is drained from percent more benefits than these pro- zens even better. Washington, all Americans, including vided to the average worker in the pri- Mr. President, the Washington Post those who depend on others for their vate sector. Yet the Federal Govern- was correct to point out that the Med- access to health care, should eagerly ment has prohibited Utah from leveling icaid debate is not just about money, anticipate the reciprocal actions to the Medicaid benefits to 118 percent to although we must not overlook the im- take place in the States. the average private sector plan. The portance of our securing our economic Freed from the current adversarial Governor would have used the savings future through achieving a balanced system, the States will be able to de- to extend coverage to people who are budget. The Post prefers to promote sign their own unique methods to help currently uninsured, but the Federal the current Medicaid system above the families overcome adversity. States bureaucracy refused to approve this interest in restoring the balance of will find more innovative ways to use initiative. power between the States and the Fed- this money to help families than Wash- Through a decision by the Secretary eral Government. In doing so, it has ington ever imagined. Under the Re- of Health and Human Services, the failed to recognize that Medicaid is publican proposal, State governments working families of Utah are required drawing resources away from education will be empowered to use Medicaid dol- to support a system which provides and other vital services. Moreover, the lars to act in the same manner as the better benefits than they purchase for future ability of the States to preserve private sector to lower costs while at themselves. This is the system the ad- their constitutional role in our system the same time improve quality. ministration insists it must safeguard. of federalism should not be so lightly Medicaid reform will trigger a series This has nothing to do with protecting dismissed. In a landmark case about of benefits throughout the States. Last the vulnerable. federalism, Supreme Court Justice year, President Clinton was right when Medicaid reform is needed to elimi- Sandra Day O’Connor warned, ‘‘all that he stated that ‘‘the health care issue is nate wasteful and unnecessary duplica- stands between the remaining essen- an important part of welfare reform.’’ tion. Under current law, States, are re- tials of State sovereignty and Congress Although his solution was fatally quired to screen individuals entering is the latter’s underdeveloped capacity flawed, he correctly identified the real nursing homes to prevent inappropri- for self-restraint.’’ Our system of fed- issue before us now. The President ate placement. California has per- eralism is truly reaching in crossroads said, formed 80,000 such screenings each year and Medicaid is one of the landmarks since 1989 at a total cost of $28.5 mil- which will guide our choice. The biggest problem we’ve got with welfare lion. Only five individuals have been for a lot of people is that—remember if At its core, the Republican proposal you’re poor, on Medicaid and no welfare, identified by this mandated program as to reform Medicaid is about rediscover- your children get health care. If you take a having been inappropriately placed. ing our fundamental principles about minimum wage job in a business that doesn’t That is a cost of $5.6 million per indi- Government by consent. Franklin Roo- have health insurance, you have to give up vidual identified as needing a more ap- sevelt once stated that: your kid’s health care to go to work. propriate placement. What interest It must be obvious that almost every new Mr. President, this is precisely why does this serve? Certainly not the in- or old problem of government must be Medicaid reform is so vital. The terest of the taxpayer nor the recipi- solved, if it is to be solved to the satisfaction present system traps families into wel- ent. Finding the right nursing home of the people of the whole country, by each fare dependency. The current scheme is setting just takes plain common sense, state in its own way. laden with perverse disincentives. not the Federal bureaucracy. Mr. President, this simple statement Many families will return to work and Those who insist on maintaining the captures so clearly and so precisely no longer need cash assistance, if the status quo are scaring the elderly and what the Republicans are proposing to power of Medicaid dollars is used in the disabled. In truth, these needy citizens the American people. There is no great- marketplace to secure health care for have nothing to fear from the Repub- er threat to our democratic institu- low-income families. For example, the lican proposal. The Post editorial is tions today than the consolidation of General Accounting Office recently re- rooted in the past. For a glimpse at the power in Washington. It is time to free ported that Tennessee has extended future, I recommend an article by Mas- the States and our citizens from the coverage to several hundred thousand sachusetts Gov. William Weld entitled, chokehold of the Federal Government. newly eligible individuals while in- ‘‘Release Us From Federal Nonsense,’’ The Post has this much right—the creasing expenditures by less than 1 which appeared in the Wall Street fight is not just about the Federal percent. State officials in four States Journal this past week. Governor Weld budget. There is indeed so much more with demonstration waivers estimate states that: at stake. as many as 2 million previously unin- Before we privatized mental health serv- Mr. President, I ask unanimous con- sured individuals can be provided with ices, patients were warehoused in state insti- sent a copy of the Washington Post edi- tutions; now we save $60 million a year, and torial and a column by Governor Weld coverage while yielding savings of the patients live in less intrusive settings about $6 billion over 5 years. that almost everyone agrees are much more be printed in the RECORD. Over the past several years, large pri- humane. In case after case, not only did we There being no objection, the mate- vate employers have used their muscle not hurt the poor, the elderly, and the vul- rial was ordered to be printed in the in the marketplace. Private sector em- nerable, we managed to do a lot better by RECORD, as follows: ployers and, I might add, the Federal them than previous administrations. [From the Washington Post, Dec. 12, 1995] Government for its own employees, It has been the States which have BUDGET STICKING POINT have been using competition in ways to protected the dignity of so many by If the current budget talks break down, the simultaneously lower costs and in- helping disabled individuals to live hang-up likely won’t be money. The parties crease quality. with their families. The States under- will split instead on the ancient question: To In Medicaid, however, we have wit- stand disabled individuals need a con- what extent should the federal government nessed the opposite effect. The Boren tinuum of care and a variety of serv- guarantee a minimum standard of living, or minimum level of benefits, to the poor? The amendment, for example, has been used ices including medical care, income crucial battle-ground in this will be Medic- to actually bid the price of nursing support, nutrition assistance, edu- aid, by far the largest federal ‘‘welfare’’ pro- home care up higher. Between 1980 and cation and training, transportation, gram through which the federal and state 1985, Medicaid payments for nursing and social services. Devolution of au- governments together help pay the health home care increased by an average of thority will improve the coordination care bills of lower-income children and the 7.8 percent annually. In 1989, payments and quality of services. Advocacy is needy elderly and disabled—all told, about a had increased by 8.8 percent from the strongest at the closest point of serv- seventh of the population. previous year. But after a key Supreme ice. While Washington works to protect The money issues won’t be easy. But Con- gress deals with money issues all the time, Court decision on the Boren amend- programs, the States are in a superior and the differences between the parties are ment in 1990, Medicaid payments for position to protect the interests of peo- already starting to melt. The Congressional nursing home care increased by 17 per- ple. It is the arrogance of Washington, Budget Office has freshened the economic cent in 1991. as Governor Weld describes, that pre- and programmatic assumptions on which its S 18694 CONGRESSIONAL RECORD — SENATE December 15, 1995 estimates of future deficits are based, and in the Walker Evans photographs from the lift the tax burden on low-income working more than $100 billion of the problem has dis- thirties. We embraced the future some time people. appeared. An agreement to adjust Social Se- ago. When we made changes to Medicaid, we curity benefits and such features of the tax Most of us already have cleaned up our heard that we were abusing the poor. But be- code as the personal exemption and standard budgets to eliminate deficits; we’ve cut fore we put Managed Care Medicaid in place, deduction by less than the full inflation rate taxes; and within the handcuffs the federal most poor children had no primary care phy- for a number of years could raise many bil- government has put on us, we’ve improved sician, and many weren’t getting their shots. lions more. If the Republicans will then our social services while cutting the bloat. Now a little girl with an earache doesn’t backoff their tax cuts a little while the For example, it’s been clear for years that have to report to an emergency room to get Democrats ease their opposition to a Medi- the federal welfare system is an abomination medical attention; she has her own doctor care cuts, you’re close to home. Except for that lays families to waste; Senator Daniel who knows her by name. And we’ve got advo- the basic question: What should be the fu- Patrick Moynihan’s been saying this almost cates praising our Medicaid program in pub- ture federal role, particularly with regard to since he was in short pants. But year after lic. assisting the poor. year welfare bills have been passed without Before we privatized mental health serv- The Republicans basically think the fed- Congress doing anything about the most ices, patients were warehoused in state insti- eral government should do less, and the glaring problems in the system, until finally tutions; now we save $60 million a year, and president has already done a fair amount of the states gave up on Washington, applied the patients live in less intrusive community retreating on the issue. The current welfare for waivers, and took things into their own settings that almost everyone agrees are program embodies a federal guarantee of aid hands as far as the federal government would much more humane. In case after case, not to needy single parents and their children; permit. only did we not hurt the poor, the elderly he has indicated he would sign a welfare bill So when Washington Democrats character- and the vulnerable, we managed to do a lot dropping that. He has indicated a willingness ize our enthusiasm for block grants as better by them than previous administra- to limit future housing aid by capping the naivete´—or worse, a perverse desire to begin tions. appropriations on which it depends as well. some race to the basement—they’ve missed Our experience is not unique. All across That leaves three other major federal pro- the point entirely. If the federal government the country, creative governors are aggres- grams for the poor—Medicaid, food stamps would just release us from its bureaucracy sively dealing with problems Washington is and the earned-income tax credit, which and nonsense, we’d make these programs just beginning to wake up to. So if the ques- stretches the wages of lower-income workers better for those they serve, and we’d do it for tion is whether state governments are re- with children. On these the president has less money. sponsible enough to dispense welfare and said to Democrats and advocacy groups un- I think our experience in Massachusetts is Medicaid funds in our own way—we’re more happy with his welfare and housing conces- instructive. than ready. sions that we will not give major ground but By the time I was elected governor, Massa- Not only can we handle that responsibility, will hold the line. The Republicans, though chusetts had achieved a high state of refine- it’s rightfully ours. The 10th Amendment of they’ve proposed deep cuts and assorted ment. Our Department of Corrections was the Constitution says quite plainly that the structural changes in all three of these pro- under the wing of the Human Services Of- powers not expressly given to the federal grams, have indicated that on food stamps fice—as if it were the taxpayers’ obligation government are reserved to the states and to and the tax credit they don’t care that much; to help them have more children they the people. And common sense dictates the they themselves are divided. couldn’t support. We had a new sales tax on same thing. On the structure of Medicaid, though, they business services—as if that were the best Government ought to be as local as pos- have said there will be no give, and there you way to celebrate a thriving service economy. sible, as close to the people as it can be, be- are. They want to go to a system of block And our economy was falling to pieces; we cause generalities rarely get the story grants, cut projected federal spending sharp- were regularly releasing violent criminals straight. So in my operation, we’re doing ly, cut what the states must put up to get back to the streets to continue their may- some devolving ourselves, putting all the their federal funds, and largely let the states hem; and we managed to achieve the highest regulatory functions of government under a decide how and on whom the money will be rate of out-of-wedlock teen births in the single office and sunsetting the entire 25,000 spent. This would pretty well eliminate the country. pages of the Code of Massachusetts Regula- federal guarantee that the needy young and We began getting Massachusetts’ fiscal tions, so our cities no longer have to apply elderly could count on a certain level of house in order by taking on the ‘‘budget- to a half-dozen state agencies every time care. The President rightly wants to pre- busters,’’ and many of them were the same they want to put up a stop sign or a curb cut. serve the guarantee. He would meanwhile ugly mugs the federal government is facing When it comes to social programs, the cut projected costs by capping the annual in- right now. states shouldn’t have to beg Washington for crease per beneficiary—the right way to do In the four years before I was first elected the right to put up a stop sign. The welfare it. governor (1990), Medicaid costs in Massachu- reform law my state passed this year is full Much more is at stake in this than just a setts rose by 20% a year. With Managed Care of badly needed stop signs. It includes a fam- balanced federal budget and the balance of Medicaid, we brought that down to 3% a ily cap that will allow us to cease subsidizing power between the federal government and year. illegitimacy. It requires those with school- the states. Medicaid is not just a major fed- We took on welfare, too—a state entitle- aged children to go to work within 60 days. eral cost and major source of aid to state and ment program known as General Relief, and It requires teenage mothers to live at home local governments; it is the insuror of last it was mighty general indeed. The conditions and finish high school, so they’ll have a shot resort in the health care system. Especially that got you on the rolls were so loose that at something better than welfare. It puts a if even costlier Medicare is to be to shaken if you were over 45 years old, overweight and two-year limit on benefits, so welfare will be up and cut, Medicaid needs to be preserved to without a stable work history, you qualified. what it should be—a temporary leg up, not a protect the vulnerable. The alternative is In other words, I qualified. permanent lifestyle. And it allows our Com- even more people uninsured; the poor, the We replaced General Relief with an emer- missioner of Transitional Assistance to states and the hospitals and other institu- gency aid program for the elderly, the dis- make exceptions for hardship cases. tions that serve the poor would all be strand- abled and children, and managed to save $100 For every change we wanted to make, we ed. This fight is not just about the federal million out of a $14 billion budget, just by had to ask Washington’s permission for a budget and the federal role. It’s about that. targeting the help to those who really need- waiver of federal law and then put up with ed it. half a year of paper pushing and haggling. [From the Wall Street Journal, Dec. 11, 1995] Advoctes predicted a ‘‘bloodbath.’’ They Ultimately, the Clinton Administration re- said we’d have people starving in the streets. fused to grant us one of the cornerstones of RELEASE US FROM FEDERAL NONSENSE But nothing of the sort ever happened, and our plan, the two-year limit. (By William F. Weld) the doomsday scenarios faded away. In fact, The irony here is that our law passed with Right now, America is well on the road to a quarter of our General Relief customers the overwhelming support of a Democratic block-granting welfare, Medicaid, and job didn’t even bother to reapply. Legislature. It’s sheer arrogance for Wash- training, and allowing the states to shape All along the way, we stepped on special ington to think it knows better than Massa- these programs to fit their own ends. And interests who used the same scare tactics chusetts what Massachusetts needs, but the most of the nations’ governors say a mighty we’re seeing today in Washington. But these current waiver system encourages that arro- hurrah. tactics are far less effective when they are gance. If President Clinton really wants to Washington Democrats, however, talk used in one’s own district, because voters end welfare as we know it, he should sign the about this shift of power from the federal can more easily see how their money is being bill ending welfare as we endure it. government to the states as if it represents spent and, often, misused—another argument Washington has long tried to direct our life a return to a more primitive time—to an for letting states take care of their own. here at sea level from the summit of Mount America without indoor plumbing or electric When we cut taxes, we heard that we were Everest. In the process, it has turned entire lights or a conscience. reverse Robin Hoods. What the protectors communities into public sector hells. It has We governors find this highly ironic. Be- neglected to mention was that our frugality made fatherlessness the norm for two gen- cause from our perspective in the state not only allowed us to phase out the long- erations of inner-city kids and given birth to houses, it’s Washington that has been living term capital gains tax, it also allowed us to a frightening culture of drugs and violence. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18695 We know these communities. Washington need because of the money they are I feel very strongly about any issue, doesn’t. now spending for energy maintenance not because I believe this is the only It’s time for President Clinton to allow the to make sure they do not go cold, be- issue that our country is confronted states to give it our best shot. We couldn’t cause they have such limited means. with, not because I do not fully appre- do worse than Washington. I know we’ll do In the United States of America right much, much better. ciate the overall budget debate and the now, in Minnesota, Iowa, and other difficult choices that all of us have to f cold-weather States, there are people make, not because I do not care fierce- APPOINTMENT BY THE VICE who are cold, and I am positive, I am ly about what will happen in Bosnia PRESIDENT positive as I speak here today, that and for the safety of our soldiers and somebody will freeze to death and then The PRESIDING OFFICER. The that they will be able to make a dif- we will take action. It will be too late. ference there. Sometimes, in all these Chair, on behalf of the Vice President, Mr. President, this is the problem. pursuant to Public Law 94–304, as statistics and all this alphabet soup, Last year, by the end of December, OMB, CBO, baseline budget—you are amended by Public Law 99–7, appoints about $1 billion had been allocated out the Senator from Wisconsin [Mr. familiar with what I am talking to our States for assistance. This is not about—it is just disconnected from the FEINGOLD] to the Commission on Secu- a 1-year program. It does not do any rity and Cooperation in Europe. reality of people’s lives. good to tell people they will be able to This is such a time. I am a Senator Mr. ROTH. Mr. President, I suggest receive some assistance so they do not from a cold-weather State, Minnesota, the absence of a quorum. get cold in June or July. Time is not and I will do whatever I need to do as The PRESIDING OFFICER. The neutral. The total cost of the energy a Senator to get the funding out to my clerk will call the roll. assistance program nationally was less State, and for that matter other cold- The assistant legislative clerk pro- than one B–2 bomber. It was $1.3 billion weather States, so that people, be they ceeded to call the roll. last year, $900 million right now. This seniors, be they children, be they indi- Mr. WELLSTONE. Mr. President, I is the problem. It was eliminated on viduals with disabilities, or be they ask unanimous consent that the order the House side. But Senator DASCHLE— low-wage families, are able to get some for the quorum call be rescinded. and, I might add, other Senators as assistance so they can heat their The PRESIDING OFFICER (Mr. well, Republicans included, Senator homes now. COCHRAN). Without objection, it is so SPECTER being one really good exam- Right now, too many of our citizens ple, and I know Senator HATFIELD ordered. are cold. Too many of our citizens are cares fiercely about this, and I could f without heat. This is wrong. This is a list others as well; Senator SMITH from moral issue. We must do something LOW-INCOME ENERGY ASSISTANCE New Hampshire—many people, many about this, and it is within our power from the cold-weather States. We know Mr. WELLSTONE. Mr. President, to do something about this today. We now what has happened. It has become yesterday I came out on the floor to have to take action. a moral issue. speak about the energy assistance pro- I know the Senator from Iowa had a Last year by the end of December, gram. I need not repeat most of what I question. about $1 billion had gone out, and I said, yesterday. But I thought I would Mr. HARKIN. I just wondered if the think this year about $230 million has try to be brief and summarize. Senator will yield. Mr. President, I am a Senator from a gone out nationwide. In my State of First of all, Mr. President, I thank Minnesota, by this time last year, cold-weather State, Minnesota. By the Senator from Minnesota for being a about $25 million—right now, $9 mil- cold-degree days, we have the third leader on this issue. Both the other day lion. We have long waiting lists of peo- coldest days in the country behind when he took the floor and he spoke ple who have no assistance or people Alaska and North Dakota. Last year in about it and again today—I did not who have received only $100 when last my State about 330,000 people received catch all of the Senator’s remarks; I year they received $350. What is going some energy assistance so that they was on my way over to the floor, but I to happen to them next month or the would not go cold. Many of them were wanted to just ask the Senator if he elderly households, many of them were month afterwards? So, Mr. President, I will yield in just was aware of all of the ramifications in households with children, and many of a moment for a question from my col- the States that are taking place right them were households with minimum league. I just want to make it clear now. I know the Senator spoke very wage workers with an average rent of where we are right now. It is extremely eloquently about what is happening in around $350. Let us think about this as important that if there is a continuing Minnesota and the fact that this a kind of cold weather lifeline pro- resolution—and there should be be- money is not getting out. But there are gram, almost more of a survival sup- cause there should not be any Govern- some really kind of disingenuous plement than an income supplement, ment shutdown—it is extremely impor- things going on out there. If the Sen- designed to ensure that people will not tant that we have the language to ac- ator will bear with me, I will explain it go cold. celerate the allocation of this money. and then I will follow it with a ques- Mr. President, right now as I speak If you did just 75 percent of last year, tion. on the floor of the U.S. Senate, in my I say to my colleague, that would be I am told that in some States in the State of Minnesota, without exaggera- over $900 million. We must get this out Midwest, because of the fact that they tion I can say that there are some peo- to our States now so people do not do not have the necessary funds for the ple with no heat with the temperatures freeze to death. There cannot be one heating program, the Low-Income around zero. Last weekend when Sheila Senator or Representative, regardless Heating Energy Assistance Program, and I were home the temperature was of party, that could really disagree they put the word out that they have about 50 below wind chill. There are with this proposition. If this does not just enough money to meet emergency people in the United States of America, happen, Mr. President, with the word- situations, that it is being interpreted in my State, and in other cold-weather ing of the continuing resolution at the in some States as saying an emergency States as well, I am sure, Mr. Presi- end of this week, it has to happen at is if an elderly person has been notified dent, who are now living in one room. the beginning of next week. And if by the utility that they are cutting off That is all they are able to heat—one there is no continuing resolution, I the utilities. That is the emergency. If room. There are some people with no would say to the administration you you get your utility cut off, then you oil or propane in their tank. Mr. Presi- have the authority because we already get it. dent, there are some Minnesotans who have the money. This is forward fund- I ask the Senator, take a typical el- are trying to heat their home by just ed. We already have the money. You derly person in Minnesota or Iowa, turning on their oven. There are also have the authority to release that from the Midwest, it is colder than the people in my State—I am joined by my money. dickens. They are living in a small colleague from Iowa—who right now However we get the job done, for town of 900 people, 1,000 people like the are not able to purchase the food they God’s sake, let us get the job done. small towns where I come from. They need or the prescription drugs they That is really what I am saying. are living in a small house—usually it S 18696 CONGRESSIONAL RECORD — SENATE December 15, 1995 is women—living by themselves, on So- First, I want to say to my colleague— very uncomfortable with where we are cial Security; their total income is 400 he may or may not realize this—in the at in this Nation. Thank God they are. or 500 bucks a month. first draft of the continuing resolution There are people who feel—they are I wish to point out that 80 percent, 80 from the House of Representatives, saying, ‘‘Look. We don’t just want to percent of this money in the Low-In- zero came out for LIHEAP for this be here while people go cold.’’ All come Heating Energy Assistance Pro- year. There was actually language that right. gram, 80 percent of the money goes to said that no LIHEAP money could be So my hope would be that you would people with less than $8,000 a year in- spent, no energy assistance money have a resolution that would come over come. I ask the Senator to take an el- could be spent, until the Labor-Health here with a formula that would allo- derly person—as I said, many times an and Human Services appropriations bill cate the funds that we need to get out elderly woman—living by themselves of this year was passed. This would to the States so people do not go cold. in a small house in a small town. The have effectively guaranteed that there People are cold now. heating bill comes in. They know they would be no money going out. If that does not happen, then cer- have to pay it. Would they just say, We saw that and we said that if that tainly we can amend that. That is one well, I am not going to pay it because came to the floor, we would amend it. possibility, we can amend that, and we then it will be a crisis and then I will And it was ultimately amended. With would insert wording that would make get the money? What would that elder- the support of the White House and sure that we would get the allocation ly person do? others, that was dropped. But my un- of funding out. We could do that. I say Mr. WELLSTONE. Mr. President, I derstanding, I say to my colleague, is to my colleague that that is a possibil- say to my colleague—and by the way, I right now by the terms of the continu- ity. would like to thank the Chair. Quite ing resolution that we are under, that Now, if it was for 2 days, over the often we are speaking on the floor, and money cannot be spent. The only weekend, then another possibility— the Presiding Officer is writing letters money that could be spent has been though we have to see—would be, de- and not paying attention. He comes spent—about $230 million. pending upon commitments that are from a more warm-weather State. I One of two things has to happen. If made, that it would be done in the be- thank him for his courtesy. we get a continuing resolution, we ginning of next week. But we have to get it done. Right I would say to my colleague from have to have language which essen- now I feel very strongly we have to get Iowa, we are getting all of these calls tially says that we have to accelerate it done today. We have to do every- from elderly people, and I will tell you the allocation of this money which ex- thing we can to make sure that we get exactly what they do, and then I would ists. Even if it was 75 percent of last this funding out to families in our like to compare notes with the Senator year’s level, that would be over $900 States so people do not go cold through and get his reaction. million, which we need to get out. But a continuing resolution today or What will happen, under that defini- if there is no continuing resolution, I through a continuing resolution Mon- tion, it will not happen that elderly say to my colleague, the administra- day or through the administration, if person will not pay his or her bill, but tion then has the legal authority—and there is no continuing resolution, re- they will not purchase the prescription we were in touch with legal counsel at OMB to confirm this—they could re- leasing the funds. It has to happen. drugs they will need that the doctor It makes very little difference to the prescribed or they will simply have less lease the money. Mr. HARKIN. Let me get this clear people out in our States who are cold, money for food. It is that simple. And from the Senator. If a continuing reso- who are really frightened, many of by the way, during the winter is not a lution—that expires today. I do not whom are desperate, what way the time when you want to have less in- know what time it expires. funding gets to them and what way come to be able to have a decent diet. Mr. WELLSTONE. Midnight. they get the energy assistance. We can That is exactly what is going on, I Mr. HARKIN. Midnight tonight. If do it a number of different ways. But I say to my colleague. there is no continuing resolution, then have gone on record all week saying— Mr. HARKIN. I think the Senator is tomorrow the administration could re- I believe we have some amendments correct. I think that is what is going to lease the remainder of the money that that we drafted to this continuing reso- happen out there. So you may say, was appropriated last year for this pro- lution. I certainly know my colleague well, gee, you know, they are not in gram? from Iowa will be with me. If that is crisis circumstances; they are getting Mr. WELLSTONE. That is absolutely what we need to do, that is what we their fuel, they are paying their bills, correct. And we have urged the admin- will do. If we can do it another way, we but what is happening on the other side istration to do that, absolutely. will do it another way. of the ledger? This is a crisis situation Mr. HARKIN. I want to join the Sen- Mr. HARKIN. I thank the Senator for in my State, and I know it is in Min- ator in making that request. I do not bringing this out and answering those nesota. know if there will be a continuing reso- questions. And I look forward to work- Mr. WELLSTONE. It is. lution today or not. Who knows. I ing with him. The Senator is abso- Mr. HARKIN. I share the Senator’s know they are negotiating right now. lutely right, Mr. President, we have a concern about this. We do have the op- Let me further ask the Senator, if a crisis situation out there. We hear all portunity, as the Senator pointed out. continuing resolution comes to the the talk about shutting down the Gov- Now, again, for my benefit and for oth- floor today, let us say for a short pe- ernment and the impact this would ers, would the Senator explain it. We riod of time, a 3-day—I heard some talk have on people who work and, with the forward funded this, $1.3 billion. about a 3-day, 4-day continuing resolu- Christmas season coming up, what it Obviously that money has already tion. might mean for their families. And we been appropriated. Mr. WELLSTONE. Right. ought to be cognizant of that. I hope Mr. WELLSTONE. That is correct. Mr. HARKIN. Is that amendable? there is not a shutdown of the Govern- Mr. HARKIN. I was on the Appropria- Could an amendment be offered on ment. I hope that does not happen. tions Committee. That money has been that? But for many of these elderly peo- appropriated. So why is it not going Mr. WELLSTONE. Mr. President, I ple—and we are talking about elderly out? If we already appropriated the would say to my colleague and good people on Social Security, making $400 money, why is it not going out? friend from Iowa, absolutely. Here is a month, $500, a lot of times living by Mr. WELLSTONE. Well, Mr. Presi- what we do not know. My hope is that themselves—when you do not get that dent, I would say to my colleague that since this continuing resolution would Low-Income Heating Energy Assist- what has happened is by the terms of originate from the House, that on the ance Program, that is more than the these continuing resolutions, the House side they would have put into equivalent of a Government person los- money cannot be appropriated right the resolution the language, the au- ing their job for a few days. It could, now by the administration. And that is thority, for us to go forward with ac- indeed, be a very bleak Christmas for a what I was trying to explain earlier. celerated funding right now. lot of these people out there, too. Right now we have a couple of dif- There are many Representatives, So I am sorry this has gone on this ferent scenarios that are possible. Democrats and Republicans, who are long. I guess we hoped against hope December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18697 there would be warm weather. But we and to at least make the small change. ization for heating, that cold goes have had some really bad weather, We already have the money. It is al- through pretty quickly. This is not a really cold. ready there. All we have to do is make case of being uncomfortable. This is a Mr. WELLSTONE. I say to my col- sure that in a continuing resolution, if case where people die. People die in league, Mr. President, that the other the Government is not shut down—and their own homes. They die in their own problem that my chief legislative ana- I hope it will not be shut down; I do not homes from the cold. They die in their lyst, Colin McGinnis, reminded me of is think it should be—to make sure in the own homes sometimes when efforts are it takes about 10 days or so for OMB continuing resolution that we are able made to heat. They die in their own and HHS to run the computer for- to allocate the funds out to the States. homes when they have actually been mulas, cut the checks, and get the If we just do it on the basis of 75 per- pulling boards out of the floor or fur- money out to the States. We have a cent of last year, Mr. President, so that niture to burn to keep warm, because long waiting list in Minnesota already now as the winter weather is upon us in they know exposure to that weather for who would be served by that funding. our States, then we could get adequate just a matter of, sometimes, minutes So we really are again—time is not short-term funds out fast. It can be al- could bring about hypothermia and neutral. For God’s sake, I would say to located out to the communities and we death. every single one of my colleagues, can protect people. We should do that. Mr. President, I do not see other Democrat, Republican, let us do this I yield the floor. Members seeking the floor, so I will before Hanukkah. Hanukkah is Sunday Mr. LEAHY addressed the Chair. talk about another issue. night. I am Jewish. Hanukkah is Sun- The PRESIDING OFFICER. The Sen- f day night. Then we have Christmas. ator from Vermont. Mr. WELLSTONE. Mr. President, Let us do this before Hanukkah. Let us DEFENSE AUTHORIZATION BILL— do this before Christmas. Let us please will the Senator yield for a moment? Mr. LEAHY. Yes. ANTIPERSONNEL LANDMINES make a commitment as Senators to Mr. WELLSTONE. Mr. President, I Mr. LEAHY. Mr. President, I under- make sure that people at least do not want to make it clear, I mentioned the go cold in America. This is wrong. We stand this afternoon at some point, we other day the work of the Senator from will have a vote on whether to proceed can do much better. Vermont. He has spoken on this several There is no reason in the world for us to the conference report on Depart- times. I want to thank the Senator and not to be able to reach out. I mean, if ment of Defense authorization. I am Senator JEFFORDS as well. I believe you want to talk about family values, strongly opposed to several provisions that those of us from cold-weather I think the most important family in that bill. I will not ask the clerks to States know what this means in human value there is is to reach out with a read the bill in full when it comes up, terms. We know from the phone calls helping hand. I think everybody agrees as I could. It is my way of saying and the people with whom we visit. with that. So we have to get this job ‘‘Merry Christmas’’ to them, I suppose, I thank the Chair and the Senator and to the rest of the staff. But I will done. from Vermont. I thank my colleague. I thank my express very strong concerns about it The PRESIDING OFFICER. The Sen- and, of course, will ask for a recorded colleague from Iowa. ator from Vermont. Mr. President, I am just going to fin- vote on the issue of proceeding. f ish up. This just is one example. I have I do not want to hold up the issue, many examples from Minnesota, but LIHEAP though, of course and as soon as it this is an example of what can happen Mr. LEAHY. Mr. President, I spoke, comes over here—I see the distin- when people are without heat, from as did the Senator from Minnesota, on guished chairman, my good friend from right here in the District of Columbia. the issue of LIHEAP yesterday. I com- South Carolina on the floor—I would Three years ago around this time, a mend him for what he has said. This is not want to hold him up. fire burned down a small apartment an issue that is joined certainly in the Mr. LEAHY. There is one issue that I building in the Mount Pleasant region northern tier States with Republicans intend to talk about at considerable of the District of Columbia, burning to and Democrats alike in the Senate. length. This body voted by better than death two little girls, Amber and Asia We should restore these LIHEAP a 2 to 1 margin, nearly 3 to 1 margin, to Spencer, ages 6 and 5. The girls were funds. Frankly, I strongly urge our col- put some limitation on antipersonnel killed by a fire when one of the candles leagues and leadership in the other landmines. that was used to heat the apartment body, if need be, to simply pass a For some reason a provision that was fell over. The electricity had been LIHEAP appropriations so we can take not even considered by either the turned off 2 months earlier when the it up, pass it here and send it down. We House or the Senate on antipersonnel girl’s grandmother, their guardian, would not have this issue were all the landmines ended up in the Defense au- could not afford to pay the heating bill. appropriations bills now passed. We can thorization bill, which would have the It is my understanding that every pass that one, if need be. effect of undermining my amendment. winter, children across the country are This is a matter of urgency. It is not It is an absolute disregard and repudi- killed or injured by fires caused by des- an answer to say we will have the ation of the intent of the Senate. perate attempts to keep warm—to keep money in June of next year. It was 8 or At a time when every member of the warm. 9 degrees below zero at my home in military is talking about the danger to I have said to my leader, Senator Vermont 2 days ago. It was way below our men and women in Bosnia from DASCHLE, I have said to the Repub- zero last night. We had about a foot of landmines, at a time when the Presi- licans—again, I know Senator SMITH snow in the last few days. The good dent of the United States talks about from New Hampshire, another cold news, of course, is nothing slows down the potential casualties from land- weather State, said he really wants to with only a foot of snow in Vermont. mines, at a time when every press re- be on the floor, wants to fight hard for The bad news is that the people who port talks about the potential of land- this; Senator ABRAHAM has been very are without money are now faced with mine casualties in Bosnia, at a time committed to this; Senator SPECTER the question of whether they will eat when virtually every Member of this has been very committed to this; Sen- or heat. Many of them are elderly. The body and the other body are concerned ator JEFFORDS and any number of Re- majority of them are disabled. about the potential American casual- publicans on the other side of the aisle. There is no question we should try to ties from landmines, we let somebody I do not view this as a partisan issue. get this through. It will be colder next from the Pentagon write in a provision I think it was a huge mistake for the month. It always is in January. Last in the DOD bill, a provision that was House to eliminate this. I have been year, we had about a week and a half never voted on by the House, never fighting for this for 6 months because I that did not go above zero. During that voted on by the Senate, never consid- know it is so important to people. time, it hit 25 to 35 degrees below zero, ered by either body suddenly showed up But I think right now the issue is not depending where in the State it was. in the conference report. A provision to have a fight. That is not the point. If you are living in a residence that that would ensure that the plague of The point is to bring people together needs the help of LIHEAP or weather- landmines continues unabated. S 18698 CONGRESSIONAL RECORD — SENATE December 15, 1995 I call on the Pentagon, out of a sense To put it bluntly, the grinch seems The PRESIDING OFFICER. Without of morality, at least, to stop the hypoc- to have stolen Congress’ sensibilities. objection, it is so ordered. risy of saying they worry about our Here it is December 15, and the Nation f people being injured by landmines, and is still waiting. The Nation has already then do nothing to stop their use lived through one record-breaking Gov- DEPARTMENT OF DEFENSE around the world. And it is not only ernment shutdown, and now we are fac- AUTHORIZATION BILL our troops who are threatened, it is ing the very real possibility that Fed- hundreds of millions of people who are eral workers will be furloughed for Mr. WARNER. Mr. President, at the killed and maimed by these indiscrimi- Christmas and Government services appropriate time, on behalf of the ma- nate weapons every day. Over 26,000 will once again be curtailed. jority leader, I will move that the people every year, and most are inno- Today’s deadline for keeping the Chair lay before the Senate a con- cent civilians. Government running is looming and ference report to accompany H.R. 1530, This, Mr. President, is a landmine. It still there are no assurances that an the Department of Defense authoriza- is an antipersonnel landmine. It has agreement can be reached. While we in tion bill. been disarmed. If it were active, with Congress jockey from one position to It is anticipated that there will be an just the slightest pressure it would another seeming to be concerned only objection. Since this is not a debatable take my arm and most of my face off. with protecting our collective political motion, then at such time as the ma- There are millions of landmines in hides, the American people are wonder- jority leader indicates—I believe it will Bosnia, many of which are made of ing if we ever stop to worry about them be shortly after the motion to oppose plastic and virtually impossible to de- or about the fate of the Nation. moving forward—there will be a roll- tect, and others are designed to spring Under the Constitution, the only real call vote. up and explode at waist level, sending responsibility we elected Members of Mr. LEAHY. Mr. President, the dis- out horrendous shrapnel that would Congress have to worry ourselves with tinguished senior Senator from Vir- disembowel or cut in half somebody is that of ensuring the passage of the 13 ginia and the distinguished senior Sen- within 50 or 100 feet. appropriations bills that fund the Fed- ator from South Carolina, both of When we vote on the Department of eral Government. That is all we really whom are dear and respected friends of Defense authorization bill, we ought to have to do. This year while Members of mine, and I have had some discussion send a very clear message to the Penta- Congress have spent months and on this. I anticipate asking for—and gon that it is not enough to say you months raising the public’s expecta- there may be others for that matter— want to protect our men and women tions for an end to legislative gridlock a vote on the motion to proceed. when they go in harm’s way on peace- and a new blueprint for governing, we I tell the Senate and my distin- keeping of rescue missions or anything seem to be more preoccupied with one guished colleagues that if I had in- else. It is time to say we will take petty political nuance after another. tended to hold up the motion to pro- steps here, to show leadership, to set Instead of ensuring that the people’s ceed, of course, I would use the par- an example, to stop this senseless use needs are met, we are arguing over the liamentary tactic, instead, of asking of landmines worldwide. size of the negotiating table, how many for a vote on the motion to proceed re- Mr. President, I yield the floor and people can attend, and which door of quiring the reading of the bill which— suggest the absence of a quorum. the airplane we can use. it is about this big for anybody who The PRESIDING OFFICER. The 1 All of this is an unnecessary and un- cares. That is about 1 ⁄2 feet high, and clerk will call the roll. warranted diversion. This year, as al- it would take a very considerable time The legislative clerk proceeded to to read. I am not going to request that, call the roll. ways, there are differences in priorities between the Democrats and the Repub- of course. I have never engaged, in my Mr. BYRD. Mr. President, I ask unan- 21 years here in the Senate, in such imous consent that the order for the licans and between the Congress and the White House. tactics. I will, however, ask for the quorum call be rescinded. vote on the motion to proceed, and I The PRESIDING OFFICER. Without What is disturbing about our current assume the majority of Senators will objection, it is so ordered. situation is that we seem to have for- Mr. BYRD. Mr. President, I ask unan- gotten the concept of legislative com- vote to proceed. imous consent to speak out of order for promise. No legislative product ever I do this because of my concern about not to exceed 7 minutes. embodies the wishes and desires of all one provision, as I said earlier, on land- The PRESIDING OFFICER. Without involved. Unfortunately, the political mines. This is a provision that was nei- objection, it is so ordered. give and take that make our system of ther in the House bill nor in the Senate f government work are sorely lacking. bill. We passed by a two-thirds rollcall There is no give and take. Instead, vote in the Senate a provision on land- ANOTHER GOVERNMENT members seem more concerned with mines. The House had nothing. SHUTDOWN sowing the landscape with political When it became contentious, I said to Mr. BYRD. Mr. President, this year seeds that can be cultivated and har- the distinguished chairman of the com- the American people have been treated vested during next year’s election cam- mittee, to the distinguished Senator to what can only be referred to as po- paigns. As I have often said, there real- from Virginia, and to the distinguished litical theater of the absurd. The Re- ly are matters that are simply more Senator from Georgia, Mr. NUNN, ‘‘Why publicans took control of Congress in important than political party—more don’t we just remove the Senate provi- January touting their so-called Con- important than either political party. sion?’’ In other words, recede to the tract With America as the vehicle for Responding to our elected responsibil- House, which is no provision. change and as the vehicle for the end of ity to the people is one of them. We It is my understanding that was business as usual. Well, they weren’t cannot let the American people down going to be done. It was my under- kidding. This year has truly defied all again or we all surely risk the wrath of standing in the conversations with the legislative logic. In some respects 206 the voters. And I say this to those who Senators involved that would be done. years of process have been literally are focused more on November 1996: I was then told by Senate staff—not thrown out of the window. You will surely reap what you have by Senators, but by some Senate There have been lots of talk and sown! staff—that they could not allow their press events and, of course, photo-ops Mr. President, I yield the floor and Senators to go along with such a com- galore. Creative gimmicks have been suggest the absence of a quorum. mitment. I find that frustrating, of used to highlight the grandiose plans of The PRESIDING OFFICER (Mr. course, because Senators are the ones this new crowd. We have seen ostriches BURNS). The clerk will call the roll. elected. And I have found that the Sen- and bloodhounds and even golf clubs The bill clerk proceeded to call the ators I have dealt with—especially used to represent various points of roll. those whom I have just talked with— view. Through all these shenanigans, Mr. KENNEDY. Mr. President, I ask have always been extremely truthful the Nation has waited with bated unanimous consent that the order for with me, as I have always tried to be breath for some real results. the quorum call be rescinded. with them. But my concern was—and December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18699 apparently sometimes we are consid- tion in the 2 months of October and No- ing part of the testimony was some of ered merely constitutional impedi- vember so that they can prepare for the schoolteachers who talked about ments by our staff. In this case, the the winter, set benefit levels, and deal the fact of the loss of weight that is staff did not want us any longer to be with emergencies. taking place with small children 7, 8, 9, impediments. In any event, this is a It’s bad enough that the current stop- 10-years-old during the wintertime and matter that could be solved, and could gap bill cuts these needed funds by 25 particularly during the coldest months. be solved easily before the conference percent from last year’s level. Even It is really unthinkable that that report comes to a final passage. worse, it pays out those funds on a would happen here in America, but yet I made suggestions to the distin- basis that is prorated on a full year, so it does. We have an opportunity to do guished Senator from Virginia, follow- that States are receiving far less than something about that hopefully this ing a suggestion made by the distin- the usual share in October and Novem- afternoon. guished Senator from South Carolina, ber to plan for the winter. The study also found almost twice as of a way that we could solve this prob- By this time last year, Massachu- many low-weight and undernourished lem. That would require cooperation setts had received $32 million of its an- children were admitted to Boston City from the other body, and I hope that nual $54 million allocation. This year, Hospital’s emergency room imme- cooperation might be forthcoming. however, Massachusetts has only been diately following the coldest month of I just thought this explanation, for allowed to draw down $9.5 million. the winter. No family should have to Senators wondering what is going on, In fact, all States had received $800 choose between heating and eating. would be required. million of last year’s $1.3 billion But it is the poor elderly that will be f LIHEAP appropriation by December 15 at the greatest risk if more LIHEAP LIHEAP of last year. Under the stop-gap bill, funds are not made available, because however, that level has dropped to only they are the most vulnerable to hypo- Mr. KENNEDY. Mr. President, one of $230 million—a 71 percent cut—even thermia. In fact, older Americans ac- the most serious effects of the current though the bill is supposed to impose counted for more than half of all hypo- stopgap funding bill for the Federal only a 25 percent cut at most. thermia deaths in 1991. Government is its treatment of the States have found it extremely dif- In addition, the elderly are much Low-Income Home Energy Assistance ficult to serve their needy citizens more likely to live in homes built be- Program that helps needy families pay without access to these up-front funds. fore 1940 which are less energy efficient their winter fuel bills. In fact, many States have had to estab- Under this program, the States re- and put them at greater risk. lish triage policies to meet only the Low-income elderly who have trouble ceive the full amount of their LIHEAP most dire emergencies. paying their fuel bills are often driven benefits in October and November—the Massachusetts energy agencies have to rely on room heaters, fireplaces, benefit levels that are set to deal with said that they will respond only to ovens, and wood-burning stoves to save the emergencies. It is bad enough that the current cases where a utility terminates serv- money. Between 1986 and 1990, such stopgap funding cuts these funds 25 ices, or where homes have less than one heating sources were the second lead- percent below last year’s levels. Even eight of a tank of fuel oil. The State ing cause of fire deaths among the el- worse, it pays out those funds on bases has cut annual LIHEAP benefits from derly. In fact, elderly citizens were up that are prorated for a full year. So the $430 to $150 per household to ensure to 12 times more likely to die in heat- States are receiving less than the usual that they have enough funds for emer- ing-related fires than adults under 65. share in October and November to plan gencies throughout the winter. Over 50 Senators have signed a letter In Gloucester, the agencies have been for the winter. urging the budget negotiators to allow This chart illustrates it. Last year, faced with a choice of spending States to draw down LIHEAP funds at on December 15, 1994, some $800 million nonauthorized LIHEAP funds or letting the up-front rate if a further stopgap out of approximately a little over $1 some families freeze to death. funding bill is enacted. I urge the Sen- billion had been distributed in In Salem, the local government has ate to support this provision, so that LIHEAP. This year it is down to $231 dipped into its own scarce funds to pro- families can receive the urgent assist- million. vide needed assistance. ance they need. The total amount in the LIHEAP has In Springfield, Patricia Nelligan, the Christmas is approaching, and in been reduced by 25 percent. But, none- fuel assistance director for the New many parts of the country, tempera- theless, this is what is currently dis- England Farm Workers’ Council, said tures have dropped to levels close to tributed under the continuing resolu- that unless more LIHEAP funds are those at the North Pole. But Santa tion because of the way that continu- made available soon, their program Claus does not release LIHEAP funds ing resolution is drafted. will have to shut down by the end of to the States—Congress does, and we All we have to do is see what have next week. must act quickly to avoid tragedy. been the temperatures of the last few It may not officially be winter yet, Let me summarize, Mr. President. days. In Boston it was 18; Duluth, MN, but winter has already arrived with a This is not a question of increasing the it was 22 below; Milwaukee, 1 below; vengeance in many parts of the coun- fiscal year 1996 appropriation for the even down in New Orleans, 26; Des try. For the 6 million recipients of LIHEAP Program, although I hope that Moines, IA, 7; Burlington, VT, 13—an LIHEAP assistance across the Nation, the program will be fully funded in the enormously cold snap. it will be a desperate Christmas unless next budget resolution. I know my good friend and colleague, more aid is available. What’s at stake is the State’s access Senator WELLSTONE, has talked about Ninty five percent of the households to the LIHEAP funds that are already that issue as has the Senator from receiving LIHEAP assistance have an- available so that the elderly, disabled, Iowa. nual incomes below $18,000. They spend working poor, and their children can be f an extremely burdensome 18 percent of served before the temperature drops their income on energy, compared to even further. LIHEAP PROVISIONS IN THE the average middle-class family, which That is not a heavy lift for Congress. CONTINUING RESOLUTION spends only 4 percent. Over half of the U.S. Senate signed a Mr. KENNEDY. Mr. President, one of Researchers at Boston City Hospital letter urging that States be allowed to the most serious defects of the current have documented the heat or eat effect, draw down LIHEAP funds at the nor- stop-gap funding bill for the Federal where higher utility bills during the mal rate. Government is its treatment of coldest months force low-income fami- In October, 180 House Members LIHEAP, the Low-Income Home En- lies to spend less money on food. The signed a letter circulated by Represent- ergy Assistance Program that helps result is increased malnutrition among ative JOE MOAKLEY which requested needy families pay their winter fuel children. that LIHEAP be funded at the level bills. We had a very interesting hearing proposed in the Senate version of the Under that program, States receive the other day about the impact of a se- Labor-HHS appropriations bill—$900 most of their full-year LIHEAP alloca- ries of cuts on children. The most mov- million. S 18700 CONGRESSIONAL RECORD — SENATE December 15, 1995 In Massachusetts last winter, 42,000 working families in this country. There The requirement was designed to make out of the State’s 137,000 LIHEAP is a wide divergence in priorities be- loans to students by banks under the households were elderly; 30,000 of the tween the two parties on the direct guaranteed loan program appear cheap- households also received supple- loan program as well as on other edu- er than loans issued directly to stu- mentary security income; 32,000 of the cation issues. dents by the Federal Government. Ac- households were working-poor; 69,000 of The Republican budget bill has al- cording to CBO’s new estimate, the use the households received food stamps; ways been bad news for students, and of this biased procedure will add $6.5 50,000 of the households received Social bad news for the deficit. Now, accord- billion to the deficit over the next 7 Security; and 45,000 of the households ing to estimates just released by the years. Other student loan provisions in received Aid to Families with Depend- Congressional Budget Office, the defi- the Republican budget save $4.5 billion ent Children. cit news is $1.1 billion worse. over the same period, according to Cold weather does not play partisan Under the revised estimates, the neg- CBO’s most recent calculations. Thus politics. When the temperature drops, ative budget impact of the Republican the net effect of the Republican stu- it affects all people—Democrats and student loan provisions has more than dent loan provisions is to add $2 billion Republicans, Northerners and South- doubled—from $900 million to $2 billion to the deficit. erners alike. It does not discriminate— in additions to the deficit if the Repub- Under the previous CBO estimate, it is an equal opportunity discomfort. licans persist in their misguided the biased budget rule added $5.8 bil- Mr. President, if we have an oppor- scheme to dismantle the highly suc- lion to the deficit, and was offset by tunity for the continuing resolution cessful ‘‘direct loan’’ program for col- $4.9 billion in savings, for a net addi- this afternoon, I know that Senator lege students. tion to the deficit of $900 million. WELLSTONE will offer an amendment to The bill vetoed by the President last Clearly, Republican deficit concerns go permit the expenditure of vitally need- week would have limited the direct out the window when corporate welfare ed funds to be available to those 6 mil- loan program to 10 percent of all loans, like this is at stake. lion Americans who today are in very and earmarked 90 percent of student Republicans would like us to believe difficult, dire circumstances because of loans for banks and other middlemen. that their attack on direct lending is the cold snap. If it is not, I join with Mr. President, what we had done in designed to eliminate Government bu- those who urge the President to use his recent years was to develop a direct reaucracy and stimulate the private Executive powers to be able to move loan program and permitted the guar- sector. But the guaranteed student ahead with front end funding of those anteed student loan program to go into loan program is hardly a monument to funds in an orderly way. Clearly, the effect. The total volume of direct loans corporate efficiency and free enter- overwhelming sense of the Members of is about 40 percent of all the student prise. It is a bloated bureaucracy con- this body and of the House of Rep- loans; 1,350 colleges and universities sisting of 7,000 lenders, 41 guaranty resentatives is that of supporting get- are participating in direct lending, ac- agencies, and 25 secondary markets ting these scarce resources out to the counting for 40 percent of loan volume. who employ more than 5,000 people. public. It will make absolutely no Under the Republican compromise, it That is 25 percent more than the entire sense because of a technicality to re- will be reduced to 10 percent. U.S. Department of Education and 10 strict the flow of these funds over a 12- We made efforts on the floor of the times more than the number of em- month period when the greatest need is Senate to let the schools in Montana ployees who actually administer the di- now during the wintertime and where and throughout this country make rect lending program. it has been the wintertime since the es- their own judgments whether they In the private sector, companies take tablishment of this program, but be- wanted to go to the direct loan pro- risks in the hope of making profits. cause of a technical glitch we find our- gram or go to the guaranteed loan pro- But there’s no risk in the guaranteed selves under these circumstances. This gram. Not one college or university in student loan program. It’s all gravy. circumstance cries out for action. this country selected to go from direct It’s all corporate welfare. The banks So, Mr. President, I know I speak for loan programs to guaranteed loan pro- and guaranty agencies reap all the all the families in Massachusetts that grams. Not one. It is a success with the profits and take none of the risks, be- are dependent upon LIHEAP. They are students and with the administrators. cause Uncle Sam is guaranteeing pay- facing a critical situation. We cannot The Republican provision is among ment of the loans. It’s not free enter- let this situation continue to go with- the most notorious and objectionable prise at all. It’s a Government-shel- out action here in the House of Rep- special interest giveaways in the entire tered industry that’s grown up like resentatives and the Senate. We have Republican budget plan. Its obvious Topsy under the umbrella of Uncle serious business obviously in terms of motive is to divert billions of dollars in Sam. the budget and the budget positions in new business and higher profits to the William Niskanen, who is now presi- terms of preserving Medicare and Med- banks and guaranty agencies in the dent of the Cato Institute, and was for- icaid and education and environmental guaranteed student loan program. merly a member of the Council of Eco- issues, but this is an emergency situa- According to CBO, if direct lending is nomic Advisers under President tion that cries out for action. Whatever limited to 10 percent of loans, the Reagan, put it this way: we are going to do on the budget will banks and guaranty agencies would These guaranteed loans are a sweet deal not be affected if we move ahead with gain $103 billion in additional business for the banks; unless they choose to collect advance funding to take care of the over the next 7 years, and an estimated on the loans, the banks provide no services emergency needs of our elderly. It will $6 billion in higher profits. other than to make a loan guaranteed by the federal government at a substantial pre- not be affected. So we have to take this This arbitrary Republican ceiling on the direct loan program would force 2 mium above the rate if they made the same action, and we welcome the bipartisan loan to the government. Moreover, because support that we have received here. It million students and 1250 colleges out lenders have little incentive to be diligent has been bipartisan in the Senate. It of direct lending and back into the bu- collectors of guaranteed loans, the govern- has been bipartisan in the House. And I reaucratic maze of the guaranteed stu- ment has set up a complex and costly system am pleased that the President has indi- dent loan program. Republicans are of nonprofit guaranty agencies to manage cated his strong support for getting asking Congress to swallow this bla- these loans. this problem resolved. tant special interest giveaway in the Larry Lindsay, a member of the Fed- f name of deficit reduction. But as the eral Reserve Board appointed by Presi- CBO’s latest estimate makes plainer dent Bush, put it even more bluntly: STUDENT LOAN PROGRAMS than ever, there is no deficit reduction, ‘‘As long as it is necessary to provide a Mr. KENNEDY. Mr. President, just and the addition to the deficit is great- profit to induce lenders to guarantee briefly on another subject but a very er than ever. student loans, direct lending will be important one, I address the Senate on This problem began when the Repub- cheaper.’’ the issue of the Republican budget and lican budget adopted last May con- The cost-effectiveness of direct lend- the student loan programs which are so tained a biased requirement for esti- ing was confirmed just this week in a important to the sons and daughters of mating the cost of direct student loans. study by the audit committee of the December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18701 Colorado Legislature. At the Univer- country are unanimous. The student THE CONTINUING RESOLUTION sity of Colorado at Boulder and Colo- loan system needs more competition, The PRESIDING OFFICER. The Sen- rado State University, the implementa- not less. With direct lending, both of ate is in morning business. tion of direct lending saved the univer- loan programs have been working more Mr. DOLE. Mr. President, let me in- sities $192,000 and $133,000, respectively, efficiently because of the competition. dicate that we have had very little suc- in a single academic year. What we saying is let competition rule. cess in the first, what we thought Direct lending also works better for Let colleges and universities make the would be a serious negotiation on the students and colleges than the guaran- judgment themselves, not have that budget. Apparently they were not seri- teed loan system. According to colleges dictated from Washington. ous. The offer by the President was participating in direct lending, it pro- What are our Republican friends filled with smoke and mirrors. I said vides excellent service. The application afraid of? Why not let the two systems earlier we might not be around here is simpler and the disbursing process is compete fair and square? Let the mar- this weekend. Now I think there is a more prompt. Students spend less time ketplace pick the winner, not Congress. great likelihood we will be in session filling out paperwork and waiting in It is hard to find a more vivid or dis- tomorrow and maybe unavoidably on lines. Loan funds get to students more graceful example of the prostitution of Sunday. quickly. Republican principles. When a special The House will probably send us a In 1993, when the University of Colo- interest’s Government-guaranteed continuing resolution with some at- rado at Boulder was using the old guar- profits are at stake, Republicans are tachment. I am not certain quite what anteed loan program, only 3,000 checks more than willing to sell out free-mar- that would be. Maybe welfare reform. were available to students by the first ket competition, and continue the And that might take some debate, un- day of class. This year, under direct heavy hand of a Government-guaran- less we get consent that everything lending, 6,600 checks were ready for teed monopoly. passes by voice vote. So I need to alert It’s obvious what’s happening here. students to buy needed books and sup- my colleagues not to get too far away. Direct lending is taking colleges and plies. One student called it ‘‘the best And I will keep my colleagues informed universities by storm. It’s one of the thing since microwave brownies.’’ as soon as I have further information. Colleges and universities across the best new ideas in higher education in But it appears that there is not much country share this view. In a survey by years. It’s good for colleges and good prospect, not much reason to continue the Education Daily, more than 90 per- for students, and it saves Federal dol- trying to negotiate with the White cent of participating colleges and uni- lars. House when they do not want to really versities called direct lending ‘‘excel- Direct lending has already estab- get serious about balancing the budget lent.’’ lished its solid appeal to the country. over the 7 years without falling back Direct lending has also created more It’s already captured 40 percent of the on the old smoke and mirrors and flexible repayment terms. It gives stu- market in 2 short years. things that we thought maybe had dents the option of paying their loan So the guaranteed loan industry has changed. back as a percentage of their income. mounted a desperate last-ditch lobby- I think our next step would be to try When graduates are starting a family, ing campaign to persuade Congress to to negotiate with some of our Demo- working in their first job, starting a roll back direct lending. cratic colleagues who are concerned business, or going into public service Republicans should scrap their cyni- about the budget and welfare reform work, they can make smaller pay- cal attack on direct lending. They and saving Medicare and tax cuts for ments. should let competition work. They families with children. And that will be Our Republican colleagues claim that should allow colleges and universities pursued later this afternoon. their budget bill would extend flexible to choose the kind of loan program So I can only say that we will be here repayment terms to students in the they want. And if they do, they’ll find some time yet today, and depending on guaranteed loan program. But under $2 billion more to put into deficit re- when the House acts on the CR, prob- the Republican plan, the availability of duction at this stage of our balanced ably tomorrow. But I will try to give flexible repayment options, such as in- budget negotiation. my colleagues the specific times. And come-contingent repayment, would de- CBO has finally come out on this maybe some may not come in until pend on whether a particular guaran- issue and found that this will be more afternoon depending again on how the teed loan holder chooses to offer it. costly to the Federal taxpayers, some- Ask colleges and universities what thing that we have known for some pe- House acts. I cannot give anybody they think. They’re outraged at being riod of time, and they have come out more specificity, but as soon as I have forced out of one of the most successful with that report at the present time. information I will come to the floor reforms in the history of Federal aid to That, I think, gives the administration and make an announcement. education. Some colleges and univer- strong arguments to stand by their po- f sities across the country have written sition to give choice to the States and NATIONAL DEFENSE AUTHORIZA- urging Congress to reject this arbitrary the colleges and universities on which TION ACT FOR FISCAL YEAR limit on their ability to choose the way they want to go, direct loans or 1996—CONFERENCE REPORT loan program that best serves their guaranteed loan program. students. We hear so much rhetoric, do not let MOTION TO PROCEED Over a hundred of the colleges that Washington dictate what is good back Mr. DOLE. I now move that the Chair signed the letter are not in direct lend- home in Montana or Massachusetts. lay before the Senate the conference ing. But they too recognize its benefit If there is ever an example of that, report to accompany H.R. 1530, the De- for their students. As they put it: Mr. President, it is permitting the col- partment of Defense authorization bill. Those of us who represent institutions that leges and universities in our 50 States Mr. LEAHY. I ask for the yeas and are satisfied with the guaranteed student to make their own judgments which di- nays. loan program also support the continued rection to go in, what we do now. When The PRESIDING OFFICER. Is there a availability of the direct loan program to in- they go to the direct loan, it saves the sufficient second? There is a sufficient stitutions. The competition created by direct overall taxpayers billions of dollars. second. lending has induced banks and guarantors to That has been reaffirmed once again The yeas and nays were ordered. improve the efficiency of their delivery proc- this afternoon with the Congressional The PRESIDING OFFICER. The ess, and has, for the first time, provided the student loan industry with market-based in- Budget Office review of these figures clerk will call the roll. centives to provide better service. The guar- and statistics which are the best evi- The assistant legislative clerk called anteed student loan system has improved dence. the roll. more since the phase-in of direct lending two I thank my friend and colleague from Mr. LOTT. I announce that the Sen- years ago than it did over the more than two Virginia for permitting me the oppor- ator from North Carolina [Mr. decades of existence prior to 1993. tunity to address the Senate. FAIRCLOTH], the Senator from Ten- The message doesn’t get much clear- Mr. DOLE. Mr. President, what is the nessee [Mr. FRIST], the Senator from er. Colleges and universities across the pending business? Texas [Mr. GRAMM], the Senator from S 18702 CONGRESSIONAL RECORD — SENATE December 15, 1995

Arizona [Mr. MCCAIN], and the Senator (The conference report is printed in Senator LEAHY, who commented during from Kentucky [Mr. MCCONNELL] are the House proceedings of the RECORD of the debate on veterans appropriations necessarily absent. December 13, 1995.) that he found ‘‘a number of ironies, as Mr. FORD. I announce that the Sen- Mr. THURMOND. Mr. President, I am I speak, American troops are being de- ator from Delaware [Mr. BIDEN], the pleased to present the conference ployed in Bosnia. Every Senator who Senator from Connecticut [Mr. DODD], agreement on the National Defense Au- came to this floor, debating the deploy- the Senator from Massachusetts [Mr. thorization Act for fiscal year 1996 for ment of our troops pledged support for KERRY], the Senator from Maryland approval by the Senate. them.’’ Mr. President, I find it ironic [Ms. MIKULSKI], and the Senator from This conference agreement contains that any Senator would consider block- West Virginia [Mr. ROCKEFELLER] are a broad range of authorities that are ing or voting against the defense au- necessarily absent. essential for the men and women who thorization at this time or attempt to The PRESIDING OFFICER. Are there now serve in our Armed Forces, and for use this bill for political purposes. Pol- any other Senators in the Chamber de- the effective operation of the Depart- itics must stop at the water’s edge siring to vote? ment of Defense. It is my hope that the when our forces are deployed to a hos- The result was announced—yeas 66, Senate will pass this conference report, tile fire area. nays 23, as follows: and the President will have the wisdom Mr. President, it had been my im- [Rollcall Vote No. 607 Leg.] to sign it into law, because the impor- pression that the Committee on Armed YEAS—66 tant authorities it contains will sig- Services spent the last 3 months work- nificantly benefit our Armed Forces Abraham Feinstein Lugar ing in what had been its traditional bi- Akaka Gorton Mack and the failure to enact these authori- partisan manner to reach a mutually Ashcroft Graham Murkowski ties will significantly disadvantage our acceptable conference agreement. I am Bennett Grams Murray troops. I am pleased that the House Bingaman Grassley Nickles now disappointed to learn at this late Bond Gregg Nunn passed it today, 267 to 149. date that the minority have felt ex- Breaux Harkin Pressler I want to make sure my colleagues cluded from the conference negotia- Burns Hatch Reid and the administration clearly under- tions. I want to assure my colleagues Byrd Heflin Robb stand that this is a period of high risk Campbell Helms Roth that was not my intent. I am dis- Chafee Hollings Santorum and exceptional danger for our military appointed that the bipartisan atmos- Coats Hutchison Shelby men and women. This is not the time phere of the committee may be about Cochran Inhofe Simpson to make defense a political issue. I to be compromised and jeopardize the Cohen Inouye Smith want to caution my colleagues and the Coverdell Jeffords Snowe defense authorization bill. administration in the strongest terms Craig Johnston Specter Mr. President, I would now like to D’Amato Kassebaum Stevens not to politicize this bill at a time turn to the substance of this bill. This Daschle Kempthorne Thomas when the effects of such an action will agreement is in line with the priorities DeWine Kerrey Thompson be amplified to a high degree for every Dole Kyl Thurmond we established last January. I would individual soldier, marine, sailor, and Domenici Lieberman Warner summarize these priorities by saying Exon Lott Wellstone airman who is now deploying as part of there is a serious need to revitalize our NAYS—23 the implementation force in Bosnia. The authorization bill contains abun- Armed Forces in order to ensure our Baucus Feingold Levin dant important elements of authority Nation remains clearly able to deter Boxer Ford Moseley-Braun and, if necessary, to counter any future Bradley Glenn Moynihan for programs, systems, acquisitions, Brown Hatfield Pell administration, and operations, and its threat to stability and security. This Bryan Kennedy Pryor passage will ensure that the Depart- legislation provides the direction and Bumpers Kohl Sarbanes authority for that revitalization. Conrad Lautenberg Simon ment will have the best possible chance Dorgan Leahy to conduct its work as efficiently as The conference agreement authorizes a 2.4 percent pay raise for the uni- NOT VOTING—10 possible. Likewise, failure to pass the formed services, including the 20,000 Biden Gramm Mikulski authorization bill will encumber and Dodd Kerry Rockefeller disadvantage the Department unneces- men and women who will be deployed Faircloth McCain sarily. in Bosnia and the thousands who will Frist McConnell The President has committed more support them. If this agreement does So, the motion was agreed to. than 30,000 uniformed men and women not become law—and I want to repeat to a hazardous and lengthy operation this, if this agreement does not become f in the former Yugoslavia. I believe no law—they will not receive this in- one doubts that he is sending our crease, and military pay will lag even NATIONAL DEFENSE AUTHORIZA- troops in harm’s way. Some of these more than it does already. I find it un- TION ACT FOR FISCAL YEAR people may lose their lives in hostile fortunate that the administration 1996—CONFERENCE REPORT actions and accidents. The President would choose to block this pay raise Mr. THURMOND. Mr. President, I and the Congress must make every ef- for the men and women it is now send- submit a report of the committee of fort to ensure that nothing—absolutely ing to Bosnia. conference on H.R. 1530 and ask for its nothing—is done to jeopardize or im- This agreement authorizes badly immediate consideration. pede them in any way. needed quality of life projects that are The PRESIDING OFFICER (Mr. The Senate just passed a resolution essential to family life and the reten- CRAIG). The report will be stated. to support these men and women un- tion of high quality people. It author- The legislative clerk read as follows: equivocally. The Senate has committed izes important improvements to mili- The committee of conference on the dis- itself to providing our troops with all tary family housing, barracks, dining agreeing votes of the two Houses on the the necessary resources and support to facilities, and work areas. Some critics amendment of the Senate to the bill (H.R. carry out their mission and ensure of this bill would have us believe these 1530) to authorize appropriations for fiscal their security. Although the dollar re- authorities are unnecessary or extrava- year 1996 for military activities of the De- gant. Mr. President, as we stand here partment of Defense, to prescribe military sources for defense are addressed in personnel strengths for fiscal year 1996, and part in the appropriations bill, which today in the comfort of this Chamber, for other purposes, having met, after full and has been enacted, the detailed guidance there are military men and women who free conference, have agreed to recommend and authority to conduct the business are standing in the mud, exposed to and do recommend to their respective Houses of the Department of Defense, and to rain and snow while they maintain this report, signed by a majority of the con- implement badly needed improve- their vehicles, because they do not ferees. ments, and to award new contracts and have concrete hardstand in their motor The PRESIDING OFFICER. Without take care of families, are all contained pools. There are military men and objection, the Senate will proceed to in the authorization bill. women who are living in barracks that the consideration of the conference re- I would agree with the recent obser- are substandard. Improvements will port. vation of my colleague from Vermont, not be available unless this agreement December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18703 is enacted. I want to repeat that: Im- is at the lowest level as a percentage of Buying these ships now will: save provements will not be available unless the budget since the years prior to the money through more efficient produc- this agreement is enacted. Second World War. This means that tion quantities; resolve severe defi- This bill also contains the authority many basic essentials are not being ciencies in amphibious lift; sustain the to reform the acquisition and procure- bought in sufficient quantities to meet industrial base; provide combatants ment processes in accordance with the requirements and we are not investing needed for fleet and ballistic missile general effort to streamline govern- today to achieve savings in the future. defense and long range land attack; ment. These reforms will enable the This also means the services must and relieve extraordinary pressures on services to obtain new equipment, sup- spend more of their budgets to keep future shipbuilding budgets. This is a plies, and commercial products quickly older systems in operating order. The responsible use of taxpayer dollars. and efficiently, instead of having to Chairman of the Joint Chiefs of Staff The committee also sought to sus- wait for the bureaucracy. It also re- has stated there is a serious deficiency tain Marine Corps modernization. forms the process for managing the in procurement, and this agreement There is authority to procure essential procurement of the information tech- takes a step toward resolving that defi- components such as: LHD–7 and LPD– nology which provides our front-line ciency. 17; the Advanced Amphibious Assault troops with the latest and best infor- Our Armed Forces were able to pre- Vehicle; additional AV–8B aircraft; and mation about their situation. vail in the Gulf war because they had the V–22 aircraft. Mine clearance and I would like to point out that all the superior equipment that had been de- surface fire support are also strongly acquisition reform provisions con- veloped, built, and fielded long before supported in this conference report, as tained in sections D and E of the bill the threat of an Iraqi invasion is a wide spectrum of basic Marine will be lost if the conference agreement emerged. Our military men and women Corps needs. is not enacted. Federal agencies will were superbly trained because we rec- Since the end of the cold war, the not be able to acquire technology from ognized the inherent value of keeping committee has emphasized programs the commercial sector rapidly. The ad- our military trained and ready, not be- that would counter the threat posed by ministration will take the blame for cause we planned to fight a war with the proliferation of weapons of mass failing to enable reform, despite their Iraq. This experience serves to rein- destruction. The conference report extensive rhetoric about how such re- force the lesson that you cannot sac- would authorize funds for the forms are needed. rifice future readiness in order to save counterproliferation support program. I am pleased that the conferees current readiness. Both must be funded The nerve gas attacks in Japan and the agreed that the military services have adequately, or both will be lost. bombing in Oklahoma this year high- been underfunded and, in many cases, That is the situation we confronted light the need to protect not only our overextended, and that these problems as we approached our work this year, military personnel, but also our citi- had to be corrected. It is difficult to and we took our time in order to get it make the case, as some have tried, that zens within the United States, against right. By proceeding carefully and de- the budget proposed by the administra- the use of weapons of mass destruction liberately, the conferees ultimately tion is adequate in light of testimony by terrorist organizations or trans- achieved a responsible, thoughtful, and by the Comptroller of the Department national groups. effective authorization bill. Although Now more than ever, our U.S. mili- of Defense that defense is underfunded this legislation will serve as a roadmap tary relies on space to sustain a broad by approximately $50 billion. The Gen- to guide our national security into the mix of space- and ground-based capa- eral Accounting Office has concluded 21st century, it is not all that I had that the shortfall is actually closer to bilities to meet multiservice and joint hoped for, and our task is not yet fin- $150 billion. This legislation takes a warfighting requirements. These funds ished. However, this legislation ad- step toward correcting this shortfall by would accelerate the development and authorizing $7 billion above the budget dresses future readiness requirements deployment of essential military tech- request. This is only a small amount of by adding substantial funds to procure- nologies and capabilities to combat nu- the deficiency. ment so that our forces will have supe- clear, chemical, biological and radio- The additional budget authority is rior, modern systems ready for any fu- logical weapons. also necessary because the demands ture conflict. The conference report would require placed upon our military in the past 2 The budget request raised grave con- the Department of Defense, the Depart- years have been greater than their cerns about the Navy’s future force ment of Energy and other appropriate budgeted requirements. These demands structure, but the conferees addressed Government agencies to report to Con- came at a time when the force was the most serious shortages in the area gress on their military and civil de- being reduced in the most dramatic of seapower. The funds requested for fense preparedness to respond to these drawdown since the end of the Second shipbuilding were at the lowest level emergencies. The conference report World War, and often exceeded the op- since before 1950 and the number of would also authorize the Department erating tempo of the cold war years. As ships, three, was the lowest number of Defense to provide assistance in the a result, current readiness declined since the Great Depression. Next year’s form of training facilities, sensors, pro- late last year and funds were moved or shipbuilding budget is even lower, and tective clothing, antidotes, and other budgeted by the administration from the Navy’s 6-year shipbuilding plan materials and expertise to Federal, future readiness accounts to current will not sustain a fleet of 200 ships, let State, or local law enforcement agen- readiness accounts in order to prevent alone the 335 needed to meet the ad- cies. further movement toward a new hollow ministration’s own bottom-up review In the area of arms control, the con- force. force structure goals. Shipbuilding ference report authorizes funds that The Committee on Armed Services budgets in the period beyond the 6-year would enable the United States to meet took note of the decline and added plan will have to reach historical highs its treaty obligations to destroy or dis- funds in this agreement to some cur- of $13 to $15 billion just to catch up. mantle chemical and strategic nuclear rent readiness accounts. However, I By utilizing the additional resources weapons and material, as well as pro- would like to stress again to my col- made available for defense by this vide $300 million for the Cooperative leagues that the greater problem in year’s budget resolution, the conferees Threat Reduction Program, to aid the readiness is not in the current readi- were able to add $1.5 billion in order to destruction of nuclear and chemical ness accounts but in modernization and double the number of ships that will be weapons in the former Soviet Union. procurement. These accounts remain bought this year. There is now author- On the question of theater missile de- significantly underfunded, and I am ity to procure six Arleigh Burke class fense demarcation, the conference out- concerned that our Armed Forces may destroyers, two amphibious ships, and come is virtually identical to the Sen- not have the modern, up-to-date equip- a Seawolf submarine. Ships that were ate-passed provision. This should alle- ment they will need to overmatch any added are in the Navy’s shipbuilding viate concerns about constraining the potential adversary. plan; those ships had been squeezed President’s prerogatives in negotia- Procurement funding has declined by into the outyears by the severe con- tions while fulfilling the constitutional 44 percent since 1992 and procurement straints of near-term budgets. responsibility of Congress to review the S 18704 CONGRESSIONAL RECORD — SENATE December 15, 1995 results of those negotiations. I believe clear weapons laboratories in Califor- last time we adjusted SGLI was during we have addressed all the concerns of nia and New Mexico, enabling us to de- the Persian Gulf war. Ironically, we the administration and the minority termine whether DOE can maintain need to make another adjustment to conferees. long-term confidence in our nuclear SGLI as we again deploy U.S. forces in On national missile defense, the con- weapons without conducting under- harm’s way. I sincerely hope that no ference agreement strikes a balance be- ground nuclear testing. family finds itself in a position to re- tween opposing views. The administra- The bill also focuses resources on ceive this increased benefit, but I am tion and others have argued that re- cleaning up the highest priority nu- pleased that we were able to authorize quiring deployment of a multiple-site clear waste problems at the former nu- the increase. However, it will not take national missile defense system by a clear materials production sites, and effect unless this bill is enacted. date certain would constitute an antic- accelerating certain clean up sched- The conferees also recommend $480 ipatory breach of the ABM Treaty. Al- ules. It also funds the isolation and re- million above the budget request for though I do not agree with this argu- duction of spent nuclear fuel rods, military construction, particularly for ment, the conferees attempted to sat- some of which are beginning to cor- military housing, mission-related fa- isfy this concern. The conference rode. cilities, and revitalizing infrastructure. agreement requires the Secretary of This legislation sends the message to The conference agreement establishes Defense to develop an NMD system DOE that the maintenance of a safe new authorities for the construction that will achieve an initial operational and reliable nuclear weapons stockpile, and improvement of military housing capability by the end of 2003. However, sized to defense requirements, contin- that will permit shared public-private we do not require that this be a mul- ues to be the DOE’s core mission and funding in order to maximize opportu- tiple-site system, although it is clear the primary reason for its existence. It nities at the lowest cost possible. that our ultimate goal is a multiple- also tells DOE to get on with real clean This agreement also takes a major site system. up at the highest priority nuclear step toward a more streamlined gov- I am very disturbed to hear some waste problem sites. ernment acquisition process. Provi- talk about vetoing this agreement over To continue on the topic of environ- sions of the bill will enable greater ac- the ballistic missile defense provisions, mental stewardship, the agreement es- cess to commercial technologies for because I believe the conference out- tablishes uniform national discharge Federal agencies. These include reliev- come is balanced and fair. If this veto standards for vessels of the Armed ing burdens on contractors who supply comes to pass, it will become clear that Forces. This important environmental commercial items as well as giving the administration’s arguments over initiative will be lost if the bill is not agencies the ability to acquire new the ABM Treaty were merely attempts enacted. commercial products from the market- to block the deployment of any type of Quality of life for military personnel place. This will result in savings to the national missile defense system, to in- and their families was an important taxpayer and create new opportunities clude one that complies with the ABM priority for the committee. In the for businesses. We have taken this Treaty. At a time when we are about to areas of personnel, compensation, and major step in acquisition reform while deploy 20,000 Americans to Bosnia, I health care, the conferees authorized a maintaining the requirement that con- find it hard to believe that the Presi- 2.4-percent pay raise for members of tracts be awarded using full and open dent would veto this important bill the uniformed services effective Janu- competition. simply because he does not want the ary 1, 1996. We also authorized a 5.2- Mr. President, I would like to express American people to have a modest de- percent increase in the basic allowance my appreciation to my colleagues on fense against ballistic missiles. for quarters to close the gap between the Committee on Armed Services for In matters relating to readiness, the the current allowance and actual hous- their cooperation and wisdom in devel- conferees agreed to an approach to re- ing expenses. oping and approving this agreement. I form the process of allocating and per- The conferees changed the 1996 mili- extend my appreciation to the distin- forming depot-level maintenance and tary retired pay cost-of-living adjust- guished ranking minority member of repair. If this bill is not enacted, the ment to be effective March 1, 1996 and the committee, Senator NUNN, for his administration will be throwing away paid on April 1, 1996. In 1997, the COLA bipartisan work during the conference. its best chance to reform the process will be effective December 1, 1996 and I want to thank my staff director, Gen. by which depot maintenance work is paid on January 1, 1997. In 1998, mili- Dick Reynard, and the majority staff allocated and performed. The conferees tary COLA will conform to the civilian for their fine work. I would also thank also authorized funds above the budget COLA date. I am delighted that we General Arnold Punaro and the minor- request for base operations, real prop- were able to restore the alignment of ity staff for their contributions. I ask erty maintenance, and recruiting. the military retiree and Federal civil- unanimous consent that a list of the The section on Department of Energy ian retiree COLA dates. This has been staff be printed in the RECORD. national security programs contains a priority of the committee since 1993.I There being no objection, the list was numerous important provisions to want to acknowledge the contributions ordered to be printed in the RECORD, as strengthen the U.S. nuclear weapons of my friend Senator DOMENICI, chair- follows: program. These include $118 million man of the Budget Committee, for his MAJORITY STAFF above the request for stockpile man- help in making the COLA adjustment Charlie Abell, Tricia Banks, Les Brownlee, agement. It also directs DOE to mod- possible. Dick Caswell, Monica Chavez, Chris Cimko, ernize its remaining manufacturing However, neither the full pay raise Greg D’Alessio, Don Deline, Marie Dickin- son, Shawn Edwards, Jon Etherton, Pamela plants in Missouri, Tennessee, Texas, nor the retiree COLA equity provision Farrell, Melinda Koutsoumpas, Larry and South Carolina. Modernization is will take effect unless this agreement Lanzillotta, George Lauffer, Shelley Lauffer, necessary to meet the near-term infra- is enacted. Steve Madey, John Miller, Ann Mittermeyer, structure requirements of the nuclear We directed the Secretary of Defense Bert Mizusawa, Joe Pallone, Cindy Pearson, posture review and signals that the to establish a dental insurance plan for Connie Rader, Sharen Reaves, Dick Reynard, United States will maintain the capa- members of the selected reserve, simi- George Robertson (GPO staff), Steve bility to repair and refabricate our nu- lar to the active duty dependent dental Saulnier, Cord Sterling, Eric Thoemmes, clear weapons stockpile. plan, with voluntary enrollment and Trey Turner, Roslyne Turner, Deasy Wagner, The bill provides $50 million for the premium sharing. We also authorized and Jennifer Wallace. first year of an initiative to provide a an income protection insurance plan MINORITY STAFF new source of tritium gas. Because for members of the ready reserve. Dick Combs, Chris Cowart, Rick DeBobes, With the cooperation of the Veter- John Douglass, Andy Effron, Jan Gordon, tritium decays, and since we ceased Creighton Greene, P.T. Henry, Bill Hoehn, production in 1988, we must complete a ans’ Affairs Committee, we were able Jennifer Lambert, Mike McCord, Frank Nor- new production facility early in the to adjust the automatic level at which ton, Arnold Punaro, Julie Rief, and Jay next decade. service members enroll in the Service- Thompson. The bill authorizes several stockpile men’s Group Life Insurance Program The PRESIDING OFFICER. The Sen- stewardship initiatives at the three nu- to $200,000, effective April 1, 1996. The ator from Georgia. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18705 Mr. NUNN. Mr. President, Senator language. We made very substantial including missiles that we called THURMOND has shown great patience changes from what had come out of the MIRV’d, multiple warhead missiles. We and endurance through a long and dif- Senate committee. We worked closely have feared for years that these mis- ficult negotiation with the House. I with the White House to make sure siles could cause tremendous problems have great respect for Senator THUR- that whatever product we presented as in terms of the nuclear balance and MOND and for his leadership. I commend a compromise would be something that could lead to an incentive for one side him for his diligent efforts. Without his the President would be able to sign. We to strike first. strong efforts we would have never achieved that through a great deal of This is not trifling. This is not pick- been able to get this report out of con- effort. In the conference to work this ing at words. Every word in this Mis- ference. out, I again worked with Senator sile Defense Act is of great importance It has been a very difficult year. I THURMOND and others, including Con- and the White House, the Department signed the conference report out of my gressman CURT WELDON on the House of Defense, and the National Security great respect for Senator THURMOND, side, and Members on our side, to try Council and the State Department and I have also voted in favor of the to achieve a compromise between the have every reason to examine every motion to proceed. This will give the Senate and the House versions in a way word. And, regarding things to which Senate the opportunity to consider this that would not lose the approval of the we do not completely attach the same conference report. As I said this morn- administration. The administration significance, we must remember that ing on the floor of the Senate, contrary had been reluctant to move as far as we they are the ones negotiating with the to one newspaper article, I am not lob- did on the Senate bill but did agree Russians. They are the ones in touch bying Senators to vote against this with it before we passed that bill. with the Russians on a day-by-day bill. To the contrary, I am making sure Mr. President, the bottom line of all basis, and it is the executive branch that everyone understands my posi- this is that the missile defense lan- that really has to work on this matter. tion. I do have serious reservations. I guage in this act goes well beyond the So we have to have, I think, some def- will vote against the bill. But everyone mandates both of the House-passed bill erence to their judgment. will have the conference report before and the Senate-passed bill. I will go This conference struggled and tried. them and they can make up their own into more detail on Monday on this, or We tried to get it worked out. I think minds. whenever I speak again. But this is not it was a good-faith effort by Senator I think this bill deserves to be voted an issue to be taken lightly. This is not LOTT, the Senator from Mississippi, on. I have urged everyone on our side an issue that is a question of one word Congressman WELDON, myself and oth- not to cause any kind of undue delay. or two words or one sentence. This is ers. But we did not achieve that goal, There are a number of Members who enormously important. primarily because the House insisted want to speak and there are a number We have achieved, under Republican we continue to work from the House of Members who will speak, I am sure. Presidents primarily, an arms control language. Every time we worked out But it is certainly my hope that we agreement called START II. That arms one problem with two or three words will be able to come to a conclusion on control agreement, I believe, has come here, two or three words there, instead this bill. I will do everything I can to out of the Foreign Relations Commit- of working off the Senate language so cooperate in bringing this bill to a vote tee now. Although I am not certain, I we would have known what the under- and in making sure the conference re- believe the vote was unanimous. lying fundamental provisions were, it port is sent to the President for what- There is no doubt in my mind that came back in some sort of a new con- ever he may decide to do. all the defense experts that I know As I said on the floor of the Senate glomeration of House language. All of have concluded that this agreement is this morning, and as I said when I this is in multiple pages, anywhere in the best national security interests signed the conference report earlier from 10 to 20 pages. Therefore, we had this week, I have serious reservations of the United States and Russia. This to go over every word again. about the conference report and I will START II Treaty has not been ap- This went on and on and on. Finally, vote against the it when we vote. I also proved by the Duma in Russia and it is I had suggested many times that we made it clear this morning that, in my much more controversial there than it should work off the Senate language, judgment, the report speaks for itself. is here. The one thing we know is that which would have narrowed the scope Each Senator can readily make his or if we convey the impression in this bill of what we had to examine. But, finally her own judgment as to whether the or in this conference report that the the time came when I know Senator conference report merits their support. United States Senate is going to THURMOND had to make a decision, as On Monday I will give a detailed breach in any way or disregard or have did his counterpart, Congressman speech outlining my concerns—assum- an anticipatory breach of the ABM SPENCE, to complete this conference re- ing we are on the conference report on Treaty, that action will make it ex- port. I understand their position. But Monday, or whenever we are on it. For tremely unlikely that the Russian this is enormously important. The De- now, I will just highlight my major ob- Duma will ratify the START II Treaty. partment of Defense and the White jections. In the name of protecting our own House disagree with this language. The ballistic missile defense legisla- country against missiles that may be There are legitimate and sincere fears tion contains national defense lan- aimed against this country in the fu- that this kind of language could end up guage which goes well beyond the man- ture, it would be the supreme folly if being extremely counterproductive to dates both of the House-passed and of we passed a piece of legislation that is our Nation’s security. I share those ap- the Senate-passed bill. As Senators will going to unwind the efforts made by prehensions and I will urge all Sen- recall on this subject, during the de- several Presidents to get to the point ators to take a close look at this lan- bate on the Senate bill, Senator THUR- where we have dramatically reduced guage. MOND asked that Senator LEVIN and I the number of Russian missiles that My second problem with this bill is join Senator WARNER and Senator are aimed at the United States. Those that it includes a specific legislative COHEN to work on the missile defense reductions are going to occur in provision that would abolish the statu- language because there were obviously START II, if that treaty is ratified. If tory requirement which came from the a great number of Senators who were we do something in this legislation, Congress of the United States—Senator very concerned about that language. A whether we intend it or not, that inad- COHEN and I led the way on this—for number of us had voted against that vertently causes that treaty not to be the Assistant Secretary of Defense for language in the committee. I was con- ratified in the Russian Duma, then we Special Operations in Low Intensity cerned about it. It was apparent that would have taken probably the most Conflict. the bill on the Senate floor was going gigantic step backward in arms control I believe that abolishing that statu- to have a hard time being brought to a that we have taken in many years. tory authority could undermine civil- conclusion without some consensus on I emphasize, this START II Treaty ian oversight of special operations. ballistic missile defense. basically requires dismantling literally Special operations forces are abso- We spent about 4 or 5 days working thousands of missiles that for years lutely necessary. These are the special- very carefully with every word of that have been aimed at the United States, ists. These are the people—the SEALS S 18706 CONGRESSIONAL RECORD — SENATE December 15, 1995 and the special forces—who go into I also have problems with the direc- The only way authorization and ap- very dangerous situations in almost tive for procurement of specific ships propriations can work together is if we every area. They are the best trained at specific shipyards that are not tied are the ceiling on weapons systems and military individuals we have. They to any clear industrial base require- on major considerations and if the ap- take the most risk. They are in many ment. Sometimes it is justified, but propriators have the ability to come types of activities, including activities when there is no industrial base re- and cut under our amount as they see of a highly classified nature. quirement, it undermines the cost-sav- in their discretion. The Special Operation Force was ing potential of competition. This is Finally, there is an earmark for non- begun by a legislative act which Sen- micromanagement in a sense that costs competitive ship maintenance con- ator COHEN and I co-authored. We de- the taxpayers money in almost every tracts for a specific shipyard. I do not cided at that time—and I think that case. know that the amount of money in- the wisdom of that decision has been Mr. President, I think this bill has a volved is vast. I am not sure how much demonstrated very clearly—that, if we vast number of certifications and re- the amount of money is. I will find out are going to have those kinds of special ports, and it gets into by the time of my next speech on this forces, we need civilian control not just micromanagement. We have had some subject. But I think the principle of in the general sense but in the sense of of that in past bills. I do not say that having an earmark for a noncompeti- having an Assistant Secretary of De- it is unique in this one. But it is of con- tive maintenance contract for a spe- fense who is responsible for the Special cern. cific shipyard is a very bad practice Operation Forces. The issue is civilian I am also concerned about Buy Amer- that will cost the taxpayers money. It control. We do not want to lose the ci- ican provisions for ships and naval certainly does away with competition. vilian control of those forces. equipment which will result in signifi- But this legislation, in my view, mis- And that can, as we have seen in the cant cost increases for naval vessels takenly abolishes the Assistant Sec- past, cause a containment problem. If and which could produce an unfavor- retary of Defense for Special Oper- one shipyard has it, another shipyard able reaction against U.S. military ations and Low-Intensity Conflict. wants it. And if another shipyard has sales abroad. That does not mean, in theory, that it, the other shipyard wants it. Pretty Mr. President, military equipment is there will not continue to be civilian soon you have eliminated competition one of the areas where we have a trade control with the Secretary of Defense and you have gone to a very serious surplus. If we start putting numerous in charge. It means that the focus of ci- erosion of stewardship in terms of the provisions in here saying you can only vilian control over special operations taxpayers’ money. buy this product from America, the on a daily and weekly basis is likely to Finally, Mr. President, there is the people who are going to end up paying be eliminated with the abolishment of creation of a special congressional the price are the workers for aerospace the statutory requirement for that po- panel on submarines. This probably sition. I think this is a mistake. It is a companies and for other companies will not concern other Senators. It con- fundamental mistake. that now have very strong export busi- cerns me because that is our job on the There is legislation in the conference ness. Believe me, when you put a Buy Armed Services Committee. But, this report in which I know many people American provision in here, you pay a bill creates a congressional panel, and I will be interested on the floor of the price for it. Other countries retaliate, think that needlessly duplicates the Senate because, again, it addresses an- and there we go in terms of restricting oversight role of the Armed Services other position that was created by the trade and increasing prices. Committee. Congress. I know the Senator from Ar- Mr. President, I also am concerned Mr. President, I ask unanimous con- kansas and the Senator from Iowa were about something which I know the ap- sent that a statement I released when very involved in an effort that lan- propriators have felt keenly about in this conference report came out be guage in this conference report that the past. I am not sure how they feel printed in the RECORD, and I will make would abolish: the statutory require- about it at this point in time. But Sen- further remarks at a later point in ment for an independent Director of ator BYRD and I have talked about this time during this debate. Operational Test and Evaluation. Many on numerous occasions in relation to There being no objection, the mate- fear—and I share this fear—that abol- this bill. There are mandated spending rial was ordered to be printed in the ishing the statutory requirement for floors in the shipbuilding language; RECORD, as follows: this position could undermine objec- that is, requirements that say you have DECEMBER 13, 1995. tive, unbiased testing of major weapons to spend this much money—not an au- SENATOR SAM NUNN (D–GA), RANKING MEMBER systems. In other words, it would abol- thorization saying you can spend this OF THE SENATE ARMED SERVICES COMMITTEE, ish the statutory requirement to get much money, but a floor saying you TODAY RELEASED THE FOLLOWING STATE- testing and evaluation away from the have to spend this much money. MENT program managers who have been Mr. President, this directly con- I congratulate Senator Thurmond upon the somewhat generous in seeing that it travenes a longstanding agreement be- completion of the House-Senate conference worked which many times resulted in a tween the Armed Services Committee on the National Defense Authorization Act for Fiscal Year 1996. Senator Thurmond has lack of objectivity either in reality or and the Appropriations Committees where I, at least as chairman, pledged shown great patience and endurance through in perception. a long difficult negotiation with the House. Another problem I have with this not to place floors in the authorization Out of respect for Senator Thurmond, par- conference report is that the Naval Pe- bill. We put the ceiling on. We say you ticularly in his first year as chairman, I have troleum Reserve sale provision estab- cannot spend any more in this area or signed the conference report. This will give lishes a 1-year timeframe for the sale that area. But, in this conference re- the Senate the opportunity to consider the even though the budget reconciliation port, we become the floor. If we say report. I want to make it clear, however, bill no longer mandates sale within 1 you cannot spend any less, that in ef- that I have serious reservations about the year. Originally, this was mandated in fect cuts out the appropriations proc- conference report, and I plan to vote against ess in that particular area. the report when it is considered by the Sen- the reconciliation bill in order to raise ate. revenue. The Naval Petroleum Reserve The reason I object to this is because During the conference, the Administration is a complex operation, and compress- I think the appropriators must respect raised a number of important objections to ing the timeframe for sale to within 1 that we are the ceiling. If they do not the bill: year, I believe, is insufficient time. I pay attention to our ceiling, if they go The Administration identified constitu- fear that the taxpayers will not get the over those ceilings, there is no point of tional problems with the restrictions on the maximum value through knowledge- an authorization process. In other President’s foreign policy and Commander- able competitive bidding. It could give words, if we say that we are not only in-Chief powers imposed by the provisions on one or two companies a real inside po- the ceiling but we are also the floor, contingency funding and UN Command and Control. sition on an enormous amount of value you cannot spend more but you also The Administration also raised serious ob- in terms of competitive bidding. So, cannot spend less than this for a cer- jections to the ballistic missile defense legis- that is also a provision about which I tain item, then it undermines the ap- lation, which contains National Missile De- am concerned, Mr. President. propriations process. fense language that goes well beyond the December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18707 mandates of both the House-passed and Sen- promises within the conference report which quest for research and development and ate-passed bills. I do not particularly support but which I un- to increase the authorization for pro- The Administration has expressed serious derstand in the context of the give and take curement.’’ concerns about the impact of the proposed of conference. The issues I have raised in this So, I do not know whether the Penta- conference report language on Russian con- statement, however, represent fundamental sideration of the START II Treaty, which is flaws in the conference agreement. gon has the authority to start buying designed to produce a major reduction in If the conference report is not approved by 20 additional bombers or not. The thing Russian nuclear weapons. the Senate, or if the legislation is vetoed by that is strange to me about this is it The Administration is also concerned that the President, we will have an opportunity says, ‘‘Therefore, the Senate conferees the language could lead the Russians to to correct these flaws. The conference report believe.’’ It does not say the House con- abandon other arms control agreements if contains important legislative authorities, ferees believe. I was curious as to how they conclude that it is U.S. policy to make such as: this could be written with the Senate unilateral action to abandon the ABM Trea- A variety of military pay and allowance ty. provisions. conferees believing one thing and the I have serious reservations about these Approval of Secretary Perry’s family and House conferees believing something provisions and numerous other provisions of troop housing initiative. else. Both sides usually have to concur, the conference report, including: Detailed acquisition reform legislation do they not? Legislation that would abolish the statu- that complements last year’s Federal Acqui- On another matter. Let me say to the tory requirement for an Assistant Secretary sition Streamlining Act. distinguished ranking member also, he of Defense for Special Operations and Low Senator Thurmond and the Committee worked long and hard to develop these im- touched on the plan to sell the Naval Intensity Conflict, which could undermine Petroleum Reserve at Elk Hills, which civilian oversight of special operations. portant provisions, and I pledge to work to- Legislation that would abolish the statu- wards their enactment in a subsequent bill if really hit a nerve with me. I think it is tory requirement for an independent Direc- the legislation in this conference report is the height of folly financially and eco- tor of Operational Test and Evaluation, not enacted into law. nomically to be selling off such assets which could undermine unbiased testing of Mr. NUNN. Mr. President, I repeat and take credit for it under the Budget major weapons systems. for all Senators that I think we ought Reconciliation Act. Until this year it The Naval Petroleum Reserve Sale provi- to have a good debate on this bill. I was specifically prohibited to count the sion, which unwisely establishes a one-year sale of assets in budget deficit reduc- time frame for the sale, even though the think there are things that are serious budget reconciliation bill no longer man- here that ought to be discussed. Voting tion. In other words, CBO was not to dates sale within a year. The one year period against this bill is certainly not some- score asset sales. is insufficient to ensure that the taxpayers thing that I relish. I thought that was a good rule. I have get the maximum value through knowledge- There is military pay in here for our tried to reinstate it a couple of times able competitive bidding. troops. I hope we can find some other and came within a couple of votes of Directed procurement of specific ships at way because I do not want to go getting it done. I think it was Mr. specific shipyards without a clear industrial through the process of replacing a Bowsher who used to be at CBO who base requirement, which undermines the said that selling assets to reduce the cost-saving potential of competition. number of provisions in this bill. But, Buy American provisions for ships and on the matter of military pay, I will do deficit reminded him of the lawyer that naval equipment which will result in enor- everything I can, if this bill does not came home from work one day and told mous cost increases for naval vessels and become law, to see that we find an- his wife he had a great day, and she which could produce an unfavorable reaction other vehicle. I think it is enormously said, ‘‘What happened?’’ He said, ‘‘I against U.S. military sales abroad—one of important that we be able to resolve sold my desk.’’ That is what we do the strongest elements of our export econ- that problem before we go home. when we sell off assets. omy. Mr. President, I thank the Chair. One other question, because the Sen- Mandated spending ‘‘floors’’ in the ship- Mr. BUMPERS. Mr. President, I won- building language—requirements to spend ator from Georgia was very active in specified amounts for particular programs— der if the Senator will yield for a cou- crafting the so-called ABM language which directly contravene the longstanding ple of questions. I do not want to take when that bill was in this Chamber. My agreement between the Armed Services and the time of the Senator from South staff has indicated to me that this bill Appropriations Committees to not place Carolina, but the committee report on would torpedo the ABM Treaty. Could ‘‘floors’’ in the Authorization bill. the B–2 bomber is mildly confusing. the Senator from Georgia comment on An earmarked non-competitive ship main- I just wonder if the distinguished that? tenance contract for a specific shipyard. ranking member could enlighten us as Mr. NUNN. I say to my friend from Creation of a special congressional panel to what discretion the Pentagon has on on submarines, which needlessly duplicates Arkansas, I would not go quite that the oversight role of the Armed Services how it spends the additional $493 mil- far. I would say that is the apprehen- Committee. lion that is authorized for B–2’s? sion that the interpretation of this lan- Failure to include Senate-passed provi- Mr. NUNN. I say to my friend from guage could lead some, perhaps all in sions which should have been non-controver- Arkansas that is a good question. I the Russian Duma that will be consid- sial, such as U.S.-Israeli Strategic Coopera- think that ought to be directed to the ering this, to believe that this is in the tion, the Defense Business Management Uni- majority. I was not in on that negotia- nature of what I would call, for lack of versity, and a North Dakota land conveyance tion. I have read that language and I a better term going back to law schools that meets all of the Senate’s objective cri- would be hesitant to try to interpret it. teria. days, an anticipatory breach. Weakening the Senate-passed formula for I think Senator COHEN has been in- I do not think anyone could say that equity in cost-of-living adjustments for mili- volved in it, and also Senator LOTT. I this is a direct breach because nothing tary retirees. am sure Senator THURMOND is familiar has happened. Passing a law does not Designating every single line of National with it. So, I think you would be better make it happen. But there is an old Guard and Reserve procurement funds, rath- served to direct the questions to them. story from law school I recall well in a er than providing generic categories that can Mr. BUMPERS. For the benefit of the course on contracts in which the pro- be used by the Department of Defense to majority, who apparently crafted this fessor was trying to explain what an- meet priority Guard and Reserve require- report, I would like to say there is ments. ticipatory breach meant, and he said: Earmarking Department of Energy defense something here that is ‘‘passing Let’s assume that a man goes from At- funds for numerous unrequested projects and strange,’’ as we say in Arkansas. The lanta, Georgia, to New York and negotiates programs at designated sites. report says, ‘‘Therefore, the Senate for 2 weeks to sell the Hurt Building. This Restrictions on access of servicewomen conferees believe that the increased au- was a big building in downtown Atlanta. Now and dependents overseas to privately-funded thorization of $493 million provided for it is not one of the big ones, but it was well abortions, and the imposition of special dis- the B–2 bomber program may be ex- known back when I was in law school. charge procedures for HIV-positive pended only for procurement of B–2 He finally concludes the contract. They sign the deal, and the buyer agrees to buy it servicemembers—a small fraction of our components, upgrades, and modifica- military population—which needlessly inject for a certain amount and the seller agrees to domestic political issues into military man- tions that are of value for the existing sell it. And so the buyer says, ‘‘Let’s go out power policies. fleet of B–2 bombers.’’ to dinner and celebrate. We have been nego- I recognize that the Senate could not pre- At another place, it says, ‘‘The con- tiating long and hard.’’ But the seller says, vail on all issues. There are many other com- ferees agree to authorize the budget re- ‘‘No, I can’t do it. I’ve got to rush back to S 18708 CONGRESSIONAL RECORD — SENATE December 15, 1995 Atlanta.’’ The buyer then said, ‘‘Why? You of Elk Hills was initiated by President Shale Reserve Numbered 2 be studied for pos- have been here 2 weeks. Why don’t you relax Clinton and one of his Cabinet officers, sible inclusion in the national wild and sce- and celebrate. You have just sold a big build- Secretary O’Leary. nic rivers system. ing. I don’t see why you have to go back to The National Defense Authorization Act Atlanta.’’ To which the seller replied ‘‘Be- Mr. BUMPERS. I was aware of that, for Fiscal Year 1994 directed the Secretary to cause I have to go back down there and buy and I said earlier in the Chamber the ‘‘study management alternatives for the Re- that building.’’ President has a right to be wrong just serves, including the concept of Well, he just sold something he did like everybody else. corporatization.’’ The proposed legislation not own. Now, the contract did not call Mr. WARNER. Then I think that con- would respond to that directive and allow for performance for another 30 days. So cludes my rebuttal to the Senator. the Administration to maximize the value of Mr. NUNN. Will the Senator yield? the Naval Petroleum and Oil Shale Reserves. it was not direct breach, but it is in the The Balanced Budget and Emergency Defi- legal terms an anticipatory breach. Mr. WARNER. I ask unanimous con- cit Control Act of 1985 (the ‘‘Balanced Budg- And that is what the fear is here, that sent that I can place into the RECORD a et Act’’) requires that all revenue and direct this could be taken as anticipatory letter from the Secretary of Energy spending legislation meet a pay-as-you-go breach. dated May 4, 1995. requirement through FY 1998. That is, such a Mr. BUMPERS. I think the Senator There being no objection, the letter bill should not result in an increase in the describes the situation perfectly. was ordered to be printed in the deficit, and if it does, it would trigger a se- quester if not fully offset. The Naval Petro- I might say, Mr. President, this is RECORD, as follows: not particularly apropos of the story leum Reserves Privatization Act will result THE SECRETARY OF ENERGY, in proceeds of approximately $2.6 billion in he just told, but it is one that might Washington, DC, May 4, 1995. FY 1997. A provision of the Balanced Budget introduce a little levity here on a Fri- Hon. ALBERT GORE, Act generally prohibits counting the pro- day afternoon. President of the Senate, ceeds of asset sales as offsets to spending. Chet Lock, who used to be Lum, in Washington, DC. However, the enclosed legislation includes a Luck and Abner, became a very good DEAR MR. PRESIDENT: Enclosed is a draft provision (§ 202) to allow the proceeds to be friend of mine when I ran for Governor bill to authorize privatization of the Naval counted as offsets to spending. This provi- the first time, and he told me a great Petroleum and Oil Shale Reserves. This leg- sion is patterned after the waivers of emer- islation, which is proposed in the President’s story about a fellow who owned a horse gency spending provided by the Balanced FY 1996 Budget, is part of the Administra- Budget Act and is being proposed for several and another fellow who came by one tion’s ongoing effort to reinvent the Federal asset sales being recommended by the Ad- afternoon. The visitor said, ‘‘What Government. ministration for FY 1996. would you all take for that horse?’’ He The Naval Petroleum and Oil Shale Re- The Office of Management and Budget has owner said, ‘‘I’d take a hundred dol- serves, consisting of Naval Petroleum Re- advised that enactment of this proposal lars.’’ And the visitor said, ‘‘I think I’ll serves Numbered 1, 2, and 3 and Oil Shale Re- would be in accord with the President’s pro- buy him.’’ So he paid a hundred dollars serves Numbered 1, 2, and 3, were designated gram. and took his horse home. And the by Executive Order near the start of this Sincerely, original owner could not sleep that century to provide an emergency source of HAZEL R. O’LEARY. fuel for the Navy’s fleet as it converted from night. He got to thinking: If that horse Enclosure. coal to oil. In response to the Arab oil em- Mr. NUNN. If I could make a brief ob- is worth a hundred dollars to him, cer- bargo of 1973–74, Congress passed the Naval servation. tainly it would be worth more than Petroleum Reserves Production Act of 1976, Mr. WARNER. Whatever time is nec- that to me. which significantly altered the mission of essary. So he called the guy the next morn- the Naval Petroleum Reserves, requiring Mr. NUNN. I would say two things on that these Reserves be produced at their ing and said, ‘‘Listen, that horse is that point. One is in the original rec- pretty dear to me. I raised him from a ‘‘maximum efficient rate’’ in order to ensure a reliable fuel supply for national security. onciliation bill there was a mandate foal and I really hate to part with him. for sale, so when we brought this I will give you $200 to buy him back.’’ Since 1976, oil and gas from the Naval Pe- troleum and Oil Shale Reserves have been through the committee we debated it, The other said, ‘‘Well, come and get sold on the commercial market, to the Stra- we put safeguards in it, and there were him.’’ So he went over and gave the tegic Petroleum Reserve, or to the Depart- many of us who were concerned that guy $200. And the other fellow got to ment of Defense. The program has been high- the timeframe was too compressed. thinking that night: He knows some- ly successful, returning approximately $16 When the President originally proposed thing I don’t know or he wouldn’t have billion to the U.S. Treasury, against total this, he proposed it over a 2-year pe- given me a hundred dollars’ profit on costs of just over $3.1 billion. The program riod. that horse. The next day he called him continues to be a revenue generator, still re- turning in excess of $200 million in net reve- The difficulty, I say to my friend back and said, ‘‘I will give you $400 for from Virginia, is not so much the sale to buy that horse back.’’ This kept nues to the U.S. Treasury annually. The enclosed proposal has several ele- itself. But if there is going to be a sale going on until they got the horse up to ments. First, the proposal would authorize of this very large asset, the feeling has about $3,000, and one morning one of the Department to privatize the Govern- been that it ought to be over a period them called the other and said, ‘‘I’ve ment’s interest in the Reserves (excluding of time sufficient so that other compa- called to make you an offer on the Oil Shale Reserve Numbered 2) by the end of nies that may bid, so they can go in horse. Can I come and get him? I will FY 1997. The Administration believes sale of the Reserves will generate proceeds of $2.6 and study it, and so forth. pay you $200 more than you paid me.’’ The provision in this bill is 1 year. So The other man said, ‘‘I can’t do that. I billion, which is the current estimate of the discounted value of the revenues to the Fed- it is a move from the administration sold the horse.’’ He said, ‘‘You sold the request of 2 years to 1 year, and that horse?’’ The other said, ‘‘Yes, sold him eral Government from the properties. A per- centage of proceeds from privatization would greatly compresses the schedule and to somebody else.’’ And the first man be paid to the State of California to benefit puts on a whole lot more pressure. said, ‘‘Why would you do that? We were the Teachers’ Retirement Fund. This pay- That was not put in by the Senate, but both making a good living off of him.’’ ment would resolve a long-standing land dis- the House. I understand the House con- I yield the floor. pute with the State of California. Second, ferees insisted on it, and I think it is a Mr. WARNER addressed the Chair. the proposal would modernize the statute The PRESIDING OFFICER. The Sen- governing the operation of the Naval Petro- mistake. ator from Virginia. leum Reserves to ensure that the benefits to There is a safeguard here that the Mr. WARNER. Mr. President, before taxpayers are maximized pending privatiza- Secretary of Energy can negate the the distinguished Senator from Arkan- tion. sale, but there will be great pressure sas leaves the floor, I hope to make Finally, if privatization of the Reserves is for her not to do so because, if she ne- some reply about this Elk Hills situa- disapproved by the President or Congress, gates the sale saying she cannot do it tion. Is the Senator aware that the sale the proposal would transfer the management in 12 months, then there would be no of the Reserves to a for-profit, wholly owned of this was proposed by the President authority to make the sale. So the Government corporation, authorized to pressure is going to be there for an and one of his Cabinet officers? maximize net revenues through commercial Mr. BUMPERS. I am sorry; will the management and operating decisions. In early, quick sale of this asset, particu- Senator repeat the question? keeping with the Administration’s emphasis larly if this bill becomes law, and par- Mr. WARNER. Is the Senator from on protecting the environment, we also rec- ticularly with the pressure on the Arkansas aware that the proposed sale ommend that appropriate portions of Oil budget. That is what the problem is. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18709 Mr. WARNER. Mr. President, if I ministration at that stage was in favor years if you sold it, but if it loses an- might reply to my distinguished col- of the 1-year provision. I think the other $2.5 billion in revenue, it does not league, I am advised that senior DOE Senator is right. They, too, were seek- drive down the deficit; it increases it. officials have stated that the 1 year pe- ing money. I did not agree with the ad- So that is the problem. And that is why riod as required by the Senate bill was ministration on that. you need to give more time here, not- reasonable in their judgment. And I I am not here speaking for the ad- withstanding what the administra- would like at this point to put a second ministration on this. I am saying I tion’s position was at an earlier date. I letter into the RECORD from the Deputy think it is shortsighted, whether it is think the Senator is correct on that. Secretary of Energy, dated November the administration or whether it is Mr. WARNER. Mr. President, I would 13, 1995. I read one paragraph: Congress, to compress the timeframe like to point out that the CBO numbers In general, with the exception of Senate for the sale of this to a 1-year period did not include approximately $1 bil- provisions related in the treatment of the because I think it puts enormous pres- lion of savings in operating costs that State of California ‘‘school lands’’ claim, the sure on it and it gives undue leverage will result from the privatization of Administration prefers the NPOSRs privat- to the oil companies that are most fa- Elk Hills. In addition, these numbers ization provisions included in the Senate bill. In addition to congressional sale notifi- miliar with it. did not include the increased tax reve- cations and procedural safeguards included It takes quite a while for an oil com- nues that will result from the sale. I in both the House and Senate bills, the Sen- pany to go out and find out enough think that my good friend from Geor- ate bill provides enhanced safeguards guards about Elk Hills to make a reasonable gia will find that these two figures, against ‘‘fire sales’’ of the reserves, by au- bid. I thought it was a mistake to put taken together with the estimated sale thorizing the Secretary of Energy to notify it in the form of a mandate. If it is price of $1.5 to $2.5 billion, will result Congress if it is not proceeding in the best going to be sold, it should not be on the in much more significant revenues for interests of the United States and by author- pretension it helps balance the budget. the Federal Treasury than would con- izing the Secretary of Energy to notify Con- It does not matter whether it is sold in gress of any slippage of the sales schedule. tinued Government ownership of Elk 1996 or 1997, it will supply the same Hills. There being no objection, the letter amount of money. Mr. THURMOND. Mr. President, Sen- was ordered to be printed in the It will be the height of folly if we try ator NUNN has mentioned about the en- RECORD, as follows: to sell it in 1996 and get a lot less tire conference report being placed in THE DEPUTY SECRETARY OF ENERGY, money for the taxpayers, and not give the CONGRESSIONAL RECORD. That is Washington, DC, November 13, 1995. 2 or 3 years to the oil companies to correct. It was placed in the CONGRES- Hon. JOHN MCCAIN, U.S. Senate, make the kind of assessment needed SIONAL RECORD on Wednesday, Decem- Washington, DC. for a confident and vigorous competi- ber 13, 1995. DEAR SENATOR MCCAIN: As the Conferees tive process. I just wonder if we could not debate on the FY 1996 Defense Authorization bill Mr. WARNER addressed the Chair. this bill tomorrow and Monday and meet to resolve differences. I would like to The PRESIDING OFFICER. The Sen- have a final vote on Tuesday. Is there emphasize the Administration’s support for ator from Virginia. any objection to that? I just wanted to privatization of the Naval Petroleum and Oil Mr. WARNER. If I may reply, the know. Shale Reserves (NPOSRs) including Naval provision of the bill in the conference Mr. NUNN. Mr. President, I say to Petroleum Reserve Numbered 1 (Elk Hills). report provides a number of safeguards The Elk Hills Reserve is by far the largest my friend from South Carolina, this and most valuable of the NPOSRs. This com- to ensure the taxpayers’ interests will Senator would agree with that. I think mercial oil and gas operation is most appro- be preserved. First, the provision es- that is a very reasonable proposal, and priately and efficiently owned and operated tablishes a minimum price based on an I would support it. I urge our col- by the private sector. average of five independent experts’ as- leagues to support it. In general, with the exception of Senate sessments of the value of the field; and, Mr. THURMOND. Limit it to 6 hours. provisions related in the treatment of the second, the provision provides the Sec- Mr. NUNN. That would be very rea- State of California ‘‘school lands’’ claim, the retary of Energy the authority to sus- sonable to my point of view. We have Administration prefers the NPOSRs privat- ization provisions included in the Senate pend the sale if she and the Director of the Senator from Vermont with strenu- bill. In addition to congressional sale notifi- the Office of Management and Budget ous objection to provisions here. He cations and procedural safeguards included determine that the sale is proceeding has to be heard. I am not in a position in both the House and Senate bills, the Sen- in a manner that is inconsistent with to agree to that on behalf of the Demo- ate bill provides enhanced safeguards against the achievement of the sale price that cratic side now, but from a personal ‘‘fire sales’’ of the reserves, by authorizing reflects the full value of the reserve or point of view, I will say I would cer- the Secretary of Energy to notify Congress if a course of action other than imme- tainly work with the Senator in trying any proposed sale is not in the best interest diate sale of reserve is in the best in- to get that kind of an agreement. I of the United States, by requiring congres- sional approval of any sale for which there is terest of the United States. think it is a very reasonable proposal, only one offer, and by authorizing the Sec- And, Mr. President, I really feel and I would support it. retary of Energy to notify Congress of any those safeguards adequately protect Mr. THURMOND. If we can limit de- slippage of the sale schedule. the taxpayers’ interests. bate to 6 hours equally divided, I think Regarding the treatment of the State of Mr. NUNN. If I could just respond. I that will give ample time to debate it California ‘‘school lands’’ claim, while the say to my friend from Virginia, let me tomorrow and Monday, and then have a Administration recognizes that California tell him a little bit more about why final vote on Tuesday. has not been successful in its legal claim, the this is a problem. The Congressional Mr. NUNN. Actually we could per- Administration believes that it is appro- priate to provide a portion of the proceeds Budget Office issued a report—I am not haps have a longer period of debate. If from the sale of Naval Petroleum Reserve trying to quote their exact words here, we are going to have tomorrow and Numbered 1 (Elk Hills) to the State of Cali- but this is a memo based on that report Monday, we might want to make it 8 fornia for payment into the California that the estimated net proceeds from hours. That would give people a lot of Teachers’ Retirement Fund. This position, as that sale anticipated were $1.5 billion time. But with all day Monday for de- was the position reflected in the Administra- and the estimated revenue foregone by bate, I am sure that we could accom- tion’s bill, is based on equitable consider- the Government over 7 years was $2.5 modate whatever Senators want to ations. I reiterate the Administration’s support billion. Overall, this means that this talk. for inclusion of privatization of the Naval sale that was supposed to reduce the Mr. THURMOND. Would 8 hours suit Petroleum and Oil Shale Reserves in the deficit was scored by CBO as increasing the Senator all right? Conference report. the deficit over 7 years by $1 billion. Mr. NUNN. I think that is completely Sincerely, That is the kind of thing you get into adequate. We may not need to limit the CHARLES B. CURTIS. in an asset sale. And that is why those time, though, if we just have a time Mr. NUNN. Mr. President, I say to of us involved in this need to be very certain Tuesday for the vote. That my friend from Virginia, as he recalls conscious of protecting the taxpayers. would be just up to—— in the committee, there were a number Sure, you can say it drives down the Mr. THURMOND. What time would of us who voiced objections, and the ad- deficit by $1.5 billion over the next 2 the distinguished Senator suggest? S 18710 CONGRESSIONAL RECORD — SENATE December 15, 1995 Mr. NUNN. I would have to check ward with our submarine programs economy of my State, Virginia, and, with the Democratic leader, but I and, in particular, new construction indeed, a range of contractors in many, would be glad to do that and get back programs. many other States which worked in to the Senator from South Carolina. I mentioned quietness. Submarines partnership with Newport News to Mr. THURMOND. I just wonder if we operate in various waters of the world build new construction submarines. could not get some agreement as to which have various temperatures, have This Senator, along with other Mem- when the final vote will come. various ambient noises. And the noise bers of the Virginia congressional dele- Mr. NUNN. I will be glad to work to- level that emanates from a submarine gation, and indeed other Senators, em- ward that end. It is a good suggestion. is the Achilles heel because in waters barked on a long mission to reverse Mr. THURMOND. If the distinguished of certain temperatures, ambient that decision. I am pleased that, with Senator will get back in touch with us. noises are different than in others. this conference report, that decision Mr. NUNN. Yes. And, of course, it varies with depth and has now been reversed. The President The PRESIDING OFFICER. Is there water temperature and currents and all has agreed that it is in the best inter- further debate on the conference re- sorts of conditions. est of the Nation to have competition port? But we have got to make progress in once again between the two leading Mr. WARNER addressed the Chair. making our submarines quiet. And the yards in America on new nuclear at- The PRESIDING OFFICER. The Sen- new generations of submarines now on tack submarine construction. ator from Virginia. the drawing boards are key to our Na- It enables the designers and engi- Mr. WARNER. Mr. President, during tion’s having an adequate deterrence neers that are affiliated with both the course of this debate on the con- subsurface, not only against Russia, yards in research and development, as ference report, I will address a number but there are other nations of the well as construction, to produce noth- of sections. I will see that a reply is world—and I will amplify in my state- ing but the best nuclear attack sub- made to the distinguished ranking ment other nations which are building marines for the United States of Amer- member, the Senator from Georgia, diesel submarines. ica. It helps the American taxpayer in with respect to the concerns that he A diesel submarine can operate very terms of competition. Competition has expressed here today regarding the quietly. It may not have, as we say, the drives down cost, and the cost of the section of the bill that relates to mis- sea legs to operate for long periods of program envisioned for this follow-on siles; that is, both the long range and time because of fuel requirements and attack submarine is in the billions of short range. I am prepared to do it, but battery requirements and other limita- dollars, spread over many years, ex- after the expressions of Senators LOTT tions, but it can operate very quietly. tending well beyond the year 2000. and COHEN and Senator SMITH who A diesel submarine poses a threat to I am pleased that the President has worked on that in some detail. both nuclear submarines and surface reversed his decision, backed up by the Likewise, the questions relating to ships as well as through its ability to Secretary of Defense and now imple- the B–2 program, we will see that the lay mines. Take the Strait of Hormuz, mented by the Congress in this report Senator from Georgia has an oppor- a quiet diesel submarine could slip into in very specific language, which I will tunity to give the expressions on this those straits, place mines and, once address momentarily. side. I likewise am prepared to do that, again, the world would be faced with a I want to thank many who have but I want to make sure those Senators cutoff of one of the largest sources of worked in seeing that this decision was who—for example, the subcommittee petroleum which, in turn, is converted reversed. The Virginia congressional chairman—who dealt with that be into energy. delegation, in particular, my colleague, Therefore, submarine construction, given the first opportunity. However, Congressman BATEMAN. I wish to thank research and development is absolutely Mr. President, I would like to address my junior colleague from Virginia, essential to the security interests of the section of the bill relating to sub- Senator ROBB, who also worked on this our Nation. effort. It was a concerted effort, and we marine construction and, in particular, Some years ago, the decision was are very pleased with what has been new construction. made to embark on a new class of sub- The United States today—let there worked out in this conference report. It marines. The Seawolf was the interim is in the interest, the security inter- be no mistake about this, Mr. Presi- class. The Congress this year will be ests, of our country. It is in the fiscal dent—is in competition with Russia as completing, by and large, the author- interests of our country that this very it regards underseas strategic systems. ization and funding requirements for substantial investment by the Amer- The reports that the Russian Navy are the third and final submarine in the ican taxpayers be the product of com- tied up at the docks, rusting away, Seawolf class. petition. both in the Black Sea and in the North It is now time to move on to another Let me provide the Senate with a Sea and other areas relate to the sur- class. The plans have been made, and summary of this very important pro- face fleet. the initial work has begun. I do not gram. Indeed, the Russians have decided wish to be political, but it is a state- Submarine legislation in the current not to put the short assets that they ment of fact that the President of the fiscal year 1996 defense authorization have, supposedly, into surface naval United States—about 2 years ago—indi- bill includes in law the essential ele- operations of any considerable extent. cated that he desired that all new sub- ments of the Senate-passed bill with But, Mr. President, they are pursuing, marine construction of this new class Seawolf funded at the appropriated relentlessly, a program of research, de- of submarine be performed at the Grot- level of $700 million; one submarine in velopment, and construction of sub- on Shipyard operated by a very fine fiscal year 1998, which will go to the surface systems, primarily submarines. company, General Dynamics. Electric Boat Co. in Groton, CT; one It was reported in the media here of re- That message was received in Vir- submarine in fiscal year 1999 to New- cent days that several of these sub- ginia and across the Nation with great port News Shipbuilding and Dry Dock, marines matched in many respects the concern. Newport News Shipbuilding and if the decision is made to begin to quietness of the U.S. fleet. I cannot go and Dry Dock in Virginia has been produce a new class attack submarine into further detail, but a number of building submarines for the U.S. Navy with the third boat, then the third and Senators have sought and received the for many, many years. To have a deci- all future boats of this class will be briefings from the Intelligence Com- sion suddenly announced which would competed based solely on price. mittee on these important points. terminate construction of new sub- I want to underline that, competed But it is a well-known fact, publicly, marines at Newport News, in my judg- based on price. That formulation al- that for some reason which is not en- ment, was not predicated on sound na- lows these two real national assets, tirely clear, Russia is putting a dis- tional security interests, nor sound fi- these two new construction yards, to proportionate amount of their funds nancial interests. This decision was be on an equal footing. for their overall national defense in contrary to the best interests of this If the decision is made to build addi- subsurface strategic systems. And this country. tional R&D submarines—and the first places on the United States a very Needless to say, this decision was po- two are characterized as R&D sub- strong affirmative burden to go for- tentially devastating in terms of the marines—then price competition will December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18711 begin with the fifth boat. That is a de- made to construct additional sub- The sale will provide an estimated cision that will have to be made subse- marines, in which case all submarines $1.5 to $2.5 billion to the Federal Treas- quently by the Secretary of Defense after the fourth boat will be competed ury. This does not include the several and joined in by the Congress. based on price whether they are R&D hundred million dollars that the Gov- The key differences are that a new submarines or submarines of a new ernment will receive in increased tax class of submarine previously des- class. revenues. What’s more, the Govern- ignated as a new attack submarine will Mr. President, I yield the floor and ment will save about $1 billion in oper- not begin until the third boat, the fifth suggest the absence of a quorum. ating costs over the next 7 years. boat, or later, if the Secretary of the The PRESIDING OFFICER. The Mr. President, the sale of these re- Navy decides that additional R&D sub- clerk will call the roll. serves was initiated by this adminis- marines should be built before begin- The bill clerk proceeded to call the tration, and, in fact, the administra- ning serial production of a new class. roll. tion has come out in support of this The bill also requires the Secretary Mr. THURMOND. Mr. President, I provision. We have worked in a very bi- of Defense to submit a plan leading to ask unanimous consent that the order partisan manner to draft this provision production of a more capable, less ex- for the quorum call be rescinded. so as to incorporate the maximum safe- The PRESIDING OFFICER. Without pensive submarine than the submarine guards possible. I hope that we can objection, it is so ordered. previously designated as the new at- continue this bipartisanship and vote Mr. THURMOND. Mr. President, ear- to approve the conference agreement tack submarine. lier in the debate, a question came up Legislation on attack submarines in- which includes this provision. about the Naval petroleum reserves, I yield the floor. I suggest the ab- cludes the following provisions: and I would like to make a statement (1) Authorizes $700 million for the sence of a quorum. on that. construction of the third Seawolf at- The PRESIDING OFFICER (Mr. The conference agreement on the sale SANTORUM). The clerk will call the roll. tack submarine. This, essentially, in- of the naval petroleum reserves con- crementally funds the ship with $700 The assistant legislative clerk pro- tains a number of safeguards to ensure ceeded to call the roll. million of the $1.5 million that is yet to that the Federal Government receives be required. Mr. PRYOR. Mr. President, I ask full value. Among these safeguards are unanimous consent that the order for (2) Authorizes $704.5 million for long- the following two clauses which clearly lead and advance construction and pro- the quorum call be rescinded. spell out the conferees intent that the The PRESIDING OFFICER. Without curement for the fiscal year 1998 sub- reserves can be sold only if this will re- objection, it is so ordered. marine to be built at Electric Boat. sult in the highest return to the Amer- Mr. SPECTER addressed the Chair. (3) Authorizes $100 million for long- ican taxpayer. The PRESIDING OFFICER. The Sen- lead and advance construction and pro- The first is the mandated minimum ator from Pennsylvania. curement for fiscal year 1999 submarine acceptable price. This price will be es- f to be built at Newport News. Also au- tablished by five independent experts thorizes $10 million for participation who shall consider: all equipment and UNANIMOUS-CONSENT REQUEST by Newport News in design of the sub- facilities to be included in the sale; the Mr. SPECTER. Mr. President, what I marine previously designated as the estimated quantity of petroleum and had sought recognition for relates to new attack submarine. natural gas in the reserve; and the net the appropriations bill on Labor, Those sums and those provisions present value of the anticipated reve- Health, Human Services, and Edu- were carefully worked out with the nue stream that the Treasury would re- cation. The purpose of my seeking the Secretary of Defense, together with the ceive from the reserve if the reserve floor is to see if we might move that Secretary of the Navy and the Chief of were not sold. The Secretary may not bill along. Naval Operations. May I commend par- set the minimum acceptable price In light of the fact we are not going ticularly Admiral Boorda for the help below the higher of the average of the to have a continuing resolution, at and assistance that he gave this Sen- five assessments; and the average of least as it appears at the moment, I ator and other Members of the Senate three assessments after excluding the thought it important to put on the in working out this formula. high and low assessments. record that there are a very substan- I also wish to thank the Secretary of This requirement ensures that the tial number of jobs which are involved Defense, Secretary Perry. I remember minimum acceptable price has to be at here, and layoffs, if we do not have a so well when the pivotal decision was least as high as what the Government continuing resolution; that the Social made by him when he came to my of- would receive for these reserves if any Security Administration has some fice in June and said that the President other course of action is taken includ- 60,000 jobs, the Department of Health agreed that we would go back to the ing the establishment of a Government and Human Services has some 100,000 time-tested method of building new corporation, the leasing of the re- jobs, the Department of Labor has submarines and let two yards compete. serves, or the continuation of the cur- 18,000 jobs, the Department of Edu- That was the turning point and, there- rent operation of the field. cation has 5,000 jobs. We have been try- after, the Secretary of the Navy and The second key clause is the author- ing to work out a unanimous consent the Chief of Naval Operations, working ity to suspend the sale. This clause agreement to bring this bill to the with members of the Armed Services gives the Secretary the authority to floor. Committee, devised this plan. I also suspend the sale of Naval Petroleum I understand that the Members of the would like to say how much I appre- Reserve No. 1 if the Secretary and the other side of the aisle have been un- ciate the cooperation of the Senator Director of OMB jointly determine that willing to give consent because of the from Connecticut, whose interest, of the sale is proceeding in a manner in- provisions on the bill about striker re- course, rests with the Electric Boat, consistent with achievement of a sale placement. There have been a number his constituent. Senator LIEBERMAN price that reflects the full value of the of other items. But, for the record I has worked out with me as we worked reserve; or a course of action other wanted to see if we might possibly out the provisions in the Senate bill. than the immediate sale of the reserve move the bill ahead. Those provisions are essentially the is in the best interests of the United I full well understand the likelihood blueprint that remained intact as this States. of objection. But, on behalf of Senator went on to the House and was worked Mr. President, these two clauses es- DOLE, I do ask unanimous consent that on in conference. sentially mean that Naval Petroleum the Senate turn to consideration of Last, this bill restricts spending to Reserve No. 1 cannot be sold unless the Calendar No. 189, H.R. 2127, the Labor- no more than $200 million on these pro- Government gets a price for the field HHS-Education appropriations bill. grams until the Secretary of the Navy that exceeds the value that would be Mr. PRYOR. Mr. President, at this certifies that procurement of nuclear achieved by any other option, and that moment I would have to object to that attack submarines to be constructed the entire sale proceed in a manner unanimous-consent request. I did not after the first two boats will be com- that is in the best interests of the know the Senator was seeking recogni- peted on price, unless the decision is United States. tion for that reason. S 18712 CONGRESSIONAL RECORD — SENATE December 15, 1995 The PRESIDING OFFICER. Objec- Mr. President, I was shocked to learn cate that I still do not know for certain tion is heard. that this conference report revokes the what the program will be today, tomor- Mr. SPECTER. I fully appreciate the charter for independent testing of our row, and Sunday. I had hoped we would objection. And I thank my colleague. I weapons. I could not believe it. have some serious budget negotiations. yield the floor. Because of this provision, I cannot I have just listened to the President The PRESIDING OFFICER. The Sen- and I will not vote for this conference of the United States. I must say I do ator from Arkansas is recognized. report. I urge my colleagues to defeat not know who gives him advice, but I f this legislation. do not think he is telling the American Mr. President, I want to make it very NATIONAL DEFENSE AUTHORIZA- people the truth. If he thinks he is en- clear that I do not fault my very good gaged in serious budget discussions, TION ACT FOR FISCAL YEAR friend from South Carolina, the distin- 1996—CONFERENCE REPORT then he ought to take a look at the guished chairman of the Senate Armed budget. The Senate continued with the con- Services Committee, Senator THUR- I must say that this administration sideration of the conference report. MOND, for this language that under- is for a one-way street. It is all right to Mr. PRYOR. Mr. President, I see my mines independent testing. From all cooperate with them, but they are not colleague from Florida is seeking rec- reports that I have, he tried to keep going to cooperate with anyone else. ognition. The Senator from Arkansas the office of independent testing alive. And I have made an effort to do that as has just about a 3-minute statement, if I have always known that this flawed recently as 48 hours ago on this floor. he will permit me to go forward. I will initiative originated not in the Senate I am a little frustrated that we have just take a few moments of the Sen- but in the House of Representatives. In been 26 days now waiting for the ad- ate’s time this evening. fact, the Senator from South Carolina, ministration to give us a legitimate I rise tonight to voice my very, very the distinguished chairman of the offer to balance the budget in 7 years, strong opposition to the Department of Armed Services Committee, supported using Congressional Budget Office esti- Defense authorization conference re- the sense-of-the-Senate resolution ap- mates. It was my understanding, in port that is now before the U.S. Sen- proved by this Chamber as recently as talking with the President yesterday, ate. August that voiced the Senate’s strong that there would be a serious offer This conference report takes the un- opposition to revoking the charter for thinkable step of actually repealing a independent weapons testing. given to Republicans today. Anyone bipartisan piece of legislation which Unfortunately, Mr. President, the with any knowledge of the budget proc- was written in 1983, by Senators ROTH, Senate’s position did not prevail in the ess could look at the offer made and KASSEBAUM, GRASSLEY, myself and conference committee. The wishes of tell you very quickly that it was not a many others in this body. We set up a the U.S. Senate to uphold and to sup- serious offer. But here the President of process for an office to test new weap- port and to continue this office of inde- the United States is getting on tele- ons, in an independent, unbiased, un- pendent testing were not granted. vision saying that Republicans are rec- tainted, and a very, very, realistic en- I want to thank the chairman at this ommending devastating cuts in Medi- vironment. time for doing what he could in con- care, Medicaid, the environment and If enacted, this conference report ference to stop, or at least to delay, the student loans after we put money back that we are now discussing would be a elimination of the office of independent into those programs in our legitimate gigantic step backwards in the war testing. I only wish that he had been offer earlier today. against $600 hammers, thousand-dollar more successful in keeping the con- So I am almost convinced that there toilet seats, guns that do not shoot, ference committee from endorsing an is no real desire on the part of this ad- bombs that do not explode, and planes absolutely terrible idea. ministration to do anything except to that do not fly. As we begin sending American troops play politics with the budget—and play I truly believe, Mr. President, that if into Bosnia, it is wrong, it is dan- politics with senior citizens and play this conference report is enacted in its gerously shortsighted, for this Con- politics with every other interest group present form, the lives of our men and gress to propose eliminating that very in America. We have made an effort women who serve this country in the office that has been so helpful, so suc- time after time to meet the President Armed Forces will be put needlessly at cessful in making sure that our weap- halfway. risk. ons work properly in combat. I believe the American people want a I hope my colleagues in the Senate Mr. President, I will be voting balanced budget in 7 years. They have are aware that this conference report against this conference report. indicated that. The President agreed to contains a provision that would vir- I urge my colleagues to do the same. it, but we cannot do it with the same tually eliminate the Pentagon’s Office Mr. President, I yield the floor. old smoke and mirrors. Mr. THURMOND. Mr. President, I of the Director of Operational Testing In fact, $54 billion of the savings would like to point out an inadvertent and Evaluation by absolutely revoking today was ‘‘baseline adjustments,’’ omission in the conference agreement which is one example, and there are its charter. Mr. President, no one has statement of managers with respect to other examples in the President’s bill. yet explained any reason whatsoever to Air Force Program Element 602601F, Tax cuts—he has tax cuts in his bill, take away the office and the depart- Advanced Weapons. The conference ment in that area of our Department of agreement increased the authorization too, I think—in what, the 5th year. If Defense that tests weapons before we of the requested amount of $124.4 mil- everything was not in balance, you go into mass production. It simply does lion by $11.0 million. Of that increase, would trigger over those tax cuts. That not make sense. $5.0 million was intended by the con- is another way of how they save $23 bil- Over the past 12 years, this testing ferees to authorize the continuation of lion. That is something that even office has been an unparalleled success. the High Frequency Active Auroral Re- Darman had not thought of when he It has saved time, money, and, most search Program. As pointed out in the was here. So they thought of a lot of importantly, it has saved the lives of statement of managers accompanying good things down there. our fighting forces by making weapons the conference report, the conferees in- But I would hope the President of the better and by keeping flawed systems tend the remaining $6 million of the in- United States would contact this Sen- out of the hands of our soldiers. crease to authorize the rocket propul- ator and the Speaker of the House of Support for the testing office has al- sion technology program described in Representatives—the three of us sit ways been bipartisan, Mr. President. the House Report 104–131. down and get serious. This is serious Former Defense Secretary Dick Cheney Mr. DOLE addressed the Chair. business. If we do not have some agree- said that an independent weapons test- The PRESIDING OFFICER. The ma- ment, if we do not pass the continuing ing office ‘‘saved more lives’’ during jority leader. resolution by Sunday evening, the Gov- Operation Desert Storm than perhaps f ernment will shut down again. any other single initiative. The current One way to avoid that is to let us Secretary of Defense, William Perry, BUDGET NEGOTIATIONS bring up the Labor-HHS bill, which the recently described this office as ‘‘the Mr. DOLE. Mr. President, if I could Democrats twice have objected to. We conscience of the acquisition process.’’ just take a minute here, let me indi- are going to ask consent—I guess we December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18713 have already asked consent. That has DEPARTMENTS OF LABOR, they know that we are way overdue in been objected to. There are about HEALTH AND HUMAN SERVICES, completing these appropriations bills. 180,000 Federal workers. But, again, the AND EDUCATION, AND RELATED We should have done them a long time Democrats will not agree to bring it up AGENCIES APPROPRIATIONS ago. unless we agree to everything they ACT, 1996 And I will tell you one of the reasons we are overdue. Because they are put- want—take out striker replacement, do ting stuff that does not belong in ap- not vote on the abortion amendments. MOTION TO PROCEED propriations business on that bill. In other words, what we will do as the What does striker replacement have to minority, and then we will accept or do with health and human services? let you bring it up on the floor. CLOTURE MOTION Absolutely nothing. We know that. So we would like to bring it up to- Mr. DOLE. In an effort to make some They know that. And on so many of these pieces of night and be on it all day tomorrow headway on the Labor, HHS bill—we legislation there is absolutely irrele- and all day Sunday. By Monday morn- have already had two votes which we vant, completely unassociated matters ing, maybe we could have it passed and have lost on a party-line vote—I move legislatively that have nothing to do to proceed to H.R. 2127, and I send a go to conference and bring it back. with appropriations, and that is the cloture motion to the desk. That would be 180,000 Americans who hangup, and they know it. If you want The PRESIDING OFFICER. The clo- could go to work. to pass that appropriations bill, we can ture motion having been presented We are going to send down to the do it by 6 o’clock, and it is now 5 to 6. under rule XXII, the Chair directs the We could do it by 6 o’clock if we would President now State, Justice, Com- clerk to read the motion. merce. VA-HUD will be sent down to sit down in a serious way and take the The assistant legislative clerk read extraneous things out and begin deal- the President; Interior appropriations as follows: ing with it. tomorrow. All he has to do is sign CLOTURE MOTION That bill is going to be vetoed. We do those bills, and that will take care of We, the undersigned Senators, in accord- not have to talk about it a long time. nearly all of the Federal employees. ance with the provisions of Rule XXII of the But we are not willing to do that be- That will leave remaining the District Standing Rules of the Senate, do hereby cause of those extraneous issues and of Columbia bill and Foreign Ops. If we move to bring to a close debate on the mo- everybody knows it. tion to proceed to the consideration of H.R. So let us be clear. We do not have to can get an agreement to bring up 2127, the Labor, HHS appropriations bill. Labor-HHS, let us pass that tomorrow Senators Robert Dole, shut the Government down because or Sunday in the Senate. Arlen Specter, James there is a pick with the President Inhofe, Rick Santorum, about whether he has been working in So if the President is not willing to Thad Cochran, Trent good faith or not. There is no reason to negotiate the balanced budget except Lott, Strom Thurmond, tell people one more time that they are on his terms, and he is not willing to Don Nickles, Craig out of work for whatever length of sign the appropriations bills we send Thomas, Mitch time. That is not necessary. We want a O’Connell, Slade Gorton, him except on his terms and is not clean continuing resolution. We ought Dirk Kempthorne, to have it tonight. We ought to pass it, willing to let us bring up one of the Robert F. Bennett, Hank largest bills with the most Federal em- Brown, Connie Mack, and we ought to get serious about ne- and Mark Hatfield. gotiations. ployees—Labor-HHS, we have been pre- Now, we know as well that one of the pared for the past 2 or 3 months, but it Mr. DASCHLE addressed the Chair. biggest differences between Repub- has been objected to by the Democrats. The PRESIDING OFFICER. The mi- licans and Democrats all through this nority leader. So I hope the American people under- reconciliation process has been the tax Mr. DASCHLE. I would only seek the cut. And for whatever reason, the Re- stand, if people who are covered by floor if the majority leader is com- that bill are not working on Monday, publicans continue to say that is a pleted. nonnegotiable item; that we want to why they are not working on Monday. Mr. DOLE. I yield the floor. hold on to that tax cut virtually at all So, again, I would say to the Presi- BUDGET NEGOTIATIONS AND THE cost. dent of the United States, tell the CONTINUING RESOLUTION But that is not where we started. American people the truth. Do not Where we started was the Republican Mr. DASCHLE. Mr. President, I did come on television, Mr. President, and insistence that we go to a 7-year bal- not have the opportunity to hear all of anced budget. The majority leader said say that we are devastating this and the comments of the majority leader. devastating that, because, in fact, you it has to be on the President’s terms. Obviously, there are legitimate points Well, the President said he had a 10- know that in our budget we added back of view that are very different as we year balanced budget. And many of us billions of dollars in Medicare and Med- consider the circumstances we are in supported the idea of balancing the icaid and made other real adjustments. right now. budget in 10, 7, it does not matter, but Maybe it is impossible. Maybe we are The majority leader said we ought to the President had 10 years. The Presi- not going to get anything done. have the truth about what is happening dent said, ‘‘As an indication of my good right now. His version of the truth and faith, I will go from 10 to 7.’’ If that is what the President wants, mine could not be more different. My That is what he said. Now, the Presi- he ought to just tell us that so we can version of the truth is—and I think it dent also said we have a very big dif- make alternative plans, pass a very is shared by virtually every Member on ference in our projection on what the stringent continuing resolution and as- this side of the aisle—it was the Repub- economy is going to do when we bal- sume that is all we are going to get licans this afternoon who got up and ance the budget than what CBO does. done. But in the meantime, we are still walked out of the room. They were the There is a profound difference. CBO is working on our side. We are still trying ones to say, ‘‘It’s over. We don’t want saying that once we go through all the to resolve the differences on the DC ap- to deal with you any more. You’re not pain, there is really no gain. Once we acting in good faith.’’ cut all these programs as deeply as the propriations bill and on the foreign op- My version of the truth is that there Republican budget proposes and we bal- erations bill. And I hope that they is absolutely no reason why we should ance the budget, interest rates are ac- would be ready for passage, if not connect the continuing resolution with tually going to go up, unemployment is today or tomorrow, on Monday. our effort in the reconciliation bill, going to go up, corporate profits are none at all. There is absolutely no con- going to go down, overall economic nection. And the reason why we are growth is going to do down, but we still going through this charade right now think it is a great idea to get out there with the appropriations bills is because and balance the budget. S 18714 CONGRESSIONAL RECORD — SENATE December 15, 1995 Mr. President, we do not buy that. year so there can be an election issue about 160,000, 170,000 people would be You cannot tell me after NAFTA and on a balanced budget. Maybe that is a able to go to work Monday morning after GATT and after balancing the legitimate concern. had we passed that bill. But the Demo- budget and after doing all the things We sent a balanced budget to the crats—every Democrat opposed us on that we said we were going to do we President. He vetoed it. We spent 10 cloture so we could not get the bill up. cannot look forward to a better eco- months, 10 long, hard months putting So I filed cloture again. It will not get nomic picture than that. that together. For the first time in my the vote until Monday. So it will be at Now, why is it that the Republicans memory, we sent a balanced budget to least 1 day off or 2 days off. continue to insist on holding to that put us on a path for a balanced budget But I want the workers to know, the scenario before we even sit down and by the year 2002 to the President of the Federal workers to know, Republicans talk about our disagreements on pol- United States, and he vetoed it. So he did not prevent this bill from coming icy? I do not know. OMB said it is not has already vetoed a balanced budget. up. This is the big one. This is the big that bleak; we ought to be able to look And now he says that even though he one, as far as Federal employees are at the next 7 years with a little more has vetoed one and wants one—we do concerned. optimism than that. not want one, or do we want one? And And maybe we can work out some So that is a fundamental disagree- I would hope that—there is still plenty consent agreement and pass it tonight ment that we ought to be able to work of time. It is only 6 p.m. Friday. I by consent, go to conference, get it through. We should not just take our would hope that the President of the back here tomorrow or Sunday, in time papers and walk out of the room say- United States would contact those of so that the people—if you cannot get a ing, ‘‘It’s over; forget it.’’ That is not us who have the responsibility, the CR—then they can go back to work. how we do things around here. That is leadership, and say, ‘‘Let us sit down So, Mr. President, let me also state, a legitimate difference of opinion that and try to work this out.’’ If we cannot as I said to my colleagues earlier, a list ought to be discussed. work it out, let us stop kidding the of the possible remaining items for And when it comes to the policy American people. Senate consideration prior to Christ- questions themselves, we are not pre- You cannot have it both ways, Mr. mas. It includes nominations and Exec- pared to go beyond where we said we President. You cannot go out and at- utive Calendar items, subpoena for were on Medicare and on Medicaid and tack us for trying to save Medicare, Whitewater, if that is going to be de- on education and on taxing working which you call a cut, and go back and bated or necessary, whatever, the budg- people. We are not prepared to do that take a look at Mrs. Clinton testifying et negotiation, whatever, continuing as long as the Republican position is on health care: ‘‘You are going to need resolution, remaining appropriations tax cuts are sacrosanct, we cannot to lower the rate of growth of health bills, DOD authorization conference re- touch them. care down to 6 or 7 percent,’’ she testi- port, other available conference re- So that is where we are. We thought fied, went before a committee. That is ports, rangeland reform. that after the second proposal any ob- precisely what we are doing. That is This is all assuming that we take up jective person would say we are work- what we are doing. and pass the defense authorization bill ing in good faith. We finally had an accurate reflection on Tuesday, that we can do all these That has not happened. I am dis- of what we are doing on ‘‘Nightline’’ next week and the following week. I appointed. The Republicans have taken last week. Everybody ought to watch have the feeling that there may be a their papers and walked out of the it. They took all the rhetoric and all few absentees around here between room and now have threatened to shut the politics and wrung it out. And now Christmas and New Years. But it does down the Government because they did they told the American people, sepa- seem very likely we will be in session, not get their way. rate the politics, we are trying to save, unless we can reach a framework of an It does not have to be this way. We preserve Medicare. agreement by the 22d of December, can go back in that room. We can dis- And I will say to my friends on the which appears to me to be fairly re- cuss and negotiate and get the job other side, part B Medicare is vol- mote after what I thought was an indi- done. There is still time. We are will- untary. It does not come out of the cation from the President, 2 days run- ing to do it tonight, tomorrow, Sun- trust fund. It comes out of general rev- ning, that he was serious about it, he day, Monday. It does not matter how enues. So the people working in the was prepared to come back here Friday long. We are there. We will be there. Senate, anywhere in the Senate, in the and was prepared to get involved him- Call the meeting. Let us get this job kitchen, anywhere, take their tax self. done. money and pay premiums for million- I am certainly prepared to get in- I yield the floor. aires, multimillionaires. And the Presi- volved myself. I know the Speaker is Mr. DOLE addressed the Chair. dent says you cannot charge those mil- prepared to get involved. I know the The PRESIDING OFFICER. The ma- lionaires—the Government is paying Democratic leader indicated his readi- jority leader. 68.5 percent—you cannot charge them ness. And I assume the same is true for Mr. DOLE. Mr. President, let me in- 31.5 percent. It has got to drop down to Congressman GEPHARDT. We ought to dicate that I have talked to both Sen- 25 percent. be doing it now—now. ator DOMENICI and Congressman Ka- That is the President of the United We ought to be doing this away from sich. There was never any mention of States who ought to say we are after the press. I like the press. They are the word ‘‘walkout.’’ They suggested if all these people. He is protecting the great people. But we are not going to we got serious, we would all come back people who could pay more. I do not negotiate if every 30 minutes each side together. And that is precisely where it understand it. He wants to keep it at 25 has a press conference, as we did this is. We are prepared to come back. When percent so everybody else in America afternoon, everybody out putting their the President of the United States gets can help pick up the premiums, part B, spin on it. And now look where we are serious, then we are prepared to come which is voluntary, for people who can now. We are nowhere. We are right back and start negotiations. afford to pay a lot more than the peo- where we started. I think most of us made plans to be ple paying the taxes in the first place. So, hopefully, if we ever do sit down, here all weekend just for that purpose. Yet he is out rapping us every day, as we will sit down somewhere where we We thought they were going to start he just concluded, saying we are trying cannot be found, where we can discuss this afternoon. We did start the meet- to devastate Medicare. the issues and not what spin we put on ing at 11:30, another meeting at 3 It is not true, Mr. President. You it after it fails. o’clock. know it is not true. So it seems to me So I am still prepared to meet the And it seems to me that as I watched that—I just look in the calendar. We President. I am still prepared to work events unfold, I think maybe there is a have had this appropriations bill on the with the President. split not on our side. I do not know of calendar since September 15, 3 months The Democratic leader mentioned any. But I think the Democrats are today, and we have tried twice to take GATT. He mentioned NAFTA. They split. Some want to resolve the prob- it up. We failed on a party-line vote. I would not have passed without Repub- lem and some want to go into next think I counted—somebody counted— lican support. The President knows December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18715 that. Oh, it was fine to cooperate on Mr. DORGAN. I wonder if the Sen- me we had an opportunity. This is now those things because that is something ator will get to the question. the 15th of December. This year is he wanted. Well, the American people Mr. DOMENICI. I would appreciate it going to be over before long, and we are want a balanced budget by a big, big if the Chair would advise the Senator I probably going to be right here to be percentage. And we believe that we am entitled to finish my question. able to see it leave. ought to have some real effort made by They have had plenty of time. The question is whether or not we are the President of the United States. The PRESIDING OFFICER. The lead- serious about getting down to business. So one thing I did not add to this er has the floor. We ought to be meeting right now. The would be welfare reform will be up next Mr. DOMENICI. And he is not object- meeting ought to be going on right week, the conference report we will ing at this point. The President had now. We ought to be talking about the send to the President. the airwaves across all of America. He 82 areas where we have a difference—82 Mr. DOMENICI. Will the Senator talked about what we had in mind. I areas, according to White House yield for a question? want the Americans to know and the sources, major areas—plus probably Mr. DOLE. I will be happy to. Senators to know what he had in mind. dozens and dozens of others. Mr. DOMENICI. I was not present on He had in mind that he could come to So it would take all the energy we the floor the last 15 or 20 minutes, but a conference and do nothing, offer could muster between now and the 22d I was in transit, and I seem to have nothing, change nothing, and then of December to even put together a heard something which the Senator blame us. So that is what they did. framework of agreement, which I as- kind of corroborates that I heard, that They said, ‘‘We found 121 billion dol- sume we would have to come back a the distinguished minority leader said lars’ worth of savings.’’ I have just couple days in January to pass under on the floor of the U.S. Senate—he is given you $75 billion of it. ‘‘And we some expedited procedure. here, Senator DASCHLE—that the Re- have not changed anything. We haven’t So I know it is not easy. It is not publicans broke off negotiations on the cut a pea. We haven’t reduced spend- easy making tough decisions. It is easy balanced budget today. Did I hear that ing.’’ doing, as I said, things Darman had not correctly? He said that? Then we go up and—let me tell you a even thought of when he was around. Mr. DOLE. The Senator from South neat one the President recommended Smoke and mirrors, they used to say in Dakota is here. But I think that is the today. If you want to understand the those days. Just save $54 billion there, general feeling I had. And I do not pickle we are in in trying to get a bal- but baseline—— think it is accurate, but that is what anced budget for America, they take 23 Mr. DOMENICI. Fifty-four right the statement was. billion dollars’ worth of savings in the there just changing the economics. I Mr. DOMENICI. Mr. President, if you last year by saying, ‘‘We don’t want say to the leader, did you not tell me would permit me, and the Senator any tax cuts.’’ Got it? You save $23 bil- to go back to the conference with the might respond, because I have been re- lion. But they say that really is not the Democrats and say we will continue to porting to the Senator regularly, the case. ‘‘We do want the tax cuts. We just negotiate, we will be there any hour, truth of the matter is that the Presi- want to say, if we are wrong on the ec- any time, provided you make some dent of the United States and the onomics, we will cancel the tax cut.’’ headway in moving the budget in the Democrats sent nothing to the con- Mr. DASCHLE. Madam President, I direction of making some changes that ference. They put nothing on the table. will not ask for the regular order, bring us closer together and bringing And if they would like me to go but—— us a balanced budget according to the through details, I will go through de- Mr. DOMENICI. I will ask my good Congressional Budget Office? That is tails. friend, Senator DOLE, who I have gone what you told me to do. They found $54 billion worth of sav- through this with regularly: Do you Mr. DOLE. In fact, I can say very ings, I say to my friend from the State really believe, Senator, when the Presi- honestly, we had a discussion after the of Florida, without turning a stitch. dent of the United States signed a bill, first session, and the question was They did not change a single program. and it says we will have a balanced whether or not we ought to call the They said, ‘‘We disagree on econom- budget using the Congressional Budget President of the United States by tele- ics.’’ Office economics, and you and I have phone and say, ‘‘Mr. President, we I am not talking about $54 billion been asking the President to send us a can’t negotiate with what was sent up over 7 years, I am talking about it in proposal, do you think that it is a cred- here under your name, and if you’re the last year. They want to balance a ible proposal to have absolutely no sav- not serious, we don’t see any reason to budget so they say, ‘‘Look, we do not ings, no changes, and say to us, ‘‘If you go back a second time.’’ agree that the CBO is right on this and don’t sit down and negotiate, somehow We said, ‘‘No, let’s go back again.’’ this and this.’’ So they find 54 billion you’re to blame for this?’’ Could you We instructed Congressman KASICH and dollars’ worth of savings. And they give us your view on that? the Senator from New Mexico, ‘‘Go want us to sit there and say, ‘‘Hooray. Mr. DOLE. Well, let me say to the back again. Nobody is blaming us for You have really made some changes.’’ chairman of the Budget Committee, as this not succeeding. Go back again and No change. Not one thing changed. Not I have indicated earlier, I am very dis- see if you get some serious statement one program altered. And then they appointed because I understood the or effort from Chief of Staff, Mr. Pa- say, ‘‘Well, look, we think the CBO is President—we have had a lot of talks netta, or somebody else.’’ And that wrong on some estimates, so why don’t the last few days on a number of is- never happened. We did not walk out. we get the estimates right?’’ sues—he indicated to me he was serious Mr. DOMENICI. No, sir. And $21 billion. They have not about this, because I asked him on the Mr. DOLE. As far as I know, I guess changed a program. They have not had telephone, ‘‘If you’re not serious and everybody left; they had to walk out, to bite a bullet and have not had to do we’re not serious, why are we doing but nobody left saying, ‘‘This is it; it’s a thing. That is $21 billion. I think if this? Why don’t we do something else over.’’ you add them up, that is $75 billion of and go home?’’ Now the President is on all the sta- movement toward a balanced budget in He indicated he was serious. tions saying, ‘‘Oh, well, they broke off the last year without having to do any- I know that was not the final offer. talks, broke off talks, cutting edu- thing. Is that not a marvelous, mar- Neither was ours the final offer. But we cation,’’ cutting this, cutting that, velous way to fix the budget of the actually did things in our offer, real same old propaganda that has been United States? It is as if spending does things in our offer that made a dif- used in the past 60 to 90 days. not really matter. ference: Put money back into Medicare So we are prepared to do whatever is Mr. DORGAN. Madam President, is and Medicaid, more money for discre- necessary, and we are prepared to be the Senator from New Mexico asking a tionary spending, whether it is edu- here tomorrow and Sunday and Mon- question at this point? cation, environment, whatever. We day and all next week trying to pass Mr. DOMENICI. Yes. I am still ask- thought we were in good faith. the Labor-HHS bill, which would put ing the question. I will get to the ques- So I say to the Senator from New some 100,000 people back to work, tion very shortly. Mexico, I am disappointed. It seems to 180,000. S 18716 CONGRESSIONAL RECORD — SENATE December 15, 1995 The Senator from Pennsylvania, Sen- time. Let me respond to a couple of The PRESIDING OFFICER. Objec- ator SPECTER, made a unanimous-con- points that were raised. tion is heard. sent request just 25 minutes ago to The distinguished Senator from New Mr. DASCHLE. I yield the floor. bring it up right now, and it was ob- Mexico made a great speech. It was Mr. DOLE. Madam President, I have jected to. Not on this side. We have just all wrong. All wrong. We will not objected, and I hope the time will come tried since September 15 to bring it up. resolve it on the floor, and we will in the next couple of days where we can It has been objected to. We cannot in- leave it to others to decide who is right do something like this. But we cannot voke cloture. We have every vote on and who is wrong. do it now. Obviously, we have made no this side, but not on that side. We do This President has now provided not headway. not have 60 Members. So I do not know one, not two, but three bona fide offers I have been in a lot of negotiations how—we can bring it up if we agree to to sit down and reach a balanced budg- around here, and I can tell when they everything the Democrats want to do, et. He did it first with his 10-year budg- are serious, I can tell when they are then, ‘‘Oh, we’ll bring it up if you take et last spring. He did it, second, about not. I can tell when they are posturing, out striker replacement, and you can’t 2 weeks ago with yet another effort to and I can tell when they ought to end. have any votes on your amendments or bring us to the table in good faith, cut- I was not in the room, so I cannot one vote.’’ ting over $150 billion in real cuts. And make a judgment on this particular ne- To me, that is not the way it ought today, whether you accept all of the gotiation. But I do know that we made to be. We are prepared to bring it up numbers or not, $121 billion in more significant changes. I went over every right now. They can move to strike changes than what he offered just last one of the changes for hours and hours striker replacement. We can move to week. yesterday. We talked about the strike some other committee amend- Listen to the language. We were changes in my office with the Speaker ments, and then finish the bill. It again told tonight that we will convene and a number of Senators, and they might take a day or two or three, but if we think the Democrats are serious. were real and they were genuine and it will be completed. Madam President, if that does not they were serious changes. We sought So I want the Federal employees to make my point, I do not know what to address some of the concerns raised understand, whatever they may read in does. We, frankly, do not think they by the President and the Democrats in the paper or hear on the television are serious. We do not think they are the House and the Senate. So I just say that I think we made a from the President of the United willing, really, to bring down this tax good-faith effort. It is all about good- States or somebody else putting the cut so we do not have to cut so deeply faith efforts. We do not believe the White House spin on it, this bill, H.R. in Medicare and Medicaid. President did. Maybe they thought, 2127, has been on the calendar since And let me just say, I do not know how you describe what happened at the ‘‘We will shoot them a blank the first September 15. We have attempted to time, and maybe the second or third bring it up time after time after time. meeting, except to say that before Leon Panetta even had the words out time we will put a little something in You would all be working Monday had it.’’ But I think we have already gone we completed action on this bill, but it of his mouth, the Republicans had stood up and were working their way beyond that point. was objected to not once, twice, three It has been 26 days since we passed times and we could not invoke cloture. out of the room. Mr. DOMENICI. Were you there? I the last continuing resolution, and we We had no problem on the Republican ask, were you there, Senator? Were you are supposed to work all this out dur- side. All the problems were on the in the room, Senator? ing that time. Well, nothing has hap- other side. Mr. DASCHLE. What do you do with pened, and we are here again. If there So if somebody is out there dis- a case like that—— is no CR passed by midnight—and I am appointed and in any of the agencies Mr. DOMENICI. Were you there, Sen- certain there will not be one passed— covered by this particular bill, they ator? certain people will be affected over the should understand precisely why it has Mr. LEAHY. Regular order. weekend. If we do not pass one Sunday not passed, why it has not gone to the Mr. DORGAN. Regular order. evening, a lot more people will be af- President. We will take the rap on a Mr. DASCHLE. I will yield the floor fected Monday morning. It will not be couple of the others, as the minority and allow others to speak. as many as last time because a number leader indicated. On foreign ops, yes, it Mr. MACK addressed the Chair. of the bills have been signed. The is held up on an abortion issue. DC is Mr. DASCHLE. Let me say this. We President can reduce the number be- held up on a scholarship issue. We are all know that the most immediate cause State, Justice, Commerce is at trying to resolve that yet tonight. And thing we have to do is the continuing the White House, and he can sign that. the others have gone to the President resolution. It expires tonight at mid- That will take care of a number of em- or will go to the President. night. We know that. ployees if he signs that. HUD–VA is on So my view is, this is a big one, talk- We know that we are not going to re- the way; that will go to the President ing about Federal employees. This is a solve our differences on all these appro- tomorrow. We will try to finish the DC big one. We have been trying to get it priations bills and pass them by mid- appropriations sometime over the up for 90 days. So I hope the President night. The distinguished majority lead- weekend, and we will try to figure out mentions that the next time he speaks er made a point, and he is right: The a way to get Labor-HHS. That would and asks the Democrats to cooperate. majority of people support a balanced leave Foreign Ops, which we think we Of course, he is for striker replacement budget. I think a majority of the peo- may have an agreement on, based on and issued an Executive order which we ple—the vast majority—also want us language from the Senator from Colo- think went beyond his authority. We not to shut the Government down, in rado, Senator BROWN. That would be it. repealed that in the bill. That is why spite of our differences. There would not be any more debate he objects, that is why Democrats ob- UNANIMOUS-CONSENT REQUEST—S. 1410 about a CR, but we would still have— ject to our bringing it up. Mr. DASCHLE. So I ask unanimous Interior is going down tomorrow, too. We are still around. We will be here consent that the Senate now proceed to That is another one. The President has this evening. We are prepared to recon- the consideration of calendar No. 240, all kinds of opportunities here to put vene if our colleagues are serious about S. 1410, a clean continuing appropria- people to work on Monday, without re- it. If not, we will do the best we can to tions bill, that the bill be read the lying on a CR. He does not need one. try to find some resolution between third time and passed, as amended, That is the point I make. now and Monday morning. with a date change until December 22, I might ask, Madam President, since I yield the floor. with the language that will permit the I interrupted the distinguished Senator Mr. DASCHLE addressed the Chair. expenditure of funds for low-income en- from Florida, if he could be recognized The PRESIDING OFFICER (Ms. ergy assistance. at this time. SNOWE). The Senate minority leader. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- Mr. DASCHLE. Madam President, objection? ator from Florida is recognized. there are many people who want to Mr. DOLE. Madam President, I ob- Mr. MACK. Madam President, about speak, and I do not want to take more ject. 26 days ago, when we were in similar December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18717 circumstances, there were negotiations After all, all we are doing is using the involved in all of the meetings that between the White House and the Congressional Budget Office, which, if have been held, both the joint meetings House and the Senate about what to do you will recall, in January of 1993, the with the conferees to try and come up to solve the impasse. An agreement President of the United States re- with a role, and I have been involved in was reached with a continuing resolu- minded all of us that it was important many meetings on the Democratic side. tion, signed into law by the President to use the Congressional Budget Office In 5 minutes I am going back to an- of the United States, with language in- to evaluate budget plans, because he other meeting. cluded which said that he committed did not want to be accused of estimat- We, the Democrats in the House and himself to a balanced budget in the ing his way out of the problem. the Senate, will try once again to come first session of the 104th Congress—a Well, I say again, very plainly, it is up with something that would get the balanced budget scored by CBO. pretty obvious to me and pretty obvi- Government back working again. I As the majority leader indicated a ous, I think, to the American people, bear my share of the responsibility for moment ago, it has been 26 days, and that the only thing this President what I think is the totally ridiculous there has not been one single proposal wants to do is estimate his way out of position we find ourselves in. Grown made by the President of the United the problem. When you look at the pro- men and women, here at 6:30 or so on a States that complies with that com- posal they sent down to us today, out Friday evening, with the Government mitment. I must tell you that those of of that $121 billion, $54 billion is in eco- ready to shut down in another 5 hours, us who thought that 26 days ago, that nomic baseline differences—estimating and we are quibbling. We cannot even there may have been an opportunity to your way out of the problem. And $21 get through a continuing resolution move forward with a balanced budget billion more, a proposed resolution of just offered by the minority leader to proposal, we were hopeful that there scoring differences—estimating your keep the Government going for a few would be an opportunity in these last way out of the problem. And then an- days. They turned that down. 31⁄2 weeks. In fact, we anticipated that other $23 billion, which I will say is a You heard the objection by the ma- this Friday, today, we would see, for tax increase. What it says, in essence, jority leader to the Democratic lead- the first time, a true proposal from the is if you get to the 7th year and you are er’s reasonable offer. How could any President of the United States to bal- not in the balanced budget range, then reasonable person object to keeping the ance the budget. The minority leader you eliminate the tax cuts he has in Government going for another 3 or 4 referred to the number of plans that his budget, which amounts to $23 bil- days? I do not think this is the proud- were sent here by the President of the lion. He has, in this proposal, about $98 est moment in the history of the U.S. United States. billion out of $121 billion, which is esti- Senate. We all have to bear our share I remind my colleagues on the other mating his way out, and the other is of the responsibility for that failure. side of the aisle, you had an oppor- raising taxes. When I have been hearing all of these tunity to vote on one of those plans, That is an absolute phony proposal. I remarks about the President of the and every single one of you, as far as I must say, I admire Senator DOMENICI United States not being sincere, not can recall, turned your backs on the for his willingness to go back into the making a legitimate offer, Madam President because you knew it was a meeting for the second time today President, I will not dignify that kind phony budget. And every proposal he after this phony piece of paper was put of talk with a lengthy statement ex- has sent to us since then has been on the table. cept to say that I do not agree at all phony. It has been an absolute positive Madam President, I agree with the with that kind of rhetoric. phony. minority leader that we do have legiti- I say, Madam President, in conclu- We come here this evening with a mate differences. But you do not have sion, that if those on the other side of sense of utter disappointment because the guts to put those legitimate dif- the aisle are suggesting that we get we are serious in this effort to balance ferences on the table. The reason for real, then I suggest that they get real the budget. We feel like you are play- the last 26 days that you have avoided by coming up front with what we all ing games with us, you are playing coming down here and putting a pro- know has to be the major ‘‘give’’ to games with the American people, and posal on the table is because you will reach a balanced budget in 7 years, and you are playing games with the future not tell the American people what you that is the ridiculous, outlandish tax of this country and our children and are willing to do. You will not make cut that basically affects the wealthi- our grandchildren. And, yes, we are a the tough decisions. You just refuse to est among us in America, $245 billion little bit angry and upset. We feel be- put a legitimate offer on the table. And worth that is the centerpiece, I sug- trayed. then you have the gall to come to us gest, of the Republican balanced budg- Let me be real plain about how I feel and tell us that we ought to put an- et amendment. about this President. The President of other proposal on the table. The main reason that the President the United States has, once again, So, Madam President, this President of the United States properly vetoed proven that his commitment to prin- of the United States vetoed a balanced the reconciliation bill which would ciple is nonexistent. He gave his word; budget proposal. It was a proposal that have allowed that—how anybody on he broke his word. It is a habit he does would have balanced the budget, and it the Republican side of the aisle can in not seem able to break. It is unfortu- was the first time in decades that I good conscience stand up and criticize nate to have to say that, but that is an know of where a President of the Unit- us for not being real when they are in- accurate statement about this Presi- ed States received a plan that would sisting on the centerpiece of their dent. To imply that the offer made balance the budget—and this President whole budget, unfortunately which is today was a serious offer is an insult to vetoed it. the $245 billion tax cut basically us. To come down here with a proposal This is the same President who is op- weighted to the wealthiest people in that virtually does nothing with re- posed to the balanced budget amend- the United States of America. Until spect to making additional reductions ment. This is the same President who they come off of that in a realistic in spending is an insult to the Congress has been opposed to every plan that fashion, we are not going to bend. of the United States and an insult to has been put forward to balance the Fortunately, we have the President the people of this country. budget. When he vetoed it, he took on of the United States on our side with a If you look over this proposal, in the the responsibility of providing a legiti- veto pen. Maybe I should stand cor- year 2002, they put on the table a sug- mate alternative. He has, in fact, re- rected, Madam President. I just said gestion that they were going to elimi- fused to do that. I think it is very, very they have a $245 billion tax cut that ba- nate the deficit in the seventh year to clear to the American people that, in sically goes to protect the wealthiest the tune of $121 billion. And the reason fact, he has broken his word once among us. I stand corrected. It is $242 they came up with that number is be- again. billion, because in all good conscience cause the Congressional Budget Office I yield the floor. the Republican conferees came to that scored the last proposal that the Presi- Mr. EXON. Madam President, I was meeting today and they agreed to cut dent sent down here. It was a proposal listening with great interest to the go- $5 billion—a total of $5 billion out of a that he said would balance the budget. ings on the Senate floor. I have been $245 billion tax break for the wealthiest S 18718 CONGRESSIONAL RECORD — SENATE December 15, 1995 among us, and they claim that we are to tell the truth anymore. He just What I am upset about is I think we not being reasonable. makes a promise and breaks it every are missing an opportunity here to do I simply say, Madam President, while day. Changes it every day. What is the something good for America. We can I am not particularly proud of what is story today? What does the poll read balance the budget of the United going on in the U.S. Senate tonight, today? How can I flip-flop again today? States. We can improve the economy of and for the life of me I cannot under- One time he is out criticizing the Re- this country, create more jobs, lower stand how reasonable people with le- publicans for gutting Medicare, and his interest rates, give some of that money gitimate differences of opinion on how wife and himself just 2 years prior to back to the American families across we reach the balanced budget cannot this were advocating the exact same this country. agree to a continuing resolution to reductions in Medicare. I will show you Oh, I know these people who do not keep the Government running while we the videotape. The Senator from Kan- need the money, according to many. continue the frustrating process of try- sas, the majority leader, is absolutely Oh, you know, these working families ing to come up with a balanced budget. right. All of you who can get a chance making $30,000 a year who do not need Madam President, there is no way to watch ‘‘Nightline’’—this is not ex- the money, who would waste it if they that the Democrats can, should, or will actly a Republican, GOP ‘‘Rising Tide’’ did not give it to us. We can use it bet- give up our insistence of at least a program, this is ‘‘Nightline,’’ ABC ter than they can. measure of protection for the Medicare ‘‘Nightline’’ on December 12—watch it. Oh, this is the tax break for the recipients and the Medicaid recipients. Get a copy of it. Get the transcript. wealthy that we have been hearing The latter, I point out, is not welfare, Find out the truth. Find out the truth. about. Let us talk about this tax break it is health care. Most or all of the bil- Mrs. Clinton, in front of a committee for the wealthy. Over 80 percent of the lions of dollars that we spend in the I happen to serve on, the Ways and tax break for the wealthy goes to peo- Medicaid Program, over half of it goes Means Committee, testified she wanted ple who earn under $100,000 a year. to the senior citizens, the oldest and Medicare to grow between 6 and 7 per- That is the tax break for the wealthy— frailest among us who are lying in cent. Our program under this bill grows targeted. This is wonderful rhetoric, Medicare at over 7 percent each year. beds, many of them never getting out targeted at the wealthy, primarily the And that is a slash? That is destroying? of beds, in our nursing homes. wealthy. The Republicans are making draco- ‘‘That is horrible. You hate seniors.’’ Let me tell you about targeting. Do As his press secretary said, ‘‘Oh, Re- nian cuts in that program. Like it or you know who pays 50 percent, roughly publicans want these seniors to die.’’ not, we will not have it. We will not That is the kind of rhetoric we get out 50 percent of the taxes in this country? put up with it. We are willing to com- of the White House—the White House, The top 5 percent of income earners in promise, but we will not move until the President of the United States, not this country pay 50 percent of the they get realistic on eliminating that some two-bit peddler on the corner try- taxes. So, if you were going to give an gross $242 billion tax cut for the ing to hawk his wares, who can make across-the-board tax cut based on how wealthiest among us and the American any kind of outrageous statement he much you pay, obviously 50 percent of people know and the American people wants to, to try to sell the goods. No, the benefit will go to the top 5 percent, by a vast majority stand with us, even the President of the United States, to because they pay 50 percent of the though we stand in the minority. the American public—bald-faced taxes. Yet, in this case, 80 percent of I remind all in closing, Madam Presi- untruths. Every day. Just like his press the benefits go to people who pay well dent, this Senator has been for a bal- conference a little while ago. Not true. under 50 percent of the taxes. anced budget for a long, long time, Not true. How, is that targeted toward the worked hard for it. I voted for the Re- Is his offer legitimate? Oh, how do wealthy? In reality, how can you make publican constitutional amendment to you walk into a budget negotiation the argument, based on those facts— balance a budget in 7 years. My creden- that you say you are going to live up to nobody argues those facts, where this tials are pretty hard to argue with. I what the continuing resolution, the money is being allocated, who the tax simply say that I, once again, empha- last spending bill, said—and what did cuts benefit. How can you stand up on size that I am not particularly proud of he sign into law? He signed into law a the floor of the Senate and make a fac- what we are doing on either side of the balanced budget, that we would bal- tual statement, as the President has aisle this Friday night on December 15. ance the budget in 7 years using the done—not on the floor of the Senate I simply say that if you are looking for Congressional Budget Office numbers— but in other places—and many Sen- someone to blame, we Democrats are into law. Not another one of his prom- ators, make the statement that we willing to take our share of the blame ises on the campaign trail, which he have tax cuts targeted for the wealthy, when and if the people on the other broke, like cutting taxes for the middle when they know that is a lie? side of the aisle would get off their class, but signed something into law I am using strong terms like ‘‘lie,’’ kick which is the centerpiece of their with a pen—not Lyndon Johnson’s pen, but I do not think anybody under- budget proposal to throw away $242 bil- maybe it wasn’t Lyndon Johnson’s stands these other sort of terms: ob- lion in a tax break on the rich while pen—but into law. tuse, indirect, you know, not-coming- savaging Medicare and Medicaid and So, where does he come, the day of forward. We have gone beyond that. We other social programs that we think the shutdown? He comes into a room are just dealing with some systematic are very important. I yield the floor. with a budget that does not even come disinformation campaigns that I have The PRESIDING OFFICER. The Sen- close to balancing. not seen in my lifetime. ator from Pennsylvania. We have had the President’s budgets I can tell you, we have not done a Mr. SANTORUM. Madam President, I before. In fact, we voted on them on very good job—I will be self-critical of have had an opportunity to listen to the floor of the Senate. The last one myself and other Members on this side this whole discourse between the lead- that was supposedly balanced in 10 of the aisle and others who are support- ers and the chairman and now ranking years—96 to nothing. Not a single Dem- ing a balanced budget—we have not member of the Budget Committee, and ocrat voted for his balanced budget. done a very good job of getting the the excellent statement that came be- Another phony, another untruth that facts out. In fact, if we do get the facts fore. even the people on the Democratic side out, we know we can succeed. Sometimes I wonder what country I of the aisle could not stomach—this I will refer you to last Thursday’s am in, how much revisionist history untruth. We are tired of stomaching Wall Street Journal. There was a poll that we are going to be subjected to on untruths over here. We are downright of Americans. The question was asked, the floor of the U.S. Senate. I have getting angry over here. We are not ‘‘Given the fact that under the Repub- come to expect it out of the White angry because we feel betrayed. I dis- lican budget, Medicare spending in- House. I turn on the White House now agree with the Senator from Florida. I creases by 45 percent over the next 7 and I expect to hear the latest version do not feel betrayed. I expect it. I pre- years, do you think that is, A, too of nonreality. It just comes up every dict it. This guy is not going to tell the much; B, too little; or C, just about day. As the Senator from Florida said, truth. Just believe that. Go into nego- right as far as the increase is con- this President just does not know how tiations believing that. cerned? December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18719 Madam President, 60 percent of the will not have to worry about Labor- Government where you say, well, 100 people said a 45 percent increase in HHS. There will be no Labor-HHS bill. percent of what you own is ours and Medicare spending was too much; 38 We will not have to worry about con- whatever we are willing to give you percent said it was just right; 2 percent tinuing resolutions. We will not have back you can keep. That is not the way thought it was too little. Two percent any money to appropriate. We will it works. Over the next 7 years, taxes of the American public as surveyed have all entitlement spending. We can will increase above the level today by thought that it was too little of an in- go home. We do not have to pass any over $3 trillion. Americans will pay $3 crease. bills around here. Everything will be trillion more in taxes over the next 7 Now, with the recent changes that we on automatic pilot. We will just spend years. What are we suggesting? Well, have just made in our Medicare pro- away. instead of increasing it $3 trillion, it posal, Medicare spending goes up at a To suggest by our efforts to reform will increase a little less than that, higher rate than 45 percent. Maybe Medicare and Medicaid that we, some- about $240 billion less than that. Boy, that would drop to 1 percent of people how, do not care about your grand- what a giveaway. Boy, what a steal who think it is too little. mother or grandfather in a nursing here. We are just throwing money out See, we believe that when we get the home or do not care about people who of Washington, are we not? You are facts out—not rhetoric, not, ‘‘Oh, you are indigent getting care is the lowest going to give us $3 trillion more and we are going to hurt this person or that form of demagoguery. will give you a couple hundred billion person,’’ or showing the pictures, those Do you not care about people today and we will target it specifically. graphic photos about how people are and tomorrow? Do you not care about Mrs. BOXER. Will the Senator yield? going to sleep on grates, or your grand- the future? Do you not really care that Mr. SANTORUM. That is, $141 billion mother who is not going to be in the unless we make changes, these pro- of the $245 billion targeted specifically nursing home. grams are doomed? You can whistle at middle-income working families. We have a responsibility here to deal through the graveyard at night all you Mrs. BOXER. Will the Senator yield with the facts. The facts. We have a re- want, but eventually, folks, we face the as far as time? sponsibility here to base our decisions music. We must face the music. And Mr. SANTORUM. I yield for a ques- on what is good public policy for today, when the President of the United tion. Mrs. BOXER. It has nothing to do tomorrow, and the future. We are States walks in with his negotiators in with substance, but could I ask the standing up as Republicans, doing what a budget negotiation today to present Senator how long he expects to con- I believe is a very courageous thing. We an honest budget, he does not even tinue? are taking on the sacred cows of Wash- nick either of those programs, Medi- Mr. SANTORUM. Just a few more ington, DC. We are taking on Medicare care or Medicaid, does not even talk minutes. I will be done in 5 more min- and Medicaid and welfare. We are not about reforms of either of those pro- utes, I would suggest. doing it in a time of severe financial grams, when he knows that we have to Mrs. BOXER. I thank the Senator crisis or foreign crisis. We are doing it make fundamental changes. very much. because we believe it is in the best in- They did not walk out, but I would Mr. SANTORUM. So we have a tax terests of our children and their chil- not have blamed Senator DOMENICI and cut proposal targeted at middle-income dren, and people living today to do just Congressman KASICH to walk out. working families. I had done a few that. There comes a time in every negotia- fundraisers last year when some of our I will never forget, as a Member of tion when one side just has to call the local candidates were running, and Congress, reading column after col- bluff, and right now the President is there were people out there who ex- umn, expert after expert, people here bluffing. He has been bluffing for pressed to me the same sentiment that on this floor and in the House, saying, months. He is hiding those cards. He I hear from many Members on this side ‘‘When are we going to get statesmen has not shown them to anybody. All he at these fundraising events saying, again in this country? When are we is doing is looking at those cards and ‘‘We really don’t need these tax cuts.’’ going to get people who ignore the telling the American public: Oh, my That is what these people at fund- polls—who ignore the polls—who ig- cards are great. They protect our val- raisers were saying: ‘‘Well, we really nore the moment, who forget about the ues. I sometimes quiver at what his don’t need these tax cuts.’’ And my re- next election and think about the next values are. But they protect them. sponse to them was very simple. generation? When are we going to get Our cards are all laid out on the ‘‘That’s right, you don’t need these tax these statesmen here in Washington table. They are all face up. You can see cuts. But there are millions of working again?″ every one of them. You can see our families who do, who can’t afford to be They are here. And they are willing good cards and you can see our bad at these fundraisers because they have to sit down and negotiate. They are cards. You know what we have said? to feed children on two incomes.’’ willing to get serious about solving We are willing to negotiate all of those We want to give them a little break problems. cards. I do not know where the Senator so maybe they do not have to work two Maybe the White House should take a from Nebraska or the Senator from jobs. Maybe they can just work one few days off from polling and quit wor- South Dakota are coming from in say- extra job to make ends meet. And we rying about what the public is saying ing that we are not willing to negotiate want to reform Medicare so Medicare tomorrow or the next day and think the tax cuts. I have not heard one re- will be here not just for this generation about what future generations are cry- mark from any of the negotiators or of seniors but for future generations. It ing to us to do. any of the leaders or anyone on this absolutely amazes me how anyone Senator COVERDELL, from Georgia, floor who said we are not willing to ne- could stand up here and say we are for comes to the floor on a frequent basis gotiate the tax cuts. We are certainly seniors but we are not for touching and puts up a chart showing how, with- willing to negotiate the tax cuts. Medicare in the face of a report that in 15 years, five programs will consume We have already, as the Senator from says it goes bankrupt in 7 years. How every dollar of Federal spending. Five Nebraska said—and it may not have can you say that? How can you say you programs: Welfare, Medicaid, Federal been as much as he would like to have are for seniors? retirement, Medicare, and Social Secu- seen—we have already changed the tax Mr. FORD. Will the Senator yield for rity. Those five entitlement programs cut a little bit. We knocked off $5 bil- a question? will consume every Federal dollar, lion. But remember, this is money that Mr. SANTORUM. I will be happy to with the exception of payments for in- you work for. You would think around yield for a question. terest. here that a tax cut is money that we Mr. FORD. What budget has the Sen- You can trot around here all you have in Washington that we may want ator seen that has not reduced Medi- want about: You should not touch Med- to give to you. care? icare. You should not do this. If we do Let me remind you that you have to What budget has the Senator seen not control the rapid growth of all of pay it here first. You have to work that does not reduce Medicare? these programs, you will not have to hard to earn it and then pay it here. We Mr.SANTORUM. The President’s worry about Head Start funding. We do not have a right to it. This is not a budget— S 18720 CONGRESSIONAL RECORD — SENATE December 15, 1995 Mr. FORD. I just asked the Senator a cans, if it is about creating a better Medicare proposal. And if he does that, question. economy, if it is about giving up some then he cannot run around the country Mr. SANTORUM. —weakly addresses power here in Washington, oh, no. No, scaring seniors anymore. I mean, let us the issue of Medicare. that is not a high priority in this ad- cut to the chase here, folks. That is the Mr. FORD. The budget that was pre- ministration. What is a high priority is bottom line. sented reduced it $89 billion, the first scare tactics. Scare tactics. Oh, no, we We all know where the savings have one out of the box. are not scaring 25-year-old folks who to come from. It is no secret here. If Mr. SANTORUM. I take my time are getting out of school and ready to you take Social Security off the table, back. take on the world. Oh, we would not if you take Federal retirement off the Mr. FORD. Take it back, but be care- scare them because, you know what, table, and you are going to reform enti- ful and be accurate. you probably cannot scare them. Oh, tlements, where do you get your sav- Mr. SANTORUM. I will be happy to let us scare our grandmothers. Let us ings from? Where are you going to get be accurate. The President’s budget, I scare the golden. Let us scare the peo- your reforms from? We all know the will concede, reduces slightly the ple in nursing homes. Let us scare the answer. The President knows the an- growth of Medicare. people who rely on Federal Govern- swer. Mr. FORD. What about the second ment checks. Let us scare those people. And why it is he is so reticent to offer? They are the most vulnerable. We can come forward and put it on the table? Mr. SANTORUM. But nowhere near get them. Oh, they rely on us. We can Because he loses his political cards if the amount needed. get their votes. We can swing their he does it. Mr. BENNETT. Will the Senator votes. It is pathetic. It is pathetic. Mr. DORGAN. Would the Senator yield for another question? If the Senator from Kentucky is yield? I wonder how much time the Mr. SANTORUM. Be happy to. right that the President wants mean- Senator is going—— Mr. BENNETT. Will the Senator ex- ingful Medicare reform, well, let us Mr. SANTORUM. I was interrupted, and it threw off my train of thought. I plain to me how increasing Medicare at talk about it, do not run around the will do my best. If I am not continued the rate of 7 percent is described as a country, do not run around the country to be interrupted, I will do my best to reduction in any budget? I have not scaring seniors. Let us sit at the table close up pretty soon. seen a single budget anywhere that re- and discuss it, and let us come forward duces the level of spending in Medi- Mr. FORD. We would love for you to. with some real reforms, let us come Mr. SANTORUM. I know the Senator care. I have only seen a budget that re- forward with some movement. We have duces it from proposals. So I would ask from Kentucky would love to have the not seen any movement. opportunity to have the floor and say the Senator why he uses the term ‘‘re- The President’s budget remains as it duction’’ when in fact the amount of some things. And I do not think we are has at the same Medicare figure. Have going to close down shop here any time money being spent goes up each and we seen any changes in Medicare? No. soon, so I am sure you will have plenty every year? Has he moved? No. Has he moved on of chances to talk for quite some time. Mr. SANTORUM. The Senator caught Medicaid? No. Has he proposed a bal- But the reason that the President has me in my own inaccuracy, and I apolo- anced budget? No. Why? Why? Maybe not come forward with a balanced gize for that, and I apologize to my that is the fundamental question we budget is simple—because he does not Democrat colleague. I should not use sort of have to end with here. Why is it want to make the hard choices, he does the term ‘‘reduction.’’ The Senator is that the President of the United not want to make the politically dif- absolutely right. I should fill that in— States, who promised—I know that is ficult choices of balancing the budget, reduction in the rate of growth of Med- not necessarily a big thing around he does not want to lead. It is much icare, because that is all we are doing. here—who promised to balance the easier to sit up in the gallery and We are reducing the rate of growth. budget using honest numbers in 7 throw stones at the players. As I said earlier, Medicare increases years, why has not he put on the table Oh, it is easy to be a fan. It is easy to by over 45 percent over the next 7 a balanced budget? Why? be a critic. It is easy to be condescend- years. And so while the President Why do you think that is? Do you ing. It is very hard to get on the field, wants to reduce the rate of growth a think it is because that is not possible? put the pads on, and hit the line, make minimal amount, less, I might add, No. It is not because it is not possible. the tough choices. The President would than his original proposal when he was We know it is possible. We actually did rather stay off the field. advocating universal health reform, all it in the U.S. Senate. We passed a bal- Well, unfortunately, when you be- of a sudden from one year to the next anced budget. I give credit, 19 Demo- come President, you have to make he has decided that Medicare does not crats had a balanced budget, using Con- some of the tough choices. That is why need to be reformed as much as he first gressional Budget Office scoring, so I you get paid the big bucks because you thought it would. give them credit. They put forward a have to make tough choices. And the Now, I do not know what has led him balanced budget. I did not agree with reason that the Republicans are say- to that conclusion other than the fact its priorities. It might be a good place ing, ‘‘Call me when you are ready,’’ is that now we want to do it and he does to start working from. because the President is not ready yet. not. But why has not the President put He has not made the tough choices. What he wanted to do before was re- forward a balanced budget? I think the And this is not the Senator from Penn- duce Medicare so we could get another answer is pretty simple. Because if he sylvania talking, this is just about big Federal program started—universal was going to put forward a balanced every major publication in this coun- health care, Government-run health budget, keeping true to what he said he try who are beginning, slowly begin- care. He was willing to sacrifice sen- wanted to do, balance the budget, pro- ning, to understand that the President iors, using his term, sacrifice seniors to vide middle-income tax cuts for fami- is not playing from the top and dealing fund a big new entitlement program, lies, which he said he wanted to—prom- from the top of the deck. more health care, Government run, but ised during his election. I know that It is about promises. And I will con- when it comes to balancing the budget, does not mean anything anymore. We clude with this. No applause necessary. no, it is not worth that sacrifice then do not believe candidates anymore, We promised—we promised, those of us to balance the budget—if that is what some more than others, but he said he elected in 1994 and here in the Senate, it is, a sacrifice. wanted to do that. He wanted to save and many others who were elected in I guess it is a matter of your prior- Medicare, end welfare as we know it. their elections even prior to 1994, we ities. If your priority is to grow the That was part of his election cam- promised that we would balance this Government, create new entitlements, paign—end welfare as we know it. budget. We promised. And I know create new programs, oh, it is worth Why could he not come up with that promises are not thought a lot of down taking a little bit out of one Govern- balanced budget? The answer is very here. In fact, they are just sort of made ment program to fund a brand new one. simple. If you want to do what the to get elected. I know that is the com- But if it is about balancing the budget, President says he wants to do, he has mon thing. You say things to get elect- if it is about helping working Ameri- to make changes to his Medicaid and ed. Say you are for a balanced budget December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18721 and vote against it on the floor; say But I want to say to my friend that they want a balanced budget, and so do you are for tax cuts and vote against statesmen do not show disrespect to we, and we voted for several of them. on it the floor or do not propose it in the Office of the Presidency and states- They agree with us. Yes, they want a your bills. But you know what? We men do not use the word ‘‘lie’’ on the balanced budget, but they want a bal- promised. floor of the Senate. And I think it is anced budget that does not hurt the el- I will tell you a story of a man who very important for the sanctity of this derly, that does not hurt the middle was the head of a Bible college in institution that we respect each other class, that does not hurt the children, South Carolina, something he always and that we respect the Office of the that does not hurt the environment. wanted to do. His father started the Presidency. Mr. REID. Will the Senator yield for college, and he always thought of his And I have to say that I hope the a question? life’s vocation as taking over the col- Senator from Pennsylvania will read Mrs. BOXER. I will be happy to do so. lege from his father and leading that his remarks in the RECORD and will Mr. REID. It is true, is it not, the Re- school. And he did. He did for several have an opportunity to go over those publican budget, every one they put years and was terrific at it. Loved his remarks. forth, raises taxes on anyone making work. Perhaps when he reads those re- less than $10,000 a year, which includes Unfortunately, his wife came down marks, he will understand the dif- the majority of people in America? with Alzheimer’s. And, as you know, ference between making a point in a Mrs. BOXER. My friend is accurate, a Alzheimer’s is a very debilitating dis- way that is disrespectful and making a majority of people who earn less than ease. Over time she got worse and point in a way that is respectful. $10,000 a year are hit with a tax in- worse and worse to the point where she I will say to him further that he crease in the Republican budget. needed around-the-clock care. She was talks a lot on this floor about children. Mr. REID. If my friend will just let completely incapacitated, did not Children watch us debate. Children me again ask another question? know who anybody was, did not know need to learn respect, and I hope that Mrs. BOXER. Yes. who he was. And he made the decision he will think about what I have said, Mr. REID. Anyone in the United to quit his job at the Bible college and and perhaps the next time he comes on States, which includes a majority of give up his vocation. to this floor of the U.S. Senate to dis- the people in America, under the budg- The members of the board of the agree with the President of the United et proposals we have gotten from Re- Bible college came to him and said, States, because he happens to believe publicans, every one of them, everyone ‘‘What are you doing? You are giving the President is wrong to stand up making less than $10,000 a year, will up something you have always wanted against $270 billion cuts in Medicare have a tax increase, is that not right? to do, and you are doing it so well. and change the nature of Medicaid, he Mrs. BOXER. It is true, a majority of Look at the number of people you are thinks the President is wrong to stand those earning under $10,000 a year will going out to educate, to spread the up against tax cuts which, in fact—in be hit with a tax increase and the tax Lord’s word all throughout the coun- fact—benefit the wealthiest among cuts go to the wealthiest. That is a try. And you are giving that up to go us—as a matter of fact, if you earn fact. And as I serve on the Budget Com- home and take care of your wife? She over $350,000 in this Republican budget mittee, I say to my friend, I tried. We does not even know who you are.’’ that they are so proud of, if you earn offered amendments that said if there And he said two things. First he said, over $350,000, you will get back thou- will be any tax breaks or cuts it should ‘‘She may not know who I am, but I sands of dollars each and every year. be aimed at the middle class, not at the know who she is. And, second, when I As a matter of fact, over a 10-year pe- wealthy. married her, I promised till death do us riod, you will probably get back more I know that my friend from North part. And there is something more than $80,000 in taxes, and that is why Dakota has been wanting to speak, so I than a calling from God; it is a prom- the President is making the Senator am going to sum it up in about 3 more ise.’’ minutes, and I want to make a point. We promised. And we are going to from Pennsylvania so angry. That is There is no reason to shut this Govern- stay here every day, all day if nec- why the President of the United States ment down, no reason in the world to essary. And yes, we will storm out of is making the majority leader so shut this Government down. It is child- rooms and maybe they do not storm angry. And that is why the President of ish, it is stamping your feet, it is say- out but they should have for the dema- the United States caused the Senator ing, ‘‘I’m taking my books and I’m goguery that is going on. But we will from Florida, Senator MACK, to say, be here every day ready, willing and ‘‘I’m angry.’’ going home.’’ But more than that, it is able to negotiate because we promised. You know what? That is just fine selfish, and it is cruel to do it. I want to talk to you in my remain- And I have told the leader I will be with me. That is just fine with me. If ing moments about a couple of people here Christmas Day. If we are going to you are angry because the President is in California. Ken Takada, a veterans vote on the floor of the Senate to send standing up for the people of this coun- claims examiner in Los Angeles. His American men and women to be in try, not the special powerful few, but job is to make sure veterans receive tents and around kerosene heaters in the people of this country, then go the health and pension benefits to Tuzla, then I can be away from my ahead and be angry. To talk about, as the Senator from which they are entitled. If the Govern- family on the floor of the Senate to Florida, Senator MACK, did that the ment shuts down, Ken will not be there save the next generation of Americans. We will be here. And we will win. The Democrats have no guts, let us talk to see that our veterans get what they President will eventually understand about that for a minute. When we deserve. Even after the shutdown ends, that our resolve to balance this budget started here on the floor of this U.S. its effects will be felt for a long time, is greater than his to get away with Senate talking about the budget of because while the VA is closed, new not doing it. NEWT GINGRICH that was the center- files are piled on his desk, lengthening Madam President, I yield the floor. piece of the Contract With America, we the case backlog that is already too Mrs. BOXER addressed the Chair. were not popular. We were not popular long. The PRESIDING OFFICER. The Sen- at all. As a matter of fact, the polls So the veterans will get hurt and the ator from California. said the Republicans were flying high. shutdown will hurt Ken. He is not inde- Mrs. BOXER. Thank you very much, But we stood on the floor of the U.S. pendently wealthy. He lives like most Madam President. Senate and we said we will not allow Americans, from paycheck to pay- Before the Senator leaves the floor, I the power of Government to stand be- check. If his pay does not come in, he disagree with him on many of the hind the wealthiest few and abandon could default on his student loans. things he said; and on a couple I agree. the middle class and the people in nurs- But when Senator DASCHLE stood When he said we need more statesmen ing homes and the people on Medicare; here and offered a continuing resolu- in the U.S. Senate and in Government, we will not allow that. tion that was clean that said keep the he is right. We need more statesmen And suddenly, the people in this Government going, let these people go and we need more stateswomen in poli- country woke up, and they heard us to work, let them do the work they are tics. and they heard this President. Yes, paid to do, let them have some sense of S 18722 CONGRESSIONAL RECORD — SENATE December 15, 1995 security, the Majority Leader DOLE ob- Mr. BENNETT addressed the Chair. nomic terms, and I said to myself that jected. The PRESIDING OFFICER. The Sen- this particular tax cut is not going to So let me tell you, my friends, it is ator from Utah is recognized. increase the rate of growth in the econ- an ugly situation here. Senators who Mr. BENNETT. Madam President, I omy, which is the root problem. There will not lose a day’s pay—there is no appreciate the recognition. I say to my are now economic studies that chal- corner on anger in this Chamber, and I friend, I know he has been on his feet. lenge that conclusion that demonstrate know the Presiding Officer and I tried I have been in the Chamber for some that this tax cut will, in fact, stimu- hard to make sure that we sacrificed time, also. I will not go on as long as late economic growth. But I will leave something when we cannot get our act my colleague from Pennsylvania, and I that debate for another time. together and the Government shuts assure him he will get an opportunity I will simply raise this point. If, in down. to respond as quickly as I can make a fact, one of our more serious difficul- We have a bill that simply says we few points. ties is stagnant real wages for ordinary should be treated like the most ad- I will not use words like ‘‘lie.’’ I will people, and it is a fact that—being the versely affected Federal employee. But, not use ‘‘despicable’’ and ‘‘disgraceful.’’ father of six children, I know this one— no, the majority leader objects when I came over here a little bit angry, but the biggest impact comes upon those the Democratic leader says, ‘‘Let’s I will not use the word ‘‘anger.’’ I will who have kids. They have to worry keep the Government going just for a do my best to try to analyze what I about clothing them and educating few days.’’ And what is the price that think is really going on here and hope them and taking care of them. What Senators and Congressmen and NEWT it might make a modest contribution could be a better way of attacking that GINGRICH get to pay? Zero, because to the dialog. particular economic problem than say- NEWT GINGRICH himself has blocked I do not believe that anybody is pro- ing to those ordinary people, who have that bill from coming before the House. posing savaging Medicare. That was a children, that we will allow you to It has passed here three separate phrase that was used earlier on this keep an extra $500 per year for each one times. I think it is an utter disgrace, it floor. I am willing to stipulate, for this of your children, while we work on this is despicable. I hope every single per- Senator, right this moment, that I will long-term problem of solving our son in this country will let Speaker accept the President’s number for Med- growth difficulties? GINGRICH know and call him on the icare. It happens to mean, in terms of The Senator from California was phone 225–0600—it is a 202 area code— increased premiums—one of the things talking about people who are earning and tell him that he does not deserve the President has been most upset $350,000 a year who are going to get to get his pay as long as Federal em- about—that I am now sacrificing Fed- $100,000 in tax benefits. My reaction is ployees are not getting theirs. eral revenue of 39 cents per day per re- that they are sure going to have an Let me just say this. They can put cipient by going to the President’s awful lot of kids if they are going to any spin they want on the other side of number. get $100,000 a year, because the tax the aisle. They can do it. But it comes I know enough about forecasting to break comes at $500 per child. That is down to the bottom line: This Presi- know that I am perfectly safe in saying going to require more children than I dent is not going to allow Medicare, I will take the President’s number as know of anybody having had to get to the full $100,000. We are talking about Medicaid, education, or the environ- to what the premiums will be 7 years $500 per child for the man, or the ment to suffer in order to give a huge from now, because anyone who really woman, or the couple, who has a child, tax break to the wealthiest people. thinks we can make a forecast within who is working for wages at $20,000 or That is the issue and they do not like pennies that is good for 7 years is kid- $30,000 or $40,000 a year and is having fi- it. They will spin it their way and tell ding himself or herself. So I am willing nancial problems, because his or her you they are going to save Medicare. to stipulate that the Medicare debate real income has been stagnant for I will ask you to look at NEWT GING- over numbers is off the table because I am willing to accept the President’s years. RICH’s speech made 2 months ago when So I have revised my position on the numbers as the target numbers rather he said, ‘‘We cannot kill Medicare out- tax cut, as I have looked at it in those than the Republican numbers because right. We are going to let it wither on terms, and said that this makes sense. they are literally pennies apart. There the vine.’’ Those are his words, not It certainly makes a lot more sense is no point in fighting over it. If that mine. than taking that $500 and bringing it to The majority leader, Senator DOLE, means that I am now redeemed from Washington and spending it on some who says they are going to save Medi- savaging Medicare, I appreciate the re- kind of job retraining program in the care—and he bragged about it in a re- demption. But what it really means, hope that you can do something about cent speech that when it was brought Madam President, is that the phrase the stagnant real wages of that wage up in the U.S. Senate and U.S. Con- savaging Medicare is a misplaced earner. This is not a tax cut for the gress, he was here to fight against it. phrase because the President, himself, rich. The statistics demonstrate it. The So if the American people believe the has proposed a number that is, as you demagoguery goes the other way. We Republican Party is going to save Med- go over the life of the program, simply need to keep our focus elsewhere. icare, either, first, they do not know pennies away from the number we have What is this really all about, Madam their recent history and past history, been attacked for in these many President? Why are we facing this kind or, second, they must think that Jack months. of a crisis here tonight? Some would the Ripper is Mother Teresa, because I would like to talk about the tax cut summarize it by saying the Repub- there is no way that this Republican for the wealthiest among us. One of the licans are willing to risk shutting down Party, given its history and given this most serious problems we face in this the Government in order to get a bal- budget, can stand with a straight face country—which we sometimes lose anced budget. and say they are the party that is try- sight of, but occasionally turn to—is The President is willing to risk shut- ing to save Medicare, and, oh, they are the fact that real wages among people ting down the Government in order to the party that is going to make sure who work for salaries and work for prevent a balanced budget. the middle class and the poor are wages, who do not have investment in- I prepared to say that and I decided, brought along. It just is not true. come and interest income, have been no, I better go farther than that; that So there is a lot of anger around stagnant for many years. The stag- is too glib a summary. This is what I here. There is a lot of disappointment nancy goes back into past administra- think this is all about. Let us go back around here, and it permeates through tions. It has not changed under this ad- to the 1992 campaign. My friend, Sen- this Chamber, but, frankly, it is for dif- ministration. It is one of the economic ator DORGAN, who is probably going to ferent reasons. problems we face—real wages for what be recognized next, and I both ran for I stand with President Clinton in we call ordinary people have been stag- the Senate in 1992. So did Bill Clinton standing up against a budget that nant. run for President in 1992. I do not know would be put in balance at the expense I will confess that I approached the what the Senator’s campaign slogan of the American people. tax cut for children with some concern was, but I know what mine was. It was I yield the floor. because I looked at it solely in eco- change. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18723 I had a little trouble with that be- It reminds me of the old Wall Street cal was Camelot. She said—referring to cause somebody said, ‘‘That is Gov- advice by a wise old broker who says, the Kennedy Presidency from the lan- ernor Clinton’s slogan. He is running ‘‘When somebody asks you about a guage of that musical—‘‘Let the word on change.’’ The woman elected to the stock price, give them a number or go forth and let it never be forgot that second congressional district in Utah, give them a date but never give them once there was a place that was known Karen Shepherd, a Democrat, ran on both.’’ Stocks going to double—do not as Camelot.’’ And that name has stuck. change. We all got elected. President tell them when. Give them a number, If I may, with I hope appropriate re- Clinton got elected on change, I got give them a date, but never give them spect, suggest that for this administra- elected on change, and Karen Shepherd both. tion, the musical should not be Cam- got elected on change, Republicans and That has been Government as usual elot but Annie because the hit song in Democrats, on the wave was change. with balanced budget—Republicans Annie is ‘‘Tomorrow.’’ ‘‘Tomorrow, to- Then the President put forth his first have done it, Ronald Reagan has done morrow, I love you tomorrow, you’re serious financial proposal. It was a $19 it, Democrats have done it, Jimmy always a day away.’’ I suggest that this billion stimulus package saying we had Carter did it—give them a number, give debate is about whether or not we at- to stimulate a sluggish economy by them a date, but never give them both. tack the difficulty of balancing the spending $19 billion in an emergency We have to give a date here. budget today or whether we leave it for appropriation. When is the date that the budget will the outyears—‘‘Tomorrow, tomorrow, Why do I point that out, Madam be balanced? It is always in the out- always a day away.’’ President? For this reason: Emergency years. That is a phrase that the Amer- I side with those that say tomorrow appropriations do not go through the ican people do not understand. The is never going to come. If we are going budget process. Emergency appropria- budgeteers tell you outyears means the to deal with the problems of the bal- tions go directly to the deficit. We years out there somewhere in the fu- anced budget we must deal with it now. have an emergency, we have to bypass ture. I discovered that outyears means We must deal with it here no matter the budget process. We stood here on never. The budget is going to be bal- how difficult and problematic it be- this floor recognizing that the proce- anced in the outyears. That means comes and how angry it makes us. We dure of taking emergency appropria- never. must step out to that hard choice and tions to bypass the budget and taking What this fight is all about is wheth- deal with it today instead of waiting care of your political constituency in er or not we are going to take Govern- for the time that is always a day away. an emergency appropriations bill was ment as usual and procedure as usual I yield the floor. Mr. DORGAN addressed the Chair. not changed, it was the ultimate exam- that promises a balanced budget in the outyears, or whether we will take the (Mr. BENNETT assumed the Chair.) ple of business as usual in this town. Mr. DORGAN. Mr. President, I have first steps this year and in this budget. We Republicans like to say we bril- stayed on the floor for some while be- President Clinton sent us a budget. It liantly executed a strategy blocking cause I felt a number of things need to was put on the floor. It was defeated 99 that. As a matter of fact, we stumbled be said in this debate, and the longer I to 0. I hope the people that are guiding into it. There was not any brilliant stay the more I regretted having the President in these budget negotia- strategy. It just kind of happened. stayed, listening to some of the debate. Then we discovered something. The tions remember that under law he has I must say the Senator from Utah is, American people liked the fact that we to send us a budget for fiscal year 1997. I think, one of the most thoughtful blocked the stimulus package which His budget for fiscal year 1996 was de- Members of this Senate, and I admire was really business as usual. feated 99 to 0. He has to send us a budg- him and respect his views. He has, as So the 1994 election, in my view, et for fiscal year 1997. If, indeed, what he usually does, expressed his views turned on this issue and this issue pri- we are proposing is too draconian for with great respect tonight on the floor marily: Which party is really the party fiscal year 1996, and he really does of the Senate. of change? The American people had no want to get the budget balanced by I say to him, however, that his use of change—what they wanted. They voted 1997, he has to be far more draconian in the song from Annie is probably an ap- for change in 1992. They felt they did 1997 than the Republicans will be, be- propriate starting point because the not get it, so they voted for it in 1994. cause we have a head start on him by implication of the song that is sung in What are we talking about tonight, virtue of what we are willing to under- Annie, ‘‘Tomorrow, tomorrow,’’ is the Madam President? We are talking take in fiscal year 1996. Of course he postponement. He says that there is about change. We are talking about would prefer 10 years—10 years gives 3 not today, there is always the post- which party is most dedicated to more outyears in which to make his ponement. Actually, the lyrics of that changing the way the Government projections. song are ‘‘The sun will come up tomor- works. We are cloaking that debate in I think with all the rhetoric that is row,’’ and so on, and it seems to me conversation about the rate of growth going on, the real core problem here that that does represent a kind of a dif- in Medicare, or slashing Medicare if that is dividing the two parties and ference here. you prefer that rhetoric. We are cloak- that has created the anger and the ex- If your notion is there is only today, ing that debate in talks about tax cuts citement and the specter of certain we are only dealing with today, I guess for the rich, and then others respond portions of the Government being shut you sometimes forget about the tomor- saying it is not for the rich. We can down tomorrow is more fundamental row—the 5-year-old that will be in first have that debate. What we are really than the rhetoric around. It is over the grade next year; the kid who is 3 that talking about is whether or not the question of where is the Government might get a chance to go to Head Start Government is going to fundamentally going, and are we finally going to un- next year. Really, the difference in pri- change the way it does business and dertake the hard choices of doing it orities among many of us is to look to the way it keeps its books—the bal- now rather than giving us the rhetoric tomorrow, look to the future, look to anced budget amendment, the balanced of doing it in the outyears. what this country is going to be, in 2 budget bill, a balanced budget in 7 In conclusion, Madam President, I years, 5 years 7 years, 10 years, look years. offer this summary which may be a lit- about what we will do for our children, Let me conclude by telling you Gov- tle irreverent but that I think helps us what we will do when people reach re- ernment as usual—and why I think we understand what we are talking about. tirement age, what we will do about need change. I have been around this The Presidency of John F. Kennedy has those who want an education. Yes, it is town or observed this town for over 30 been summarized in shorthand now by really about tomorrow. Let us do what years, even though I have been a Sen- virtue of a comment his wife made we should do today. Let us meet our re- ator for only 3 years. I have seen politi- after his death when she said his favor- sponsibilities today and also decide to cians of both parties and of all political ite musical was Camelot. She described care about tomorrow, to care about our stripes—liberals, conservatives, mod- how she and he would listen to records children, to care about our elderly, and erates—all stand up and claim their in the evening as they were falling to do the right thing. undying allegiance to a balanced budg- asleep. They would put a record on it You will not hear me in discussing et. When? and listen to it, and his favorite musi- our differences use the terms ‘‘liar,’’ S 18724 CONGRESSIONAL RECORD — SENATE December 15, 1995 ‘‘dishonest,’’ ‘‘untruthful.’’ And I must the Homestead Act was? Do you think that costs $1.3 billion, and you need an- say, having sat and listened, now, this that was the largesse of Chase Manhat- other ship. You did not ask for them, evening, that this, because of the cir- tan Bank? Do you think it was the but you also need a second amphibious cumstances of this budget debate and Rockefeller Trust that said, ‘‘Here, if ship for $900 million. You need six more the breakdown of the negotiations and you will do this, we will provide you F–15’s that you did not ask for. You the potential of another shutdown of 160 acres of land’’? No. It was the Fed- need six more F–16 jet fighters that the Government, is not a proud day in eral Government. It was the Home- you did not want and we insist you buy the 104th Congress. I am not proud of stead Program that said, ‘‘Here is an them. We want, we insist you order the debate I have heard here in the incentive for you to do the right three C–130 cargo aircraft. B–2 bomb- Senate over the last couple of hours, thing.’’ ers? We think you are wrong when you with pejorative terms about motives of And this sturdy Norwegian woman— say you do not want B–2 bombers. We others. Lord only knows the courage it must want you to buy 20 of them, at $35 bil- It seems to me that we can disagree have taken to take her children and go lion. without being disagreeable with each to the prairies of North Dakota and Star wars? We insist you buy it. We other. We can talk about fundamental pitch a tent and start a farm by her- increase 100 percent of the funding for policy differences—Medicare, edu- self. This sturdy woman said, ‘‘I am star wars, and we demand you begin to cation, agriculture, veterans, Medicaid going to do that.’’ But it was the build it in 1999. By the way, we want and so many others—without deciding Homestead Act that helped her do that multiple sites and we want it to be that because you are on one side or the as well. space-based. other of the debate, you are unworthy I am proud of a lot of those things. I I could go on at some length. This is or you are not able to think or you are am enormously proud that we decided a long list of what people who say they not honest. That is not, in my judg- to have an REA program that lights up want to balance the budget have de- ment, debate that advances the inter- the farms in America. I am proud of cided they want to add to this bill. ests of the Senate or the interests of the fact that we have a Medicare Pro- After all, this is a specific bill. This is this country. gram. Over half the senior citizens of where you really begin to balance the I put my hand on a Bible when I was this country 35 years ago had no health budget, in day-to-day individual deci- sworn into the U.S. Senate, and it was care at all. Mr. President, 99 percent of sions. one of the proudest days of my life. I them are covered for health care these In fact, when this bill came to the did not come here to want to create days. I am proud of that. If someone floor of the Senate, do you know there problems. I came here because I wanted stands up here and says, ‘‘Why don’t was a little provision tucked away in it to solve problems. I want this country you decide to start defending these calling to spend $60 million for blimps? to be better. I have children who are in things?’’ To put us—I am not defensive Yes, blimps. I went on a short scav- school. I want life to be better for about it. I am proud of what we have enger hunt, asking who would want to those children. I want the world to be done. We have made this a better coun- buy blimps in the defense budget? safer. I want our schools to be better. I try because of it. Could someone tell me who the blimp want their job opportunities to be Do we have to balance the books in is for? Will there be a name on the broader. That is what I want to partici- this country? Do we have to balance blimp? Will that identify the author? pate in. the budget? Of course we do. That is There were no hearings—$60 million for We might reach those goals in dif- not at odds. Of course we must. The blimps. ferent ways because we have different question is how do we do that? How do My point is this: The next time some- philosophies, but I expect most of us we do it in the right way that serves one stands up and points at someone want the same thing. The question is, this country’s interests? else and says, ‘‘You are the big spend- why can we not decide to sit down and I come to this floor and I hear people er,’’ I ask them how did you feel about reason together without the threats stand up all the time and they point a this? Do you want to balance the budg- and without the language and without finger at somebody and say, ‘‘You, you et? Let us start with the first step the punitive kind of approach that are the one. You are the big spender. right now, 10 minutes to 8, let us decide some here would take; to say: In order You are the obstacle. You never want we do not need B–2 bombers the Air for me to win I must make you lose? Force says it does not want. Let us de- I want to talk just a little about the to cut spending.’’ cide we should not build a star wars pieces to this puzzle, this issue of a The Presiding Officer knows what the program the Secretary of Defense says Federal budget. We talk a lot about business of the Senate is tonight. The numbers, and it is true it is a puzzle business of the Senate is the Defense is unwise to build at this point. This is with pieces that deal with numbers. authorization bill, that is what is on where budget cutting starts. This is The question is, How do you make the floor right now. Let us talk just for where balancing the budget starts. And them all fit together? The numbers all a second about some of the facts. the fact is, the folks who are here bust- represent investments or expenditures You know, you spend money not in ing their buttons, bellowing, often the for one reason or another. We do not some aggregate, hypothetical scheme loudest—not everybody bellows, but often enough talk about what it is this called a budget debate; you spend there are some bellowers—bellowing country has tried to do. money by authorizing it in a Defense the loudest about they are the ones I was on a radio program some while authorization bill and an appropria- who would solve America’s problems ago. Someone asked me of my heritage, tions bill. I just want to show, for those and balance the budget, are the very and I explained about my great grand- who are interested, what is on the floor ones who come to the floor with this mother Caroline who, with six chil- tonight: A Defense authorization bill. set of priorities. dren, after her husband died, left Saint Mr. President, $7 billion was added to The Treasury Department did a story Paul, MN, and took her children to the this bill beyond what the Air Force, about the numbers that I think makes prairies of Hettinger County, ND, and the Army, the Marines and the Navy it pretty clear. It says, picture it this pitched a tent. This woman, born in said they wanted or needed to defend way: Spending and taxing priorities in Norway, whose husband died, went to this country. They said, here is what the budget that has been offered and Hettinger County, ND, to pitch a tent, we need. Here is what we ask you for. that the President vetoed, take a build a house, and build a farm, and Here are the trucks, the ships, the roomful of people—my hometown was raise her kids. planes, the submarines we need to de- 400 people—a roomful of 400 people. Get Someone called the radio show and fend our country. them all in the room, and you have a said, ‘‘I wonder what she would have And then this Congress, this body community meeting. You say to them: done had there been a welfare program says, General, Admiral, Mr. Sec- Here is the way we divide this up in back at the turn of the century? Would retary—you are wrong about that. You this approach to balancing the budget. she not have been enticed, probably, need $7 billion more. You need 17 more We want the 20 percent of you in this just to go on welfare?’’ T–39 jet trainers. And we insist you buy room who have the lowest incomes to I said, Who do you think gave her the them. You need six EA strike aircraft. move all your chairs to this side of the 160 acres of land? What do you think You need an LHD–7 amphibious ship room. And so you get the 20 percent December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18725 with the lowest income moved over to to show up with hope in their heart be- ernment and private experts on eco- this side of the room. And we say: We cause we have a Head Start Program nomic growth, and so on, and also that have news for you. We have to cut the that says you come from a troubled it will relate to the priorities—Medi- budget. We just have to tighten our family and you come from cir- care, Medicaid, and others. And those belts. We have to cut back. You 20 per- cumstances that you were not select- are very important elements. I think cent with the lowest incomes, you get ing when you were born; you did not se- to the extent that I have heard this 80 percent of the burden of the spend- lect to be born into poverty, but we are discussed tonight in the Chamber of ing cuts in the budget. going to give you a head start. We are the Senate it has not been related the Now, we know that is bad news, so we going to give a head start in life. way it was just read by me. do not want the entire room to be filled I saw 60 of them out here in the Cap- And so there is a lot to talk here with bad news. We do have some good itol this morning; a group of 60 Head with respect to what we are doing and news. We would like the 20 percent Start kids came in with parents and where we are. We need to reach an end with the highest incomes in this room teachers, and I stopped and talked to point, not with games but with honest to move their chairs over to this side of them because I love the Head Start budgets that deal with priorities that the room, and they do. So the 20 per- Program. It works. We know it works. are right for this country’s future. Will cent with the highest incomes are all It works well. It invests in young kids. Rogers once told a story that I thought sitting on this side of the room. We It invests in the future. And we are was interesting. He talked about what say: Now, we have some good news for saying with the priorities in this Con- his daddy said to him about how to you. You 20 percent with the highest gress that we want to increase star succeed in life. Will said his dad told incomes get 80 percent of the tax bene- wars by 100 percent; we want to in- him to buy stock and then hold it till fits in this bill. crease the funding for star wars by 100 it goes up and then sell it. And he says, And that is the problem with the pri- percent, but we want to say to 55,000 ‘‘If it doesn’t go up, don’t buy it.’’ orities. kids, each one of whom has a name and I thought about it. That is pretty in- I am not here to point fingers but hope in their heart for a better day to- teresting advice, right? There is a lot neither am I willing to allow people to morrow, we do not have room for you of that kind of mechanical description stand in the Chamber of the Senate and in the Head Start Program; we cannot of dealings here in the Congress, the say it is the Democrats that have mis- afford you. You have to be told you are so-called guarantees. We see from the majority side interests that they have, represented what the majority party going to have to leave the Head Start legitimate interests. I understand them has done. Program. I am just saying to you that with respect to balancing the budget. I wish to hold up a chart that I held is not the right set of priorities. up before. It is Kevin Phillips, whom Let me in just a final moment come They say to us we want a $250 billion all of you know, a noted author. He is to a specific piece that was raised by tax cut. Personally, I think there ought not a Republican political analyst. He has others because I think, to be fair to the be a tax cut until the budget is bal- been a Republican all of his life. And President, we need to have the agree- anced. I think we ought to put it aside here is what he says about it. Not me, ment that was entered into some 21⁄2 and say, let us do the heavy lifting a Republican, Kevin Phillips, has writ- weeks ago put in the RECORD, and I am first. Let us honestly balance the budg- ten: going to read it because no one who has et. When we are done with that, then Spending on Government programs— referenced this agreement has read it let us turn to the Tax Code and hope- He is speaking about the reconcili- out loud. This is a CR commitment to fully cut taxes for middle American ation bill to balance the budget that a 7-year balanced budget. families. But the majority party says, the President said was unfair and he The President and Congress shall enact no, that is a priority. It is a legitimate vetoed it. legislation in the first session of the 104th thing. I understand that that is their Congress to achieve a balanced budget not from Medicare and education to home heat- later than fiscal year 2002 as estimated by priority. They came to the negotiating ing oil assistance is to be reduced in ways the Congressional Budget Office. The Presi- table today and said, OK, we have that principally burden the poor and the dent and the Congress agree that the bal- changed our position on tax cuts. We middle class, while simultaneously taxes are anced budget must protect future genera- said roughly $245 billion. We are going to be cut in ways that predominantly benefit tions, ensure Medicare solvency, reform wel- the top one or two percent of Americans. to come down from that $5 billion. fare, provide adequate funding for Medicaid, It seems to me that is not very much That is not me saying that. This is education, agriculture, national defense, vet- movement in terms of negotiating a the writing of a Republican political erans and the environment. compromise. The tax cut includes, analyst. And frankly, he is right and Further, the balanced budget shall adopt tax policies to help working families and to some will say—and I expect Senators that is the problem with the priorities. who will speak afterwards will say—a We can do better than that. We can do stimulate future economic growth. B. The balanced budget agreement shall be $500 cut for children, knowing, of better than that. The common interest estimated by the Congressional Budget Of- course, that nearly half of the children of Republicans and Democrats in the fice based on its most recent current eco- in this country will not get any benefit Congress to come together and com- nomic and technical assumptions following a or full benefit of the $500 because they promise can produce a result that is thorough consultation and review with the come from poor families and this is not more fair to the American people. Office of Management and Budget and other refundable. So a lot of kids are left out Government and private experts. We, I think, should solve this prob- of this, of course. But there are a cou- lem. There is no reason for there to be The balanced budget agreement shall ple other things that are in there that a shutdown of Government services to- be estimated by the Congressional I will not expect anybody to stand up night. That is a failure by any stand- Budget Office. The President has and support tonight because I think ard, a failure shared, in my judgment, agreed to that. I agree to that. I be- they do not want people to understand by both political parties. I do not deny lieve it should be so. But there is no- what is sort of slipped under there just that. But there is not any reason that where in this document that suggests below the surface of the water that no- we ought not have negotiations that that the discussions at this point in the body really should see. Let me give you reach a result which is good for the fu- process can or will be scored by CBO an example. ture of this country. because the fact is CBO still has not A cut in the alternative minimum Tomorrow, tomorrow, the sun will scored the options that are laying on tax for the largest corporations in the come up tomorrow. There is a tomor- the table. So you work from a series of country that will mean each of 2,000 row. There are people who will experi- options to get to an end point where corporations will receive a $7 million ence the joys of being an American to- you reach agreement and that will be tax reduction. It seems to me when you morrow, hopefully benefit from the scored by the Congressional Budget Of- are short of money for Head Start but fruits of what being an American is— fice. The President agreed that that is you say ‘‘I have money to give 2,000 going to good schools, having a nutri- what it will be. But it also is an ac- corporations $7 million each in tax re- tious lunch for a low-income child in knowledgement that it be scored by ductions’’ is not a right priority. the middle of the day at a school lunch the Congressional Budget Office after Another little one, a tiny little issue program or for a 4-year old to be able consulting with OMB and other Gov- that I bet no one knows who stuck in— S 18726 CONGRESSIONAL RECORD — SENATE December 15, 1995 in fact, about 3 days ago, I asked if page one and go through it. Let us cently on a couple of occasions I have anyone in the Senate knew who stuck reach agreement and compromise, bal- parted company with my President and this provision in. Would they please ance the budget, do it the right way, my party and voted with the majority identify themselves so we could debate protect the right priorities and solve party here. This week I was the only the wisdom of it. It is a little provi- this country’s problems. Democrat Member of the Senate to sion. I think it is called 956A. I am not President Clinton has a veto, and he vote against my President on the sure I have the right number on it, but used it because he said some things are Bosnia action. I voted with mostly Re- it is a little provision that makes it important. We are going to stand and publicans, because I do not think you more attractive to close your manufac- fight for some things. Elderly people should just use partisan consideration turing plant in the United States and who live with very little income and when you are doing something as sig- move it overseas. rely on Medicare do not deserve to pay nificant as sending American men and It deals with investment in passive more and get less health care. We want women to a very dangerous situation assets on overseas income that would to protect that program. It does not in Bosnia. otherwise be repatriated to the United mean there cannot be some cuts. There And more than that, on the issue be- States. In short, it says, let us make it will be some cuts, but we do not believe fore us tonight, the budget issue, I was more attractive to move American jobs you ought to have a quarter of a tril- one of only seven Democrats to say, overseas. And $244 million is lost by in- lion dollar tax cut in order to make when the Republicans proposed that creasing the tax break to corporations room for the cut in Medicare by a quar- the budget be balanced within 7 years, who would move their jobs overseas. ter of a trillion dollars. That is not I voted, yes, that sounds reasonable. I I want to know who in this Chamber fair. It is not balanced. And it is not disagree with the way the Republicans thinks it is a good idea for us in this the right thing to do. want to do it, but I thought it was rea- bill to decide, or that we ought to en- There is a better way to do it, and I sonable to continue the Government courage even more the movement of think that reasonable people could sit with the agreement that we should bal- American jobs overseas? Anyone? down and in a very reasonably—I ance it within 7 years according to Three days have passed since I asked should not say very reasonably—in a Congressional Budget Office numbers. who wrote it, and no one has been will- short period of time come to a reason- So I have been giving the Democrat ing to claim credit. It is only $244 mil- able compromise that protects some of President some heartache lately. I am lion. That is only a quarter of a billion. these things that are important for the sure I am not No. 1 on his Hit Parade, And some people think that is probably future of this country. as some people say back home. And I not relevant. But when you come from Mr. President, the Senator from Wis- regret it when I have to disagree with a town of 400 people, we are talking consin has been extraordinarily pa- him. pretty big money when you talk about tient. I apologize for the length, but I But I am very troubled by the per- $244 million. appreciate having the opportunity to sonal attacks I heard on the floor to- I would like to find out who did that, address some of these issues on the night toward the President. I remem- and why, and how do they stand up and floor of the Senate. I yield the floor. ber when I was a young teenager, the claim that one side does not bargain in Mr. FEINGOLD addressed the Chair. Vietnam war was on. My father and I good faith, but we have a plan that The PRESIDING OFFICER. The Sen- had a strong disagreement about says let us help move jobs overseas, let ator from Wisconsin. whether the Democratic President, us help move American jobs out of Mr. FEINGOLD. Mr. President, first President Johnson, was doing the right America. And we are upset that the of all, I would like to thank the Sen- thing in Vietnam, and I said some President vetoed that? ator from North Dakota for his re- things that were intemperate about the See, I mean, the Senator from Utah, marks. I think they very correctly set President. My dad said to me, ‘‘Re- who I have indicated is a thoughtful the tone, the tone that should have member, at any one time you only legislator, I think, said it right. This is been established out here this evening, have one President.’’ And I have al- not a case where one side is all right not the tone that we were treated to ways remembered that as a basic state- and the other side is all wrong. I would earlier in the evening. ment about the responsibility of every like to get to the point where we could These remarks are not directed at American, and especially the Members recognize there are good ideas on both the Chair. In fact, the Chair, the Sen- of this body, about the personal way in sides of the political aisle. Let us try ator from Utah, I thought very politely which you refer to the President of the to collect the best of both rather than and effectively made an analogy to a United States. get the worst of each. musical, ‘‘Annie,’’ and brought the de- The comments that he cannot keep a Again, I think all of these things we bate back to an exchange of respect in promise, and the other references seem will debate in the coming days again. an attempt to point out the differences to me undignified for this great body. But my hope is that reasonable people we have. What I heard earlier on the In fact, I find it particularly odd that can decide that we ought not shut floor was just rank partisanship. It was he would be criticized for not keeping a down the Government tonight. Why very extreme. It was very harsh. It was promise when in fact the very issues should we make the American people very personal toward the President of now that he is being asked to com- pay the price? And that is who will pay the United States. promise on require him to move away the price of the shutdown—furloughed When it comes to voting, I think peo- from positions he has taken. workers will get paid though they will ple should do whatever they can to The Senator from Pennsylvania said not work—the American people will vote their principles, as a rule. Of that the President promised a tax cut, pay the price of failure here in Con- course, there is such a thing as party middle-class tax cut, but he broke his gress. loyalty, but you should vote your prin- promise. In fact, what the majority So there is no reason that there ciples as much as possible. I think the party is asking for is not simply a mid- ought to be a shutdown of the Govern- thing that frustrates the American dle-class tax cut, but a tax cut that is ment tonight. Those who think they people more than any issue is their be- heavily skewed toward not the middle want to let this Government shut down lief that this institution is just loaded class, but toward upper income people. do no service to the American people, with partisanship. So, in effect, he is being criticized for in my judgment. And I would say to You know what I tell them, Mr. not keeping his promises and at the the majority leader and the minority President? I tell them that actually same time being told to break that leader and everyone involved in this— the U.S. Senate is not as partisan as it promise and spend the money even and I have been one of the negotiators looks on television, that the inter- more so on folks who make more. for 21⁄2 weeks—we have not, frankly, personal exchanges when the TV cam- The fact is that this President is a negotiated very much because people eras are not on are really very civil, doer. You may not like everything he did not want to sit down and go most of the time, and that they would is trying to do; he may change his through this. be proud of it. mind sometimes and try one thing and We should. It is time, I say to all of But I think we went over that line then try another, but he is not a do them, it is time right now. Start on tonight, and it troubles me because re- nothing. He is a doer. And the people in December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18727 my State are pretty positive toward ance the budget, which many of the ‘‘I’m sorry, I can’t stick with you on him because they think more than any- Senators who spoke on the floor to- this anymore. We need our party dis- thing else he is trying to solve the night would suggest is the real issue cipline.’’ problems of this country. So let me put here. The party discipline of the majority a word in of respect and admiration for The Senator from Pennsylvania said party here requires that this tax cut be that President who I have been forced, this party, the Democratic Party, does delivered now, even though it flies di- out of principle, to disagree with in the not care about future generations. rectly in the face of the presumably last 2 weeks. Does anyone believe that this tax cut principal goal of both parties, which is I do think some of the points that is going to future generations? They balancing the budget. the Members of the other party made talk about the $500 per family per kid So, Mr. President, the fact is, we can tonight about whether we should use tax cut. Obviously, as the Senator from have a balanced budget by the year 2002 Office of Management and Budget or North Dakota pointed out, it does not without a great deal of difficulty. We CBO numbers are important issues. But even go to all the families. can have it today, Mr. President, not those can be resolved. I think the This is not going into some kid’s tomorrow, as the song from ‘‘Annie’’ American people should know tonight bank account. This is not going into a suggests. what the real roadblock is here on this trust fund for their education. I hope We can have a balanced budget by budget. There is a real roadblock. And the kids back home know that some the year 2002 without going to the ex- if we are going to have a Government people are trying to suggest that they tent of a $270 billion Medicare cut. shutdown in less than 4 hours, there is are going to get that $500 and they get We can have a balanced budget by a reason why the Government will shut to spend it or their children get to the year 2002 without $170 billion in down. It is the same reason why we had spend it. It is not for that. The parents Medicaid cuts. the first shutdown. It is the reason we can take it and spend it on important We can have a balanced budget by are going to have this shutdown. It is family needs, but, if they want, they the year 2002 without $10 billion taken because there is one priority of the ma- could go spend it at the casino. This out of student loans. jority party here over everything else, debate isn’t about money going to the We can have a balanced budget by one thing that is more important to kids and the grandchildren. It is about the year 2002 without $8 billion taken them than anything else. It is what the a tax cut. Of course, we all would like out of veterans programs, including Speaker of the other House has called to be able to vote for a tax cut. Every- health programs. the crown jewel of the Republican con- one would like to have a tax cut. If the Mr. President, we can have a bal- tract. money was not needed here to balance anced budget on or before the year 2002 Now, you may think, given all the the budget, it would be a great idea, without shutting down the Government rhetoric of the last few weeks, that but it is not. in a few hours. We can have a balanced crown jewel of the Republican contract What it really is is an obsession. The budget without this acrimony. We can would have been balancing the budget. majority party here has an obsession have a balanced budget without this But it is not. That is not the crown with wanting a tax cut at a time when partisanship, but it requires the elimi- jewel of the Republican contract. Guess it obviously makes absolutely no sense. nation of this obsession with delivering again. You may think it was passing Just before Christmas, it reminds me a tax cut at the same time that you are the balanced budget amendment to the a little bit of the way they used to do trying to move right in the opposite di- Constitution. That is not what has things in the State to the south of us rection and when those dollars are been referred to as the crown jewel of in Chicago. It used to be tradition to needed to balance the budget. the Republican contract. hand out a turkey to everybody in the I have the good fortune of having a Maybe you would have thought it wards, to make sure everybody got a few more words from the song I quoted. was the flag burning amendment. little something around Christmastime The words, I am told, are: Given the rhetoric this week on the to remember who was running the When I’m stuck with a day that’s gray and floor of the Senate about that, you show. lonely, I just stick out my chin and grin and would have thought that would be what How in the world can handing out a say, The Sun will come out tomorrow, bet had been identified as the crown jewel tax cut at this difficult time when we your bottom dollar. of the Republican contract. But it was are talking about Medicare cuts and That is the question. What will we do not. Medicaid cuts and student loan cuts with our bottom dollar? Will the bot- How about the line-item veto? If I and veterans cuts and agriculture cuts, tom dollar be used to balance the budg- had to pick something that was really how can it be a priority to hand out tax et, or will that same dollar be used to popular out there in the 1994 elections, cuts, 50 percent of which go to people give a tax cut to upper-income people? and I think was, in fact, one of the is- who make over $100,000 a year? That is the choice before us, and until sues that drove the Republican victory, How do we get to this point? It has the people on both sides drop the tax it was the desire to give the President taken about a year. The election was cut, we cannot use that bottom dollar the line-item veto. held a year ago November 8. The Con- to achieve what I believe is the shared That cannot be the crown jewel, and tract With America called for this tax goal here: Balancing the budget by the I will tell you why. Because the House cut. But I believe that the top priority year 2002. passed the line-item veto in February had to be, given the mood of the elec- Let me conclude, Mr. President, by and we passed it in March in the Sen- torate and the rhetoric on the floor saying that we can also have a bal- ate and guess what, the Republican during the balanced budget debate, anced budget without such rancor and leadership of this institution has not that we have to balance the budget without such disrespect for the Chief seen fit to resolve the differences and first before we have a tax cut. But that Executive of this country. send it down to the President. They are is just the opposite of what is being I yield the floor. just sitting on it. This President could proposed here. This tax cut would go Mr. GRAMS addressed the Chair. have that line-item veto today and be into effect right away, right as the 7- The PRESIDING OFFICER. The Sen- vetoing stuff that he does not believe year plan would begin. ator from Minnesota. in. But that, obviously, is not the I have tried, I was the first Member Mr. GRAMS. Mr. President, I know crown jewel of the Republican con- of the entire U.S. Congress, almost a we can be sitting here and listening tract. year ago today, to come out and say we and what we are going to hear, I am The crown jewel is a tax cut. The just cannot afford this tax cut. And afraid, starting tonight, which we al- crown jewel is a $245 billion—I guess it there are many other Members on the ready heard and probably will for the is now down to $242 billion—tax cut, 50 other side of the aisle who have told next couple of days, is a lot of excuses, percent of which would go to people me personally they do not believe we excuses of why this Government is who make over $100,000 a year. That is can afford the tax cut. In fact, at one going to shut down, as I know Senators the most important priority. Of course, point, one of them was cosponsoring an before me have pointed out, at mid- it is completely and directly inconsist- amendment with me to eliminate the night tonight. Why is this going to ent with the priority of trying to bal- tax cut. He came over to me and said, happen? S 18728 CONGRESSIONAL RECORD — SENATE December 15, 1995 The basic reason, and what we keep the next 7 years is not enough. They ernment takes 26 percent. So, now, for hearing is people just want to change want that other 1.5 percent from you. every $4 you make, you send $1 to the focus, change the direction, put the They want that other $245 billion so Washington. And Social Security has blame somewhere else, excuse after ex- they can spend it. They do not want to risen to over 15 percent of your in- cuse of why we cannot reach a balanced save it. They want to spend it. CBO re- come—not a half percent, but 15 per- budget. vised their numbers, updating their cent. For your children, it is going to The fact of the matter is, the Presi- forecast. They say, ‘‘We believe there be 20, 25, and 30 percent, if we do not dent has not come to the table with a will be another $135 billion.’’ What is stop this growth. balanced budget. And in fact, the the first fiscal responsibility that we So when they are saying, ‘‘This is not Democratic Party has not come to the hear? Spend it. Spend it. fair, these are not American values,’’ I table with a balanced budget scored by The last 3 years of our balanced would like to know whose values they CBO to balance in 7 years. budget plan calls for deficits totaling are talking about. They are not talking The President’s budgets have been on $131 billion. If they are really serious, about my values or my fairness be- the floor of this Senate debated twice— why don’t we take that whole $135 bil- cause I am looking at those names and Clinton I, Clinton II. It is too bad we lion in new spending and put it directly those faces of the hard-working tax- have to start putting numbers to this. against the deficit? We can balance payers of Minnesota, their children and Clinton I, Clinton II have been offered this budget in 5 years, not 7, but 5 their grandchildren, and I am saying I on the floor. Not one Democrat voted years, if we want to do that. But I have am not going to spend their inherit- for it. In fact, it was zero in favor, 99 not heard anybody say that. ance into the ground so people here in against. They are saying: Let us spend it. On Washington can pound their chest and The budget that was delivered again top of the $245 billion, now the Presi- say: ‘‘Well, I am compassionate, I have today that was supposed to be the lat- dent wants to, again, and the Demo- taken care of the problem. I have taken est good-faith effort by this adminis- cratic leadership wants to, again, take your money. Pat me on the back. Let tration, called Clinton III, is about the away from American taxpayers the $135 us send out some franked mail to our same as what we saw in Clinton I and billion on top of that and spend that as constituents and say, look what we did II, and yet I still cannot, for the life of well. for you, look at how good we are for me, figure out how we can have Sen- That sends a very clear message: Tax you. By the way, when you look at ators stand on the floor tonight and de- and spend. Tax and spend. That has your check stubs and fill out your fend the budget that they have failed been the Democratic philosophy for the taxes next April, blame it on the Re- two times previously to even take a last 40 years, which has equated into a publicans. vote for. $5 trillion deficit. They talk about Well, everybody wants to focus on Now, they talked about $245 billion in being worried about children. We want the tax cut—that $245 billion. Let us tax cuts. Somehow Americans do not to provide for our children. They have focus on the tax cut. Boy, I will tell deserve to keep some of their own names and they have faces. We need to you, if there were two lines back in my money—money that they get up early provide. But how do we provide? By State and one says, ‘‘Line up here to in the morning to earn. If you are in robbing the piggy banks of those same pay $2,000 in Federal taxes, or here to my home State of Minnesota, you get children with those names and faces, so pay $1,000 in Federal taxes,’’ I do not up when it is 21 below zero, get out in we can spend that money today on pro- think there is going to be a very big de- the cold car and drive to your job, 7 grams that we think are important? cision made. I do not think anybody days a week, 5 days a week, 6 days a If our children had the right to vote would be at the $2,000 window. week, and you make $300, $400, and the on this floor—if my four grandchildren We all want good Government and Government wants more of it. And could stand on this floor and vote on good services, but it does not come at somehow, Senators sitting in a warm something that says we are going to any cost. There has to be some fiscal Chamber here in Washington, DC, encumber your life to the tune of $5.5 responsibility for the dollars that this somehow do not believe they should be trillion, how many votes do you think Congress takes in and the dollars that able to keep it. they would give us? None. None. this Congress spends. That is where the It was not very hard for these same I am glad to hear some of the Demo- focus should be, not on the puny, little Senators, in 1993, to vote to increase crats tonight say they are willing to tax cut of $245 billion over 7 years, your taxes by $265 billion—the largest share the blame for the shutdown of when we are spending over $12.5 tril- tax increase in history. That was easy the Government tonight at midnight. lion. They say that we better take that for them because they are compas- They are willing to share the blame. extra 1 percent because you are too sionate with your money—not theirs, They better have bigger shoulders than dumb to spend it. Oh, I heard we are your money, the money you get up that, and they better be able to point going to spend it at casinos if we give every day and work hard for and want to the very person that that blame it to the parents. There is no such to provide for your children, your fam- should be on, and that is the President thing as a savings account, education, ily. But, somehow, they have first dibs, himself. We hear talk about being par- food, clothing, maybe a movie or a first claim on the money, somehow, tisan, about personal attacks against pizza; no, that is not in the realm of a that you are out working for. What the President, and that we should have smart parent. Oh, your children are not they want to do is bring it to Washing- more kindness on the floor. going to get that money; it is going to ton so they can be compassionate and Well, Mr. President, I am not here to go to the parents and it will go to the somehow give it back to you—$245 bil- be polite. I am here tonight trying to casinos. Well, that is rhetoric, rhetoric, lion. Then they say, well, if we do not fight for the taxpayers of Minnesota rhetoric. give you this tax cut, we can balance and this country that sent me here. Let us focus on the spending. How are this budget in 7 years without the pain. They say, ‘‘We want to be polite and we spending these dollars? Where are I would like to ask taxpayers to look compassionate, as we have for 40 years, they going? There are two big things. at it in this light: If we do not provide so let us raise taxes.’’ That has always Tax cuts is one thing they focus on, the $245 billion in tax reduction over been the easy answer. and the other is Medicare. As the Sen- the next 7 years, where is that money Let us just look at it. In 1950, 2 per- ator from Pennsylvania was saying, going to go? I have not heard one per- cent of your income went to the Fed- they want to pick on the most vulner- son on the floor say that if we do not eral Government for taxes. So for every able and scare them and scare them. provide this tax cut, we will balance $50 you made, $1 went to Washington. The fact of the matter is that we are the budget faster. It will still be 7 It seemed to meet the needs. We were very close to what the President has years. In that respect, what are they taking care of this country. We paid even proposed. When you look back at saying? They are saying Congress can the debts. In fact, we paid for World what Mrs. Clinton said in testimony spend that $245 billion wiser than you War I and World War II. For Social Se- before one of the committees in Con- can. curity, they used to take one-half of 1 gress, she said that we should hold In other words, the $12.4 trillion that percent of your incomes. That is what Medicare spending to between 6 and 7 Congress is going to get its hands on in it used to be. Today, the Federal Gov- percent in order to get a handle on the December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18729 growth. That does not mean we are not for it for 3 years because I thought it I just say to my colleagues, I do not going to provide the services that we was important that families were able anticipate votes, but if votes should need. It is not going to mean Grandma to keep more of the money they made. occur we will try to work out a way to is going to be out of her wheelchair and Families out there expect this. Repub- give ample notice. It is pretty hard if out in the street. But she said between licans better remember it and the you are on the west coast or some- 6 and 7 percent. Our plan calls for a 7.2- Democrats should remember it because where in the western part of the United percent growth—from $4,800 this year I think this is going to be one of the States to get back very quickly. We to nearly $7,200 in 7 years. They know telling tales in the election of 1996. will try to figure out some way not to it. They have been written up in the I will wrap up quickly. I see the lead- disadvantage anyone. newspapers for demagoging Medicare. er on the floor. Americans know why Let me say before I conclude, I will They have no shame. They continue to they voted for Republicans in 1994. Why ask Senator BOXER have whatever time come and talk about it. Then they say are there 11 freshman Republicans in she may need when I finish. we have to be polite and we cannot be the Senate and not 1 Democrat? I think Are we in morning business? partisan. it is pretty clear. There was a clear The PRESIDING OFFICER. The Sen- Personal attacks. I am not attacking message. Not one Republican freshman ate is considering the motion to pro- individuals, I am attacking policy. lost his seat in the House. It was pretty ceed to the appropriations. clear what Americans wanted. If they This is not the right policy. Fairness, f American values. How do you take listened to the Republican plan, the more from our hard-working people Contract With America—you might not MORNING BUSINESS and say you have to send more to agree with everything in the contract— Mr. DOLE. Mr. President, I ask there I think the majority of people in this Washington because we need this, we now be a period for the transaction of country agree with the majority of the have to have more money here? routine morning business with Sen- The fact again is that the President contract, and at least it is moving this ators not to exceed 10 minutes each. country away from a bigger, faster does not have a plan. The Democrats The PRESIDING OFFICER. Without growing, bloated, inefficient, money- do not have a plan. We have had a bal- objection, it is so ordered. wasting Government, to try to stream- anced budget on the table for months. f line it to make it more effective, more The President signed a pledge that said cost friendly for taxpayers, and to pro- TRIBUTE TO ANDREW CHASE before the end of this year he would vide the better services, to provide the put a balanced budget on the table for Mr. DOLE. Mr. President, I know all Medicare, to provide the welfare, to Senators join with me in paying trib- 7 years scored by CBO numbers. We provide Medicaid, Head Start, and hate to get into calling people liars, ute to Andrew Chase, who will soon be other programs to the kids that need retiring from the Senate. but when we do not see the information it, but to also ensure that those pro- here, I will let people draw their own Andrew began his Senate career July grams are going to be here tomorrow 28, 1975, as an employee of the Sergeant conclusions of whether that pledge has and the next day, and the next year been lived up to. at Arms’ custodial service operation. and the next year. In 1981, Andrew was promoted to assist- The Republican budget proposal that If we are going to spend their money ant supervisor of Custodial Services was put on the table today was dif- today, if you think we are facing tough and served in that position until 1988, ferent. It was a movement in the other budget battles today, if we do not face when he accepted the position of night direction. It was trying to find some this problem today, by the year 2000 shift foreman for the environmental common ground here. How do you find this is going to be an animal that we service operation. common ground when you are shadow will not want to grab the tail of be- Now, after more than 20 years of boxing, when somebody will not come cause it is getting away from us now service to the Senate, Andrew is retir- to the table and honestly put on a and we do not have much time to get it ing to spend time with his wife, Bren- budget? fixed. If we spend more money and in- da, and his remarkable family—14 chil- Then they talk about no personal at- crease the size of this Government, it dren, 25 grandchildren, and 3 great tacks. I do not know if people in the will make that problem harder and grandchildren. gallery or people at home had a chance harder to control. I yield the floor. to watch the news tonight, but the Andrew is also very involved in his f President did not take off his gloves community of Brandywine, MD, serv- when he came after the Republicans ORDER OF PROCEDURE ing as president of the usher board at and spewed more of this rhetoric. I can- Mr. DOLE. Mr. President, I thank the the Asbury United Methodist Church, not understand for the life of me how Senator from Minnesota for his state- and as a volunteer with the Kidney people can stand on the floor here and ment. Let me indicate that we will be Foundation, where he visits and edu- defend this type of action. in session tomorrow by 11 o’clock. I do cates dialysis patients on kidney trans- Talk about defense—defense is de- not believe there will be any votes to- plants. clining in actual dollars 20 percent over morrow, but I am not certain. I cannot On behalf of the Senate, I extend our the next 7 years. It is not going up. promise anyone. We will have meetings thanks to Andrew Chase, and our best Medicare is going up 53 percent; de- tomorrow morning on welfare reform wishes for a long and happy retire- fense is going down 20 percent. Yet, on the conference report. There will be ment. they hang on to this as using this as a meeting tomorrow morning on the f some kind of example. D.C. appropriations bill. There will be Then we have some Senator saying 80 TRIBUTE TO DARNELL CLARENCE debate tomorrow on the Labor-HHS ap- JACOBS, SR. percent of the tax cuts are going to the propriations bill, and we will again wealthiest in the country. Then they hopefully maybe get consent tomorrow Mr. DOLE. Mr. President, I rise have others that say 50 percent is going to move to take that bill up. If that is today to pay tribute to Darnell Clar- to the wealthiest. When you pull num- the case, we could be considering ence Jacobs, Sr., who will soon retire bers out of the air and make up sto- amendments that might bring about from the Senate after nearly 30 years ries—maybe they should go back and some votes. of outstanding service. get the stories straight. The fact is, 80 We will probably have to be in ses- ‘‘Jake,’’ as he is known to his family percent of the tax reduction in this sion late Sunday afternoon in the and friends, began his Senate career in package goes to families that make event there should be a CR come over March 1966, as an employee of the Ser- less than $100,000—not $100,000 tax cred- from the House. That may or may not geant at Arms’ custodial service oper- it for someone making $350,000. It happen. It depends on whether we get ation. sounds good. It is rhetoric. It might get back into serious discussions on the In 1981, Jake was promoted to super- headlines, but it is not fact. Rhetoric, balanced budget. If that happens, I as- visor of custodial services, and served half-truths, distortions. sume the House would send us a 1- or 2- in that position until 1988, when he ac- I have been the author of the $500- day continuing resolution. That would cepted a position working in the Sen- per-child tax credit and I have worked take us through Monday or Tuesday. ate Chambers. S 18730 CONGRESSIONAL RECORD — SENATE December 15, 1995 Jake has been a dedicated and valu- only small fractions of total government ex- consistent in all countries, in all decades and able member of the Senate family, and penditures on immigrants and natives. centuries. we wish him well as he retires to spend Schooling costs and payments to the elderly Taken altogether, immigrants on average have perhaps a year less education than na- more time with his family—his wife are the bulk of government expenditures; na- tives use more of these programs, especially tives—much the same relationship as has Jacqueline, and his three sons, Jeman, Social Security and Medicare. been observed back to the 19th century. Derrick, and Darnell, Jr. The educational levels of immigrants have The average education of new immigrants I know all Members of the Senate been increasing from decade to decade. No has been increasing with each successive co- join me in thanking Jake for his serv- major shifts in educational levels of immi- hort. The proportion of adult immigrants ice, and in wishing him many more grants relative to natives are apparent. with 8 or fewer years of education has been trending downward, and the proportion of years of health and happiness. Natural resources and the environment are not at risk from immigration. As population adult immigrants with 16 or more years of f size and average income have increased in education has been trending upward. the United States, the supplies of natural re- The proportion of adult new immigrants NEW STUDY SUPPORTS LEGAL sources and the cleanliness of the environ- with eight or fewer years of education is IMMIGRATION ment have improved rather that deterio- much higher than the proportion of adult na- rated. Immigration increases the base of tives. Mr. KENNEDY. Mr. President, ear- The proportion of immigrants with bach- technical knowledge. That speeds the cur- lier this week, a new study was re- elor’s or postgraduate degrees is higher than rent positive trends in both greater avail- leased which highlights the many bene- the proportion of the native labor force. ability of natural resources and cleaner air Immigrants have increased markedly as a fits that immigrants bring to the Unit- and water. ed States, It is vitally important that proportion of members of the scientific and 1. SUMMARY OF IMPORTANT FACTS ABOUT we be aware of the contributions of im- engineering labor force (especially at the IMMIGRATION highest level of education). Immigrants also migrants to the American economy, to These are the most important demographic have increased rapidly as proportions of the American families, and to American and economic facts pertaining to policy deci- pools of U.S. scientists and engineers. Sci- communities as we debate the very dif- sions about the numbers of immigrants that entific professionals are especially valuable ficult issue of immigration reform. will be admitted by law into the United for promoting the increased productivity and The study was published by the Na- States: growth of the economy. Immigrants, even those from countries tional Immigration Forum and the The Quantities of Immigration Cato Institute with support from a that are much poorer and have lower average The total number of immigrants per year life expectancies than the United States, are wide array of business, civil rights, (including illegal immigrants and refugees) healthier than U.S. natives of the same age Hispanic, and religious organizations. now adays is somewhat less than it was in and sex. New immigrants have better records It was conducted by Prof. Julian Simon the peak years at the beginning of the 20th with respect to infant mortality and health of the University of Maryland, who has century when U.S. population was less than than do U.S. natives and immigrants who published a number of works or immi- half as large as it now is. have been in the United States longer. The rate of immigration relative to popu- gration over the years. New immigrants are unusually mobile geo- lation size now is low rather than high. Im- graphically and occupationally, in large part This study joins the impressive group migration as a proportion of population is because of their youth. Such mobility in- of other important studies which dem- about a third of what it was in the peak creases the flexibility of the economy and onstrate that legal immigration is not years. mitigates tight labor markets. a source of major problems for our The foreign-born population of the United First-and second-generation immigrant country. In fact, it brings significant States is 8.5 percent of the total population children do unusually well in school. They benefits to the Nation. (as of 1990). The proportions in the United win an astonishingly high proportion of I ask unanimous consent that the ex- States during the period from before 1850 to scholastic prizes. 1940 were higher—always above 13 percent The Effects of Immigrants in the Labor Market ecutive summary of the study and its during the entire period from 1860 to 1930— opening chapter be printed in the Immigrants do not cause native unemploy- and the proportions since the 1940s were ment, even among low-paid or minority RECORD, along with an article about lower. The present proportion—8.5 percent— groups. A spate of respected recent studies, the study which appeared in the Los also may be compared to the 1990s’ propor- using a variety of methods, agrees that Angeles Times. tions of 22.7 percent in Australia; 16 percent ‘‘there is no empirical evidence documenting There being no objection, the mate- in Canada; 6.3 percent in France; 7.3 percent that the displacement effect [of natives from rial was ordered to be printed in the in Germany; 3.9 percent in Great Britain; and jobs] is numerically important’’ (Borjas 1990, 5.7 percent in Sweden. RECORD, as follows: 92). The explanation is that new entrants not Though the volume of illegal immigration only take jobs, they make jobs. The jobs IMMIGRATION: THE DEMOGRAPHIC AND is inherently difficult to estimate, a solid ECONOMIC FACTS they create with their purchasing power, and body of research, using a variety of inge- with the new businesses which they start, (By Julian L. Simon) nious methods, has now arrived at a consen- are at least as numerous as the jobs which EXECUTIVE SUMMARY sus: the number of illegals in the United immigrants fill. States is perhaps 3.2 million, pushed down- The following facts emerge from the data Re wage effects, one recent summary con- ward by the amnesty of 1987–1988, not very and material examined in this volume: cludes, ‘‘Immigration has no discernible ef- different from a decade before. Many of these The rate of U.S. immigration in the 1990s is fect on wages overall. . . . Wage growth and persons are transitory. The million-plus per- about one-third the rate of immigration at decline appear to be unrelated to immigra- sons who registered for the amnesty verify the beginning of the century. The total num- tion—a finding that holds for both unskilled that the total was and is nowhere near the ber of immigrants—including illegals—is and skilled workers’’ (Fix and Passel 1994, estimates that often have been given in pub- about the same as or less than the number 48). My interpretation of the literature is lic discussion. then, though the country’s population has slightly different: a minor negative effect. The rate of illegal immigration is agreed more than doubled. Welfare Use and Taxes Paid by all experts to be about 250,000 to 300,000 The foreign-born population of the United per year. Immigrants who enter legally through reg- States is 8.5 percent of the total population, More than half of illegal aliens enter le- ular quotas are not permitted to receive pub- which is significantly lower than the propor- gally and overstay their visas and permits. lic assistance for three years, and they may tion—13 percent of higher—during the period ‘‘Less than half of illegal immigrants cross be deported if they obtain such assistance from 1860 to 1930. the nation’s borders clandestinely. The ma- (though few are). Refugees, however, are en- Immigrants do not increase the rate of un- jority enter legally and overstay their visas’’ titled to such assistance immediately upon employment among native Americans, even (Fix and Passel 1994, 4). entry, which (together with their needy cir- among minority, female, and low-skill work- cumstances) accounts for their high rate of ers. The effect of immigration on wages is The Economic Characteristics of Immigrants welfare use soon after arrival. negative for some of these special groups and New immigrants are more concentrated Re the use by immigrants of welfare serv- positive for others, but the overall effects than are natives in the youthful labor-force ices including food stamps, Aid to Families are small. ages when people contribute more to the with Dependent Children (AFDC), Supple- Total per capita government expenditures public coffer than they draw from it; natives mental Security Income (SSI), and Medicaid: on immigrants are much lower than those are more concentrated in the childhood and these expenditures are the tail that wags the for natives, no matter how immigrants are elderly periods of economic dependence when dog in policy discussions. Expenditures classified. Narrowly defined welfare expendi- the net flows are from the public to the indi- called ‘‘welfare’’ now comprise about $404 per tures for immigrants are slightly more than vidual. Of all the facts about immigration person annually for immigrants and about for natives, but this has been true in the relevant to its economic effects, this is the $260 for natives. Total government social past, too. These welfare expenditures are most important, and the one which is most outlays are roughly $3,800 for natives. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18731 Because of the public interest in the set of the picture was the same or different in ear- wrestling with major immigration bills and welfare services that includes food stamps, lier decades.) These data on recent legal im- public opinion is increasingly negative on AFDC, SSI, and Medicaid, the data on this migrants are the relevant data for policy- immigration issues. cluster of welfare programs are presented making in legal immigration. Legislation is progressing in both houses of here, but only for completeness. By them- As of the 1970s, immigrants contributed Congress to clamp down on illegal immigra- selves they do not provide the basis for any more to the public coffers in taxes than they tion and—to the dismay of many immigra- conclusions about overall transfer-payment drew out in welfare services. The most re- tion advocates—restrict entry of legal immi- receipt by various cohorts of immigrants and cent available data (for 1975) show that each grants as well. natives, because these calculations do not in- year, an average immigrant family put about The issue has split Republicans, some of clude most payments to the native elderly. $2,500 (1995 dollars) into the pockets of na- whom see the free flow of legal immigrants Foreign-born persons taken altogether tives from this excess of taxes over public as an economic boon to the country. Immi- have perhaps a 10 to 20 percent higher prob- costs. grant-rights groups say the political activ- ability of obtaining these welfare services The possible changes over time in earnings ism to stem illegal immigration has unfairly than do natives. They average perhaps 30 in the various immigrant cohorts cast some led to the limitations on legal immigrants. percent higher average receipts per capita doubt on the present-value calculation for But groups pushing for stronger restric- than do natives. earlier years concluding that immigrants tions on immigration branded the report, au- There may have been a small increase in make net contributions to the public coffers; thored by University of Maryland professor the use of these programs from pre-1970 to a different sort of calculation may be needed Julian L. Simon, as biased. post 1970 entrants and from immigrants ar- for which data are not available. ‘‘Julian Simon is not a liar,’’ said Dan riving between 1970 and 1986 to those enter- Illegal aliens contribute about as much to Stein, executive director of the Federation ing between 1987 and 1990, but the evidence is the public coffers in taxes as they receive in for American Immigration Reform, ‘‘but he mixed. benefits. New data suggest that the undocu- gets as close as anyone can be to one. He is If refugees are excluded from the assess- mented pay about 46 percent as much in intentionally deceptive, manipulative and ment, and only nonrefugees are considered, taxes as do natives, but use about 45 percent grossly in error.’’ Signifying the sensitivity the rate of welfare use for new immigrants as much in services. of the issue, more than 20 interest groups who entered between 1980 and 1990 is consid- Immigrants, the Environment, and Natural Re- and think thanks have signed on to the re- erably below the rate for natives ages 15 and sources port, and they span the political spectrum— above. from the immigrant-rights group, the Na- Among foreign-born persons 65 years of age Natural resources and the environment are tional Council of La Raza, to the Progress or more, a greater (and growing) proportion not at risk from immigration; rather, in the and Freedom Foundation, an organization receive welfare (mainly SSI) than among na- long run, resources increase and the environ- closely associated with House Speaker Newt tives. This is due to the arrival of many im- ment improves due to immigration. The Gingrich. migrants too late to accumulate enough long-term trends show that U.S. air and House Majority Leader Dick Armey, a work time to earn Social Security benefits; water are getting cleaner rather than dirtier, strong supporter of legal immigration, is the welfare is a substitute for Social Secu- and world supplies of natural resources are scheduled to address the Capitol press con- rity. becoming more available rather than ex- ference where the report is to be released Social Security and Medicare are by far hausted. Immigration increases the tech- today. the most expensive transfer payments made nical knowledge that speeds these benign Among the report’s most controversial by the government. These payments go al- trends. findings is Simon’s conclusion that govern- most completely to natives. This is because Public Opinion about Immigrants and Immigra- ment expenditures are lower for immigrants immigrants typically arrive when they are tion than for native-born Americans. young and healthy, and also because older The most recent polls of U.S. residents’ According to the report, the average immi- recent immigrants do not qualify for Social opinions show that most persons want less grant family receive $1,404 in welfare serv- Security for many years after their arrival. immigration. This is consistent with the ices in its first five years in the country. Social Security and Medicare are by far consensus of all polls since the first such sur- Nativeborn families averaged $2,279, Simon the most expensive transfer payments by the veys in the 1940s. There does not seem to be writes. The report makes these other points: government. The cost of supporting elderly a long-run trend in public opinion opposing ∑ The number of illegal immigrants in the natives is vastly greater than for immi- immigration. United States—estimated at 3.2 million—is grants. This is because immigrants typically A poll of the most respected economists not very different from a decade before. arrive when they are young and healthy, and found a consensus that both legal and illegal ∑ More than half of illegal immigrants the appropriate life-time analysis shows that immigrants are beneficial economically. enter legally and overstay their visas; less this provides a large windfall to the national No data are presented in this pamphlet than half enter clandestinely. treasury. (Current data alone also show a concerning racial or ethnic composition or ∑ New immigrants are more concentrated similar effect because of the contemporary the country of origin of immigrants because than native-born citizens in the youthful age distribution of the immigrant popu- these characteristics are not relevant for labor force ages when people contribute lation). Also, older recent immigrants do not any policy decisions that are related to the more to the public coffers than they draw qualify for Social Security for many years economic consequences of immigration. out. after arrival. ∑ Immigrants on average have a year less As of the 1970s, immigrant families in all [From the Los Angeles Times, Dec. 11, 1995] education than natives—about the same re- cohorts within several decades clearly paid lationship as has been observed back to the STUDY PAINTS A POSITIVE PICTURE OF more taxes on average than native families. 19th century. IMMIGRATION However, the mean earnings of all new immi- Such optimistic findings collide with the grant men were smaller relative to adult na- COSTS: BOTH LEGAL AND ILLEGAL IMMIGRANTS views of other researchers. tives 25 to 64 in the 1980s than in the previous USE FEWER GOVERNMENT RESOURCES THAN ‘‘His numbers are conventional and decade. The mean earnings of immigrant NATIVE-BORN CITIZENS, REPORT SAYS. unremarkable,’’ said Mark Krikorian of the men who entered in the 1970s were smaller (By James Bornemeier) Center for Immigration Studies in Washing- relative to adult natives 25 to 64 in the 1980s WASHINGTON.—A new study on the effects ton. ‘‘The question is what sort of spin Ju- than the similar comparison for the previous of immigration finds that total per capita lian puts on them. He has his bias, and the decade. This continues a trend from men who government expenditures are much lower for bias has a very significant influence on the entered in the 1960s. This implies that the immigrants—legal and illegal—than for na- interpretation he has put on the facts.’’ size of tax contributions by recent cohorts of tive-born citizens. As an example, Simon says the number of immigrants relative to those of natives has The report also paints an upbeat picture of immigrant high school dropouts has been de- diminished in recent decades. immigrants’ educational achievements and clining. For example, Krikorian said, Simon When immigrants are subclassified by asserts that the nation’s natural resources reports that the number of immigrant high legal category of entrance, the picture is and environment are unaffected by the influx school dropouts has been declining. ‘‘But what he doesn’t mention,’’ said quite different from that for immigrants of immigrants. taken altogether. In an analysis of the 1990 ‘‘As of the 1970s, immigrants contributed Krikorian, ‘‘is the gap between the percent- census, where the average household income more to the public coffers in taxes than they age of American high school dropouts and (different from the earnings concept referred drew out in welfare services,’’ the report the percentage of immigrant high school to in the paragraph above) for natives was says. ‘‘The most recent data * * * show that dropouts is widening. It’s pretty obvious that $37,300, 1980–1990 immigrants from countries each year an average immigrant family puts the education gap in increasing. By not ad- from which most of the immigration is legal about $2,500 into the pockets of natives from dressing [that] he makes his document an received $34,800 (that is, 91 percent of na- this excess of taxes over public costs.’’ advocacy document.’’ tives’ household income), the average for The study, to be issued this morning in f those from countries sending mostly refu- Washington by the National Immigration STUDENT LOANS gees to the United States was $27,700, and for Forum, an immigration-advocacy group, and those from countries sending illegals $23,900. the Cato Institute, a conservative think Mr. COATS. Mr. President, I would (No information is now available on whether tank, comes at a time when Congress is like to clarify the remarks I made on S 18732 CONGRESSIONAL RECORD — SENATE December 15, 1995 the floor earlier today with respect to printed in the RECORD, together with a 2. Denial of disability benefits to drug addicts the size of the direct loan program. The letter from John D. Hawke, Under Sec- and alcoholics Federal Direct Student Loan Program retary of the Treasury. Present Law was originally authorized to admin- There being no objection, the mate- Individuals whose drug addition or alcohol- ister 5 percent of total loan volume as rial was ordered to be printed in the ism is a contributing factor material to their a demonstration program. In 1993–94, RECORD, as follows: disability may receive cash disability bene- fits under the Social Security Disability In- the first year of the Direct Lending DESCRIPTION OF PROPOSALS Program, the Department of Education surance (SSDI) program or the Supplemental 1. Increase to Social Security retirement earn- Security Income (SSI) program through a was authorized to administer 5 percent ings limitation representative payee for up to three years. of total loan volume. The Balanced Present Law These recipients must participate in an ap- Budget Act of 1995 imposes a 10-percent Senior citizens age 70 and older receive full proved treatment program when available, cap on direct loans, and ensures that Social Security benefits regardless of the and must allow their participation in a all schools who participated in the first amount of earnings they have from wages or treatment program to be monitored. Cash year of the program will continue to self employment. benefits (SSDI or SSI)) end after 36 months, serve as the demonstration group, Senior citizens age 65 to 69 receive full So- although medical benefits (Medicare or Med- thereby allowing a proper test to take cial Security benefits only if their wages or icaid) continue if an individual remains dis- place. self-employment income are lower than a re- abled by drug addiction or alcoholism. I would also like to be very clear tirement earnings limit. The earnings limit Reason for Change about the impact of the proposed 10- is increased annually based on the rate of av- The Committee is concerned that the cur- erage wage growth. The estimated limitation rent policy of paying cash Social Security percent cap: a 10-percent cap on direct amounts under present law for 1995 and the loans will in no way affect any stu- and SSI disability benefits to individuals following seven years are: whose sole severe disabling condition is drug dent’s ability to receive a student loan. Year Present Law addiction or alcoholism is false compassion The law requires that the eligibility re- 1995 ...... $11,280 and only helps those individuals sustain his/ quirements for both loan programs be 1996 ...... 11,520 her addiction. Treatment is needed instead. identical, and therefore a 10-percent 1997 ...... 11,880 The legislation diverts part of the savings to cap on direct loans will not limit any 1998 ...... 12,240 additional Federal funding to States for drug student’s ability to receive the loans 1999 ...... 12,270 and alcohol treatment, providing an incen- they need to attend college. The ad- 2000 ...... 13,200 tive for States to provide treatment to 2001 ...... 13,800 former recipients. ministration continues to try to fright- 2002 ...... 24,400 Proposed Change en students and their families by im- Senior citizens age 65 to 69 who earn more The proposal would end entitlement to plying that a cap on direct lending will than the limit for a year lose $1 in Social Se- SSDI and SSI disability benefits if drug ad- limit student loans, but this is simply curity benefits for every $3 in wages or self- diction or alcoholism is the contributing fac- not the case: a cap on direct lending employment income they earn over the limi- tor material to the individual’s disability. tation amount. only affects how the loans are deliv- Individuals with drug addiction and/or alco- ered—it does not affect loan access or Reason for Change holism who have another severe disabling availability. According to the Social Security Adminis- condition can qualify for benefits based on f tration, 925,000 beneficiaries between age 65 that disabling condition. and 69 lose some or all of their benefits as a If a person qualifying for disability bene- THE SENIOR CITIZENS’ FREEDOM result of the earnings limit. Given the com- fits based on another disability is also deter- TO WORK ACT OF 1995 bined effects of Federal, State and local in- mined to be an alcoholic or drug addict and Mr. ROTH. Mr. President, yesterday come taxes, Social Security payroll taxes, unable to manage their benefits, a represent- the Finance Committee reported out S. income taxes on benefits, and the earnings ative payee would be appointed to receive 1470 with technical changes. The com- limit, senior citizens who earn even mod- and handle the individual’s checks. In the erate amounts over the limit may realize case of any individual whose benefits are mittee will not file a written report. very little financial gain from their labor. paid through a representative payee, the For the benefit of my colleagues, the These rates are a disincentive to work and Commissioner of Social Security shall refer following is a synopsis of the bill’s pro- penalize retirees who often need to work out that individual to the appropriate State visions. of economic need. agency for substance abuse treatment serv- The Social Security retirement earn- Proposed Change ices approved under the Public Health Serv- ice Act Substance Abuse Prevention and ings limit for senior citizens age 65 to The retirement earnings limit for workers Treatment Block Grant. 69 is gradually increased from the 1995 age 65 to 69 is gradually raised to $30,000 by For each of fiscal years 1997 and 1998, $50 level of $11,280 to $30,000 by the year the year 2002 as follows; 2002. The cost of the retirement earn- million will be available to fund additional Year Proposed treatment programs and services through ings limit proposal is offset by the fol- 1996 ...... $14,000 Substance Abuse Prevention and Treatment lowing reforms: Drug addicts and alco- 1997 ...... 15,000 Block Grant. 1998 ...... 16,000 holics will no longer qualify for SSI Effective Date and SSDI disability benefits solely by 1999 ...... 17,000 2000 ...... 18,000 Generally, changes apply to benefits for reason of their addiction; and step- months beginning on or after the date of en- children will no longer qualify for So- 2001 ...... 25,000 2002 ...... 30,000 actment. However, an individual entitled to cial Security dependents’ benefits un- benefits before the month of enactment After 2002, the limitation amount will in- less their stepparent provides at least would continue to be eligible for benefits crease annually based on the rate of average until January 1, 1997. The Commissioner of 50 percent of the stepchild’s support; wage growth. Social Security must notify such individuals such benefits will terminate the month Senior citizens age 65 to 69 who have wages within three months of the date of enact- following the divorce. or self-employment income in excess of the ment. The Committee’s intent in providing A new revolving fund is created with- earnings limit continue to lose $1 in Social this partial grandfather is to allow current in the SSDI Trust Fund to provide a Security benefits for every $3 earned over beneficiaries to complete treatment and to stable source of funds for the Social Se- the limit. The substantial gainful activity (SGA) allow the Social Security Administration to curity Administration to conduct con- determine in an orderly fashion if such indi- tinuing disability reviews of SSDI re- amount used in determining whether an indi- vidual under age 65 is eligible for disability viduals are disabled by another condition. cipients. Those who wish to reapply for benefits benefits on the basis of blindness is not The legislation clarifies that the Sec- must do so within four months after the date changed. Therefore, it will no longer equal of enactment in order to qualify for priority retary of the Treasury and other Fed- the Social Security retirement earnings redetermination of eligibility. The Commis- eral officials are not authorized to limit for senior citizens age 65 to 69. The sioner must make these determinations underinvest and/or disinvest Social Se- SGA amount for blind individuals under age within one year after the date of enactment curity and Medicare funds in Federal 65 will continue at the present law amount for individuals who reapply. ($11,280 for 1995— and will continue to be securities or obligations in order to In addition, in the case of an individual wage-indexed in future years. avoid the limitations on the public with an alcoholism or drug addiction condi- debt. Effective Date tion who is entitled to Social Security or Mr. President, I ask unanimous con- The proposal, phased in gradually over 7 SSI disability benefits on the date of enact- sent that the synopsis of S. 1470 be years, would be effective beginning in 1996. ment, the representative payee and referral December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18733 to treatment requirement will apply on or Proposed Change Treasury and other Federal officials are re- after the first continuing disability review A revolving fund is established in the So- quired not to delay or otherwise underinvest occurring after enactment. cial Security Disability Insurance (SSDI) incoming receipts to the Social Security and 3. Entitlement of stepchildren to Social Security Trust Fund as a source of non-appropriated Medicare trust funds. They are also required dependent benefits administrative funds to finance Social Secu- not to sell, redeem or otherwise disinvest se- curities, obligations or other assets of these Present Law rity CDRs. At the start of each fiscal year, the revolving fund will be credited with an trust funds except when necessary to provide Generally a child, including a stepchild, amount equal to the estimated present value for the payment of benefits and administra- under age 18 (or under age 19 in the case of of savings to the SSDI and Medicare trust tive expenses of the cash benefit programs. an individual attending elementary or sec- funds achieved as a result of CDRs of bene- The Committee intends that these require- ondary school full-time) may be entitled to ficiaries conducted in the prior fiscal year— ments be carried out to the maximum extent receive Social Security benefits as the de- except for the first year, during which $300 possible under the statutory debt limit. The pendent child of a worker when the worker million will be credited. These amounts will legislation applies to the following trust retires, becomes disabled, or dies. be calculated by the Social Security Admin- funds: A stepchild is deemed dependent on a step- 1. Federal Old-Age and Survivors Insurance parent if he/she lives with the stepparent or istration’s Chief Actuary, with appropriate adjustments made annually in subsequent (OASI) Trust Fund; receives one-half of his/her support from the 2. Federal Disability Insurance (DI) Trust stepparent. Social Security dependent bene- years. Amounts credited to the revolving fund are available for all expenditures relat- Fund; fits continue to be paid to a stepchild after 3. Federal Hospital Insurance (HI) Trust the child’s natural parent and the stepparent ed to conducting CDRs by the Social Secu- rity Administration and appropriate State Fund; and divorce. Continuation of those benefits after 4. Federal Supplementary Medical Insur- divorce may reduce the amount available for agencies. In addition, the position of Chief Actuary ance (SMI) Trust Fund. payment to other children entitled to re- in the Social Security Administration is es- Effective Date ceive Social Security Dependent benefits tablished in law. based on the worker’s record. The proposal is effective upon date of en- Effective Date actment. Reason for Change The revolving fund is effective for fiscal BUDGET EFFECTS OF THE BILL Under current law children who are enti- years beginning after September 30, 1995, and tled on a worker’s record may be unneces- According to preliminary estimates of the sunsets September 30, 2005. sarily penalized by the entitlement of a step- Congressional Budget office, the legislation child who has other means of support. This 5. Protection of Social Security and Medicare will reduce mandatory spending by $200 mil- change would result in the payment of bene- trust funds lion over seven years (FY 1996–2002) and by fits only to stepchildren who are truly de- Present Law $2.7 billion over ten years (FY 1996–2005). pendent on the stepparent for their support, The various authorizing statutes of the MISCELLANEOUS and only as long as the natural parent and major Federal trust funds require that any Attached is a letter from John D. Hawke, stepparent are married. program income not needed to meet current Jr., Under Secretary of the Treasury for Do- Proposed Change expenditures be invested in interest-bearing mestic Finance, providing comments on the Social Security dependents’ benefits are obligations of the United States or in obliga- proposal to protect the Social Security and payable to a stepchild only when the step- tions guaranteed as to both principal and in- Medicare trust funds as originally intro- parent provides at least 50 percent of the terest by the United States. The vast major- duced. The legislation reported by the Com- stepchild’s support upon application for ben- ity of these securities are ‘‘special issue’’ mittee includes a modification of this pro- efits. A stepchild is eligible for survivors’ non-marketable obligations of the United posal to address these concerns. benefits upon the death of a stepparent if the States. Virtually the entire amount of secu- DEPARTMENT OF THE TREASURY, stepparent provided at least 50 percent of the rities held by the Federal trust funds is con- Washington, DC, December 15, 1995. stepchild’s support immediately preceding sidered Federal debt subject to the statutory Hon. WILLIAM V. ROTH, JR. death. debt limit. Chairman, Senate Finance Committee In addition, a stepchild’s Social Security Reason for Change U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: Our comments have benefits based on the work record of his/her Since late October, the total amount of the been requested with respect to the provisions stepparent are terminated the month follow- public debt obligations has been very close of Section 6 of S. 1470, the ‘‘Senior Citizens’ ing the divorce of the child’s natural parent to the public debt limit. This has given rise Freedom to Work Act of 1995.’’ This section and stepparent. The stepparent must also no- to concerns that the Social Security and of the bill is intended to provide protections tify the Social Security Administration of Medicare Trust Funds might be under in- to the Social Security and Medicare trust the divorce and the Social Security Adminis- vested or disinvested for debt management funds at times when the public debt limit tration is required to notify annually those purposes. While the Administration has stat- might otherwise cause certain adverse con- potentially affected by this provision. ed that it would not take such action, the sequences with respect to those funds. Effective Date Committee concluded that it was desirable The Administration shares the objective of to make clear in law that these funds could The proposal is generally effective three protecting the beneficiaries of these funds. not be used for debt management purposes. months after date of enactment for new enti- As you know, both the President and the In clarifying this, the Committee does not tlement of stepchildren to benefits and for Secretary of the Treasury have stated that intend that the legislation authorize conduct divorces finalized after that period. the Secretary has no authority to redeem se- in contravention of any other applicable pro- 4. SSDI revolving fund for continuing disability curities from the Social Security fund for vision of law, such as the public debt limit. reviews any purpose other than to assure the pay- The Committee seeks to assure that, to the ment of benefits. The same principle would Present Law maximum extent possible under the statu- apply as well to the other 178 trust funds The administrative costs of conducting tory debt limit, the Secretary of the Treas- that are not subject to the Secretary’s ex- continuing disability reviews (CDRs) of indi- ury and other Federal officials shall invest press debt management powers. viduals receiving Social Security disability and disinvest Social Security and Medicare Section 6 would do the following: benefits are provided through an appropria- trust funds solely for the purposes of ac- It would require that all revenues received tion of trust fund monies, and are considered counting for the income and disbursements or held by these funds be invested in public discretionary spending subject to the domes- of these programs. The Committee further debt obligations, ‘‘notwithstanding any tic discretionary spending cap of the Budget intends that the investments of the trust other provision of law.’’ Thus, it would effec- Enforcement Act. funds are made timely, in accordance with tively create an exception to the debt limit the normal investment practices of the Reason for Change to permit the investment of incoming re- Treasury, and are not drawn down pre- Limited administrative resources have pre- ceipts of these funds. maturely for the purposes of avoiding limita- vented the Social Security Administration It would forbid the ‘‘disinvestment’’—that tions on the public debt or to make room from keeping up with CDRs, which estimates is, the redemption prior to maturity—of se- under the statutory debt limit for the Sec- that for every $1 spent conducting CDRs, $6 curities held by the funds if a purpose there- retary of the Treasury to issue new debt ob- are saved in benefits that would otherwise be of were ‘‘to reduce the amount of outstand- ligations in order to cover other expendi- paid to individuals who are no longer dis- ing public debt obligations.’’ tures of the Government. abled. The Social Security Administration It would allow Treasury to disinvest the estimates that the failure to perform timely Proposed Change funds and to issue corresponding new public CDRs between 1990 and 1995 will cost the The legislation codifies Congress’ under- debt, ‘‘notwithstanding the public debt SSDI Trust Fund $2.3 billion by 1999. The standing of present law that the Secretary of limit,’’ to the extent necessary to raise cash proposed revolving fund would be a source of the Treasury and other Federal officials are to pay benefits to fund beneficiaries. non-appropriated administrative resources not authorized to use Social Security and The provision of Section 6 would, however, to finance CDRs, enabling SSA to perform Medicare funds for debt management pur- have serious adverse consequences, and this essential program-integrity work. poses. Specifically, the Secretary of the would present certain practical problems S 18734 CONGRESSIONAL RECORD — SENATE December 15, 1995 that could frustrate or impede the realiza- THE LAUTENBERG AMENDMENT those applying now could qualify as a tion of its objectives: Mr. SIMPSON. Mr. President, earlier ‘‘refugee’’ under the American and the First, the continued investment of new international law definition of ‘‘refu- fund receipts, notwithstanding the debt today, Senator LAUTENBERG responded limit, would cause outstanding Treasury to a statement I made yesterday re- gee’’? We make a mockery of the law if debt to exceed the debt limit in an ever in- garding the so-called Lautenberg we do so. creasing amount. This would prohibit Treas- amendment. Why should the American taxpayer ury from issuing any other new Treasury In defending this abused program, provide our severely limited refugee debt. Even the rollover of maturing debt which has made a farce of the Refugee aid for these persons, who are actually would be precluded so long as outstanding Act, my friend and colleague claimed regular ‘‘immigrants,’’ not ‘‘refugees.’’ debt remained over the debt limit. As a con- that the beneficiaries ‘‘have to prove a These ‘‘asserters’’ are not even re- sequence we would face imminent default on quired to prove a well-founded fear of all other outstanding obligations. credible fear’’ of persecution before Because no other new debt could be issued, they qualify. persecution, so we have absolutely no the bill would also remove Treasury’s ability Yet, in fact, these people do not have assurance that they are, in fact, refu- to raise cash to pay benefits from other trust to prove a credible fear of persecution; gees. And more importantly please re- funds, even after a disinvestment of securi- rather all they have to do is assert a call that when they do receive permis- ties held by such funds. fear of discrimination. Discrimination, sion to enter the United States, they Second, while the bill intends to protect take months, even sometimes more the ability to make payments to fund bene- Mr. President, is not persecution; and ficiaries at times when the debt limit would asserting a fear is not proving it. All than a year, to decide whether or not otherwise preclude such payments, as a prac- other refugees in the world who are they really want to come here. tical matter it cannot be assured that the coming to this country are required to About 40,000 of them who are author- protected payments could actually be made, prove a ‘‘well-founded fear of persecu- ized to come here are lingering in the given the current methods of paying govern- tion.’’ former Soviet Union, weighing their ment obligations. Senator LAUTENBERG responded to options. They are clearly in no hurry. The Federal Reserve’s current procedure, the reports of criminals using this pro- That is what an immigrant ordinarily when government checks are presented for does—to calmly, and without urging, payment, is to give immediate credit to the gram to enter the United States by presenting bank. Incoming checks are not saying it wasn’t designed to ‘‘allow weigh all the pluses and minuses of actually sorted for several days after pre- criminals to enter.’’ He said it is the staying or going to the United States. sentment. There is not presently in place responsibility of the INS and the State A true refugee does not have any pos- any operational capability that would per- Department to prevent criminals from sible luxury of such a lengthy, delib- mit a distinction to be made between pro- using the program. erative process. After all they are re- tected benefit checks and all other checks I would remind my good friend that quired to be ‘‘fleeing’’ or have a ‘‘well being presented for payment. when the INS tried its level best to ef- founded fear’’ of persecution. While the bill would require the Secretary to institute procedures to assure that the fectively screen these people, rep- Again, I urge the conferees on the protected benefits are paid when due, we es- resentatives of ‘‘the groups’’ went di- State Department reauthorization bill timate that it would take a minimum of rectly to Moscow to insist upon lower to insist upon the Senate provisions three months, and perhaps longer, to insti- standards. Do not blame the Justice and not continue this misused program tute the changes in the payments system and the State Departments alone for any longer. necessary to provide this assurance. this fiasco. ‘‘The groups’’ and their f Finally, the protected payment procedures skilled lobbyists created this one from prescribed by this legislation would only be RETIREMENT OF LEE M. NACKMAN whole cloth. triggered when we were in, or on the brink Mr. SIMPSON. Mr. President, I ap- of, default. Senator LAUTENBERG said he was sur- Since the country has never in its history prised to hear me refer to Russia as our preciate the opportunity to take a few experienced a default, it is impossible to de- ‘‘best friend.’’ Perhaps best friend was brief moments of the Senate’s time to termine whether or to what extent it would a bit of an overstatement, but they are acknowledge the impending retirement be possible for Treasury to sell new debt to certainly among our friends, and cer- of Mr. Lee M. Nackman from Federal the public to make the protected payments. tainly this administration and this service. In such a situation, all other payment obli- President as well as the previous ad- For nearly 10 years, Mr. Nackman gations of the United States would either be has served as the Director of the Los in default or would be ‘‘queued up’’ for pay- ministration have gone out of their ment as cash became available. way to cultivate friendly relations Angeles VA Outpatient Clinic. During We would be pleased to work with the with that country. Whether it is a best his tenure, he has taken his clinic from Committee to try to develop legislative lan- friend or a good friend, there is cer- substandard basement quarters to a $40 guage that would carry out the objectives tainly no justification whatever—at million, state-of-the-art, ambulatory that we share, while avoiding the adverse this present day—for some blanket care center in the heart of downtown consequences we see flowing from the lan- Los Angeles. guage in the current bill. ‘‘presumption’’ of ‘‘refugeeness’’ for We continue to believe, however, that the any of their citizens who happen to be- The constituency served by the clinic most effective and certain means for assur- long to one of several religious groups, brings to it a myriad of medical and ing that the interests of beneficiaries of So- some of whose members have been sub- psychosocial problems. Many of the cial Security and Medicare—as well as all ject to discrimination or even persecu- veterans care for are homeless, living other trust funds—are fully protected, is tion in the past. on the streets literally within sight of promptly to enact a clean permanent in- However, the most astounding thing Los Angeles’ City Hall. In large meas- crease in the debt limit. the Senator from New Jersey said was ure because of his leadership, each of Sincerely, that the program ought to be extended the veterans cared by the clinic is JOHN D. HAWKE, Jr., Under Secretary of the Treasury for another year. Even if we cut this off treated with the dignity and respect for Domestic Finance. today, there are 100,000 of these bene- they have earned through service to f ficiaries of the Lautenberg amendment their country. This is a difficult pa- already ‘‘in the pipeline.’’ That means tient population, yet Lee Nackman has THE BAD DEBT BOX SCORE that even without an extension we will assured that it is one that is well Mr. HELMS. Mr. President, as of the have 35,000 entering every year for the served by the Department of Veterans close of business yesterday, December next 3 years. Affairs health care system. 14, the Federal debt stood at I can only reply to my friend that he Mr. President, on January 3, 1996, Mr. $4,989,708,383,241.14, a little more than should read again the article I placed Nackman is ending a distinguished 35- $10 billion shy of the $5 trillion mark, into the CONGRESSIONAL RECORD yester- year career of service to America’s vet- which the Federal debt will exceed in a day, and I respectfully recommend that erans. He began as a pharmacy intern few weeks. he should talk to the Immigration at the Manhattan VA Medical Center On a per capita basis, every man, Service about the current traffic from upon completion of his B.S. degree woman, and child in America owes Moscow regarding this program. from Columbia University. While work- $18,941.02 as his or her share of that How can any of us support a program ing as a pharmacy resident at what is debt. where only one-half of 1 percent of now the West Los Angeles VA Medical December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18735 Center, he completed his M.Sc. degree known and remains a standard to In 1967, Sen. Edmund Muskie (D–Maine) at the University of Southern Califor- which all who fill that position are prevailed upon Nordy to become executive nia School of Pharmacy. compared. While Nordy’s tenure in the director of the Democratic Senatorial Cam- Throughout his career with the Vet- Senate was as a Democrat, his ability paign Committee, and 10 years later, in Jan- uary 1976, the Democratic majority picked erans Administration, now the Depart- to transcend party and politics was ex- him to succeed William H. Wannall as Sen- ment of Veterans Affairs, he has held a traordinary and one pattern I often ate sergeant at arms. series of positions of ever increasing re- wish was emulated more regularly. It took Nordy about two minutes after sponsibility in pharmacy and in health Nordy’s empathy for everyone from being sworn in to put his ‘‘Let’s get it done care management, to include 2 years as Senators to staff was truly uncommon. and help the people’’ management style into Assistant Director of the VA hospital To put it simply Nordy, throughout his full gear. He engaged everyone in the proc- in Sheridan, WY. life, has always been a caring individ- ess, seeking advice from people from sen- While in Los Angeles, Mr. Nackman ators to janitors about how to make his of- ual and an excellent role model. It has fice more open, productive and helpful. has chaired the Southern California been sometime since I have seen Nordy, As Nordy’s administrative assistant and and Southern Nevada network of the and I am deeply saddened by news of the token Republican in his office, I always Veterans Health Administration. His his ill health, but I wanted to take this found him exceptionally open to ideas, in- leadership was instrumental in creat- opportunity to call attention to this cluding that of putting a ‘‘welcome’’ sign on ing a more integrated, more patient fo- article and to let Nordy know I am the door. He was also color blind, as he cused approach to caring for the more thinking of him and I wish him well. brought his longtime assistant Barbara than 1.7 million veterans residing in Mr. President, I ask unanimous con- Towles with him and made her his executive secretary. She was the first black person to that area. This network approach to sent that the Hill article be printed in hold this position in the Sergeant at Arms providing health care has served as a the RECORD. Office. model for the national reorganization There being no objection, the ordered Nordy was genuinely focused on being a of VA health care delivery into Veter- to be printed in the RECORD, as follows: good steward of the resources entrusted to ans Integrated Service Networks. [From The Hill, Dec. 13, 1995] him, and he looked for and found many ways to save money, improve services and Mr. Nackman currently chairs the NORDY HOFFMANN—AILING FORMER SENATE steamline operations. But all of those things Greater Los Angeles Federal Executive SERGEANT AT ARMS WAS A GIANT FIGURE were only tools to help him achieve his most Board, in which capacity he has shown WITH A HEART TO MATCH important goal, which was to provide service leadership in encouraging a range of (By Ron Martinson) for others. Federal partnerships which assure the P. Nordhoff Hoffmann, known to genera- In a town where people often dispense fa- provision of services administered by tions of Notre Dame alumni and members of vors and return phone calls based upon the all Federal agencies in a more efficient Congress as ‘‘Nordy,’ was convening his first recipient’s ability to reciprocate, Nordy and effective manner. This country’s department head meeting as Senate sergeant would give his shirt to the first person who taxpayers deserve no less. at arms in January 1976. asked without expecting anything in return. With the directors of a dozen service orga- Once, a friend of mine who was working for Mr. President, Lee Nackman has nizations under his jurisdiction dutifully as- brought honor and dignity to the sta- a junior Republican congressman asked if I sembled, Nordy opened the meeting with knew of any job opportunities for Repub- tus of Federal employee. He has con- characteristic directness; ‘‘Some of you guys licans on the Senate side as his niece was tributed to all that is good about those probably think that because Nordy Hoff- looking for work. in Government who provide goods and mann is 67 years old, he won’t be around in When I suggested he talk to Nordy, he services to our citizens, and most sig- this job for very long. Well, let me tell you couldn’t believe that Nordy would even see nificantly, to the veterans he has so di- something—my grandfather lived to be 92, so him. Not only did Nordy talk to him, but he rectly cared for over the 35 years of his get that out of your damn heads right now.’’ found the aide’s niece a job. That former aide Hoffmann, who will turn 86 next Tuesday, distinguished career. Those of us who is now a Republican congressman from New is seriously ill with cancer. But to anyone York. care deeply about this Nation’s veter- who knew him during a lifetime of successes Nothing underscores the universal affec- ans can but thank those men and earned by determination and a sense of des- tion for Nordy better than the time he was women, like Lee Nackman, who have tiny, he was one of the most remarkable and recommended for induction into the national dedicated themselves to the service of unforgettable personalities who ever walked collegiate football Hall of Fame. An ad hoc veterans. It is fitting that we recognize the corridors of Capitol Hill. committee headed by Don Womack, former that service today. It is also appro- A huge hulk of a man whose massive frame superintendent of the Senate Press Gallery, priate that we express our thanks to carried more than 300 pounds before his ill- was formed to collect testimonial letters on ness, Nordy’s thundering voice could intimi- Lee Nackman—and indeed, to so many Nordy’s behalf to the judges considering date the most intrepid soul. But underneath Nordy’s nomination. dedicated public servants, the best of was a gentle spirit and big heart that earned When I looked at the folder containing cop- whom he represents—at this, the mo- Nordy legions of devoted friends. ies of the letters that were presented to ment of his retirement. A native of Seattle, Nordy first achieved Nordy as a keepsake, I discovered personally Mr. President, I know all in this body distinction as an All-American right guard signed letters from Presidents Carter and join with me in this valedictory. We on Knute Rockne’s 1929 and 1930 Notre Dame Ford and Vice Presidents Mondale and wish Lee Nackman many years of a championship football teams. He had never Rockefeller, along with those from every one satisfying retirement. During that played the game before Rockne spotted him of the 100 senators. Needless to say, Nordy on campus one day and ordered him to report was elected to the Hall of Fame. time he can truly look back upon a job to practice. He graduated from Notre Dame But Nordy wasn’t just a hero to sports en- well done. Law School in 1933 and after several years as thusiasts or powerful politicians. Once, when f assistant coach at his alma mater and a a maid asked me if I could do something semi-pro football player, he saw service as a NORDY HOFFMANN—A GREAT about the dirty, dilapidated maids’ lounge in World War II Navy officer in the Pacific. the basement of the Capitol, I walked into AMERICAN After the war, Nordy was tapped by Philip Nordy’s office and stood in front of his desk. Mr. BYRD. Mr. President, the De- Murray, president of the United Steel- ‘‘Nordy, you consider yourself to be a hu- cember 13, 1995, edition of the Hill in- workers Union, to become the union’s legis- mane employer, don’t you?’’ I declared. He cluded an article written by Ron lative director in Washington, a position looked at me with a quizzical expression, and that quickly immersed him in national as I described what I’d seen, he spun around Martinson paying special tribute to F. Democratic politics. For the next 20 years, on his chair and began punching buttons on Nordhoff Hoffmann. It is a fine piece he was in the thick of every major labor bat- his phone with his sausage-like fingers. that captures perfectly the man we all tle on Capitol Hill, from Taft-Hartley to He gave Tom Ward, the chief engineer in know as Nordy. Mr. Martinson takes us minimum wage to Medicare. charge of maintenance at the Capitol, an through the various and varied stages Nordy received a rare tribute in 1963 when earful about the disgraceful working condi- of Nordy’s life revealing a remarkable then-Vice President Lyndon Johnson singled tions of his maids, and within two days, example of one person’s contribution to him out during a speech at a Democratic din- Ward had dispatched a team of painters and ner and roared, ‘‘Nordy Hoffmann knows his family, his college, his colleagues plasterers to convert the maids’ lounge into what I’m talking about because he and Phil a clean, pleasant place, making Nordy a hero and his country. Murray and I were fighting for these things forever to the maids. I have known Nordy for many years. way back when. We didn’t win but we didn’t Nordy’s legendary kindness didn’t stop at His service to this institution, most stop trying because Nordy Hoffmann’s not a the doors of the Capitol. He and his wife Jo- notably as Sergeant at Arms, is well- quitter, and neither am I!’’ anne opened their Potomac, Md., home and S 18736 CONGRESSIONAL RECORD — SENATE December 15, 1995 swimming pool to retarded children. Nordy States Navy in negotiating, and later sis on more scientifically oriented na- also raised staggering amounts of money for administering, the U.S./U.S.S.R Bilat- tional, subsurface research. cancer research as a member of the board of eral Agreement in World Ocean Stud- NURP now supports merit-based re- the Vince Lombardi Cancer Center at ies. search grants to provide the scientific Georgetown University Hospital. Following the Republican takeover of the Later, he served in the White House basis for addressing critical natural re- Senate in 1981 Nordy left the Senate to open Office of Science and Technology Pol- source issues—such as the preservation his own consulting firm, but he continued as icy as Assistant Presidential Science of natural marine sanctuaries. The pro- an informal advisor and friend to people both Advisor. He was Deputy Director and gram also continues to provide access on and off the Hill. When I stopped by his of- Senior Oceanographer of the Ocean to an extensive array of manned and fice several years ago, he had just finished Science and Technology Division, Of- unmanned undersea vehicles. ‘‘putting the tap’’ on a lobbyist friend for a fice of Naval Research. Dr. Ostenso also served as NOAA’s donation for his annual Thanksgiving In January of 1977, Dr. Ostenso acting chief Scientist for 1 year. He project. Nordy used the money to buy turkeys, moved from the Navy to the National was instrumental in obtaining OMB which he then had a Senate chef cook for Oceanic and Atmospheric Administra- and congressional support for a 15-year him. On Thanksgiving Day, he picked up the tion [NOAA] to assume 12 years of lead- NOAA fleet replacement and mod- birds and delivered them to homeless shel- ership of the Sea Grant College Pro- ernization program. ters in the area. He did this for years with- gram. Over the years, Dr. Ostenso has out telling any of his friends and associates. I am best acquainted with Dr. served on a number of national and On my last visit with Nordy several Ostenso’s extraordinary skill through international committees and panels. months ago, before he entered the hospital my own role as the Senate author of The most recent was his appointment for treatment of his illness, I saw the sign that sat prominently on his desk. It read, the National Sea Grant College and by Vice President GORE and the Direc- ‘‘Never complain about getting old. It is a Program Act. Under his leadership, Sea tor of the Central Intelligence Agency privilege denied to many.’’ Grant improved and expanded during a to serve on an Environmental Task Nordy Hoffmann has always acted on this dozen exciting and challenging years, Force to assess the dual use of defense advice and has lived every moment to the including five reauthorizations. and intelligence data and systems for fullest with the purpose of serving others. As Sea Grant Director, Dr. Ostenso civilian environmental studies. That service continued until very recently improved Sea Grant’s science through Dr. Ostenso has played a pivotal role when his declining health forced him to end it. But his legion of friends and admirers rigorous peer review and broadened Sea for years in guiding the American Geo- know that he was always a real friend in a Grant’s reach by bringing new colleges physical Union [AGU]. Most recently town where real friends are truly rare. and universities under its umbrella. he supervised the construction of their f Under his leadership, Sea Grant ex- handsome new facilities on Florida Av- panded to a total of 29 programs in 31 enue here in Washington, DC. DR. NED A. OSTENSO, PH.D., A coastal and Great Lakes States. He also is former vice president of LEADER IN SCIENTIFIC RE- Sea Grant is highly regarded for its the American Oceanic Organization, SEARCH ON LAND AND SEA support of excellent research and effec- president of the American Polar Soci- Mr. PELL. Mr. President, I rise to tive educational and technology trans- ety, and a member of many organiza- share with my colleagues the news that fer programs. An economic study of the tions, including the Antarctica Soci- Dr. Ned A. Ostenso, Ph.D., Assistant National Sea Grant Program showed ety, Arctic Institute of North America, Administrator of the National Oceanic that, in the year studied, 1987, Sea Cosmos Club, Explorers Club, and Geo- and Atmospheric Administration’s Of- Grant’s impact on the national econ- logical Society. fice of Oceanic and Atmospheric Re- omy was $840 million. I am confident that I speak for many search, plans to retire in 3 weeks, on In today’s dollars, this impact would of my colleagues when I express admi- January 3, 1996. likely exceed $1 billion per year. For ration and thanks to Dr. Ned A. During his distinguished career, Dr. example, Sea Grant research over the Ostenso, Ph.D., for his invaluable con- Ostenso has made invaluable contribu- last two decades has given the country tributions to the United States of tions as a research scientist, adminis- a profitable marine aquaculture indus- America and to the world scientific trator, and leader in shaping America’s try with an estimated 1995 value of $300 community. He has our best wishes. understanding of the oceans and in di- million. f recting our Nation’s marine and atmos- For 6 years, Dr. Ostenso served as As- MESSAGES FROM THE HOUSE pheric research. sistant Administrator for Oceanic and As a researcher, he played a major Atmospheric Research, which included At 11:59 a.m., a message from the role in defining the structure of the responsibility for Sea Grant, the Na- House of Representatives, delivered by Arctic Ocean Basin, providing quan- tional Undersea Research Program, Mr. Hays, one of its reading clerks, an- titative studies of mid-ocean ridges— and the Environmental Research Lab- nounced that the House has agreed to including the first paper on the rela- oratories. the following concurrent resolution, tionship of sea-floor age to crustal During his tenure, the 12 institutions without amendment: thickness—and defining the nature of comprising the Environmental Re- S. Con. Res. 36. Concurrent resolution di- Greenland and Antarctic ice caps. search Laboratories made a number of recting the Secretary of the Senate to make His research activities have resulted significant contributions leading to: technical corrections in the enrollment of in more than 50 published scientific pa- Modernization of the National Weather S. 1060. pers. Service; an understanding of the phys- At 1:58 p.m., a message from the Among Dr. Ostenso’s numerous hon- ics and chemistry of the polar ozone House of Representatives, delivered by ors in earth and marine sciences, a sea- holes that has led to sensible national Ms. Goetz, one of its reading clerks, an- mount in the Arctic Ocean was named policies; a national climate program nounced that the House has passed the after him. In addition, while serving that is just now beginning to predict following bill, in which it request the with the team that made the first tran- weather on season and yearly time concurrence of the Senate: sit of Antarctica during the Inter- scales; and a vast improvement to our H.R. 2621. An act to enforce the public debt national Geophysical Year, Dr. Ostenso understanding of severe weather events limit and to protect the social security trust discovered an Antarctic mountain peak that has had a direct impact on more funds and other federal trust funds and ac- that today bears his name. accurate and timely warnings. counts invested in public debt obligations. Long after we are gone, Dr. Ostenso’s As Assistant Administrator, Dr. name will be remembered both on land Ostenso oversaw a major shift in the At 2:49 p.m., a message from the and at sea. focus of the National Undersea Re- House of Representatives, delivered by In the 1970’s, Dr. Ostenso represented search Program [NURP]. Mr. Hays, one of its reading clerks, an- the United States Navy on mutual de- Under his guidance, NURP changed nounced that the House has agreed to fense environmental data agreements from a primary focus on the procure- the report of the committee of con- with Australia, Germany and New Zea- ment of undersea vessels and associ- ference on the disagreeing votes of the land. In 1972, he represented the United ated hardware to an increased empha- two Houses on the amendment of the December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18737 Senate to the bill (H.R. 1530) to author- suant to law, the report on the internal con- By Mrs. KASSEBAUM, from the Commit- ize appropriations for fiscal year 1996 trols and financial systems in effect during tee on Labor and Human Resources, with for military activities of the Depart- fiscal year 1995; to the Committee on Gov- amendments: ernmental Affairs. S. 1044. A bill to amend title III of the Pub- ment of Defense, for military construc- EC–1724. A communication from the Chair- tion, and for defense activities of the lic Health Service Act to consolidate and re- man of the Thrift Depositor Protection Over- authorize provisions relating to health cen- Department of Energy, to prescribe sight Board, transmitting, pursuant to law, a ters, and for other purposes (Rept. No. 104– personnel strengths for such fiscal year report relative to the Board’s audit and in- 186). for the Armed Forces, and for other vestigative coverage during fiscal year 1995; By Mr. D’AMATO, from the Committee on purposes. to the Committee on Governmental Affairs. Banking, Housing, and Urban Affairs, with EC–1725. A communication from the Dep- an amendment in the nature of a substitute EXECUTIVE AND OTHER uty Independent Counsel, transmitting, pur- and an amendment to the title: COMMUNICATIONS suant to law, the annual report under the In- S. 1228. A bill to impose sanctions on for- spector General Act on audit and investiga- eign persons exporting petroleum products, The following communications were tive activities during fiscal year 1995; to the natural gas, or related technology to Iran laid before the Senate, together with Committee on Governmental Affairs. (Rept. No. 104–187). accompanying papers, reports, and doc- EC–1726. A communication from the Dep- By Mr. MURKOWSKI, from the Committee uments, which were referred as indi- uty Independent Counsel (In re Secretary of on Energy and Natural Resources, with an cated: Agriculture Espy), transmitting, pursuant to amendment in the nature of a substitute: law, the annual report under the Inspector S. 342. A bill to establish the Cache La EC–1712. A communication from the Fed- General Act on audit and investigative ac- Poudre River National Water Heritage Area eral Co-Chairman of the Appalachian Re- tivities during fiscal year 1995; to the Com- in the State of Colorado, and for other pur- gional Commission, transmitting, pursuant mittee on Governmental Affairs. poses (Rept. No. 104–188). to law, the semiannual report of the Inspec- EC–1727. A communication from the Dis- By Mr. ROTH, from the Committee on Fi- tor General for the period April 1 through trict of Columbia Auditor, transmitting, nance, with an amendment in the nature of September 30, 1995; to the Committee on pursuantto law, the report entitled ‘‘Review a substitute: Governmental Affairs. of Negotiated Services Contracts Between S. 1470. A bill to amend title II of the So- EC–1713. A communication from the Chair- the District of Columbia and the Test Devel- cial Security Act to provide for increases in man of the Corporation For Public Broad- opment Committee’’; to the Committee on the amounts of allowable earnings under the casting, transmitting, pursuant to law, the Governmental Affairs. social security earnings limit for individuals semiannual report of the Office of the In- EC–1728. A communication from the Chair- who have attained retirement age, and for spector General for the period April 1 man of the Council of the District of Colum- other purposes. bia, transmitting, pursuant to law, copies of through September 30, 1995; to the Commit- f tee on Governmental Affairs. D.C. Act 11-155 adopted by the Council on No- EC–1714. A communication from the Chief vember 7, 1995; to the Committee on Govern- EXECUTIVE REPORTS OF Executive Officer of the Corporation For Na- mental Affairs. COMMITTEES tional Service, transmitting, pursuant to EC–1729. A communication from the Chair- law, the report under the Inspector General man of the Council of the District of Colum- The following executive report of Act for the period April 1 through September bia, transmitting, pursuant to law, copies of committee was submitted: 30, 1995; to the Committee on Governmental D.C. Act 11-156 adopted by the Council on No- By Mr. HELMS, from the Committee on Affairs. vember 7, 1995; to the Committee on Govern- Foreign Relations: EC–1715. A communication from the Chair- mental Affairs. Treaty Doc. 103–1 Treaty Between the man of the Equal Employment Opportunity EC–1730. A communication from the Chair- United States of America and the Russian Commission, transmitting, pursuant to law, man of the Council of the District of Colum- Federation on Further Reduction and Limi- the report under the Inspector General Act bia, transmitting, pursuant to law, copies of tation of Strategic Offensive Arms (the for the period April 1 through September 30, D.C. Act 11-157 adopted by the Council on No- START II Treaty) (Executive Report 104–10): vember 7, 1995; to the Committee on Govern- 1995; to the Committee on Governmental Af- TEXT OF THE COMMITTEE RECOMMENDED mental Affairs. fairs. RESOLUTION OF ADVICE AND CONSENT EC–1731. A communication from the Chair- EC–1717. A communication from the Chair- man of the Council of the District of Colum- Resolved (two-thirds of the Senators present person of the U.S. National Commission on bia, transmitting, pursuant to law, copies of concurring therein), That (a) the Senate ad- Libraries and Information Science, transmit- D.C. Act 11-158 adopted by the Council on No- vise and consent to the ratification of the ting, pursuant to law, the report on the sys- vember 7, 1995; to the Committee on Govern- Treaty Between the United States of Amer- tem of internal accounting and financial mental Affairs. ica and the Russian Federation on Further controls in effect during fiscal year 1995; to EC–1732. A communication from the Chair- Reduction and Limitation of Strategic Of- the Committee on Governmental Affairs. man of the Council of the District of Colum- fensive Arms, signed at Moscow on January EC–1718. A communication from the Chair- bia, transmitting, pursuant to law, copies of 3, 1993, including the following protocols and man of the Merit Systems Protection Board, D.C. Act 11-160 adopted by the Council on No- memorandum of understanding, all such doc- transmitting, pursuant to law, the report on vember 7, 1995; to the Committee on Govern- uments being integral parts of and collec- the internal controls and financial systems mental Affairs. tively referred to as the ‘‘START II Treaty’’ in effect during fiscal year 1995; to the Com- EC–1733. A communication from the Chair- (contained in Treaty Document 103–1), sub- mittee on Governmental Affairs. man of the Council of the District of Colum- ject to the conditions of subsection (b) and EC–1719. A communication from the Chair- bia, transmitting, pursuant to law, copies of the declarations of subsection (c): man of the United States Merit Systems D.C. Act 11-163 adopted by the Council on No- (1) The Protocol on Procedures Governing Protection Board, transmitting, pursuant to vember 7, 1995; to the Committee on Govern- Elimination of Heavy ICBMs and on Proce- law, the report entitled, ‘‘The Rule of Three mental Affairs. dures Governing Conversion of Silo Launch- in Federal Hiring: Boon or Bane’’; to the EC–1734. A communication from the Chair- ers of Heavy ICBMs Relating to the Treaty Committee on Governmental Affairs. man of the Council of the District of Colum- Between the United States of America and EC–1720. A communication from the Chair- bia, transmitting, pursuant to law, copies of the Russian Federation on Further Reduc- man of the United States Merit Systems D.C. Act 11-164 adopted by the Council on No- tion and Limitation of Strategic Offensive Protection Board, transmitting, pursuant to vember 7, 1995; to the Committee on Govern- Arms (also known as the ‘‘Elimination and law, the statistical report on decisions is- mental Affairs. Conversion Protocol’’). sued; to the Committee on Governmental Af- EC–1735. A communication from the Chair- (2) The Protocol on Exhibitions and Inspec- fairs. man of the Council of the District of Colum- tions of Heavy Bombers Relating to the EC–1721. A communication from the Chair- bia, transmitting, pursuant to law, copies of Treaty Between the United States and the man of the National Endowment For the Hu- D.C. Act 11-165 adopted by the Council on No- Russian Federation on Further Reduction manities, transmitting, pursuant to law, the vember 7, 1995; to the Committee on Govern- and Limitation of Strategic Offensive Arms report under the Inspector General Act for mental Affairs. (also known as the ‘‘Exhibitions and Inspec- EC–1736. A communication from the Chair- the period April 1 through September 30, tions Protocol’’). man of the Council of the District of Colum- 1995; to the Committee on Governmental Af- (3) The Memorandum of Understanding on bia, transmitting, pursuant to law, copies of fairs. Warhead Attribution and Heavy Bomber D.C. Act 11-166 adopted by the Council on No- EC–1722. A communication from the Direc- Data Relating to the Treaty Between the vember 7, 1995; to the Committee on Govern- tor of the Norfolk Naval Shipyard Co-opera- United States of America and the Russian mental Affairs. tive Association, transmitting, pursuant to Federation on Further Reduction and Limi- law, the annual report of the Federal Pen- f tation of Strategic Offensive Arms (also sion Plan for calendar year 1993; to the Com- REPORTS OF COMMITTEES known as the ‘‘Memorandum on Attribu- mittee on Governmental Affairs. tion’’). EC–1723. A communication from the Direc- The following reports of committees (b) CONDITIONS.—The advice and consent of tor of Selective Services, transmitting, pur- were submitted: the Senate to the ratification of the START S 18738 CONGRESSIONAL RECORD — SENATE December 15, 1995 II Treaty is subject to the following condi- of 90 silo launchers of RS–20 heavy inter- July 1, 1968 ‘‘to pursue negotiations in good tions, which shall be binding upon the Presi- continental ballistic missiles (ICBMs) (all faith on effective measures relating to ces- dent: having been submitted to the Senate as asso- sation of the nuclear arms race at any early (1) NONCOMPLIANCE.—If the President de- ciated with the START II Treaty), date and to nuclear disarmament and on a termines that a party to the Treaty Between are of the same force and effect as the provi- treaty on general and complete disarmament the United States of America and the Union sions of the START II Treaty. The United under strict and effective international con- of Soviet Socialist Republics on the Reduc- States shall regard actions inconsistent with trol’’, it is the sense of the Senate that in an- tion and Limitation of Strategic Offensive obligations under those exchanges of letters ticipation of the ratification and entry into Arms, signed at Moscow on July 3, 1991 (in as equivalent under international law to ac- force of the START II Treaty, the Senate this resolution referred to as the ‘‘START tions inconsistent with the START II Trea- calls upon the parties to the START II Trea- Treaty’’) or to the START II Treaty is acting ty. ty to seek further strategic offensive arms in a manner that is inconsistent with the ob- (5) SPACE-LAUNCH VEHICLES.—Space-launch reductions consistent with their national se- ject and purpose of the respective Treaty or vehicles composed of items that are limited curity interests and calls upon the other nu- is in violation of either the START or by the START Treaty or the START II Trea- clear weapon states to give careful and early START II Treaty so as to threaten the na- ty shall be subject to the obligations under- consideration to corresponding reductions of tional security interests of the United taken in the respective treaty. their own nuclear arsenals. States, then the President shall— (6) NTM AND CUBA.—The obligation of the (5) MISSILE TECHNOLOGY CONTROL REGIME.— (A) consult with and promptly submit a re- United States under the START Treaty not The Senate urges the President to insist that port to the Senate detailing the effect of to interfere with the national technical the Republic of Belarus, the Republic of such actions on the START Treaties; means (NTM) of verification of the other Kazakstan, Ukraine, and the Russian Fed- (B) seek on an urgent basis a meeting at party to the Treaty does not preclude the eration abide by the guidelines of the Missile the highest diplomatic level with the United States from pursuing the question of Technology Control Regime (MTCR). For noncompliant party with the objective of the removal of the electronic intercept facil- purposes of this paragraph, the term ‘‘Mis- bringing the noncompliant party into com- sile Technology Control Regime’’ means the pliance; ity operated by the Government of the Rus- sian Federation at Lourdes, Cuba. policy statement between the United States, (C) in the event that a party other than the the United Kingdom, the Federal Republic of Russian Federation is determined not to be (c) DECLARATIONS.—The advice and consent of the Senate to ratification of the START II Germany, France, Italy, Canada, and Japan, in compliance— announced April 16, 1987, to restrict sensitive (i) request consultations with the Russian Treaty is subject to the following declara- tions, which express the intent of the Sen- missile-relevant transfers based on the Federation to assess the viability of both MTCR Annex, and any amendments thereto. START Treaties and to determine if a ate: (6) FURTHER ARMS REDUCTION OBLIGA- change in obligations is required in either (1) COOPERATIVE THREAT REDUCTIONS.—Pur- TIONS.—The Senate declares its intention to treaty to accommodate the changed cir- suant to the Joint Statement on the Trans- parency and Irreversibility of the Process of consider for approval international agree- cumstances, and ments that would obligate the United States (ii) submit for the Senate’s advice and con- Reducing Nuclear Weapons, agreed to in to reduce or limit the Armed Forces or ar- sent to ratification any agreement changing Moscow, May 10, 1995, between the President maments of the United States in a militarily the obligations of the United States; and of the United States and the President of the significant manner only pursuant to the (D) in the event that noncompliance per- Russian Federation, it is the sense of the treaty power as set forth in Article II, Sec- sists, seek a Senate resolution of support of Senate that both parties to the START II tion 2, Clause 2 of the Constitution. continued adherence to one or both of the Treaty should attach high priority to— (7) TREATY INTERPRETATION.—The Senate START Treaties, notwithstanding the (A) the exchange of detailed information affirms the applicability to all treaties of changed circumstances affecting the object on aggregate stockpiles of nuclear warheads, the constitutionally based principles of trea- and purpose of one or both of the START on stocks of fissile materials, and on their ty interpretation set forth in Condition (1) of Treaties. safety and security; the resolution of ratification with respect to (2) TREATY OBLIGATIONS.—Ratification by (B) the maintenance at distinct and secure the United States of the START II Treaty storage facilities, on a reciprocal basis, of the INF Treaty. For purposes of this declara- obligates the United States to meet the con- fissile materials removed from nuclear war- tion, the term ‘‘INF Treaty’’ refers to the ditions contained in this resolution of ratifi- heads and declared to be excess to national Treaty Between the United States of Amer- cation and shall not be interpreted as an ob- security requirements for the purpose of con- ica and the Union of Soviet Socialist Repub- ligation by the United States to accept any firming the irreversibility of the process of lics on the Elimination of Their Intermedi- modification, change in scope, or extension nuclear weapons reduction; and ate-Range and Shorter Range Missiles, to- of the Treaty Between the United States of (C) the adoption of other cooperative meas- gether with the related memorandum of un- America and the Union of Soviet Socialist ures to enhance confidence in the reciprocal derstanding and protocols, approved by the Republics on the Limitation of Anti-Ballis- declarations on fissile material stockpiles. Senate on May 27, 1988. tic Missile Systems, signed at Moscow on (2) ASYMMETRY IN REDUCTIONS.—It is the f May 26, 1972 (commonly referred to as the sense of the Senate that, in conducting the ‘‘ABM Treaty’’). reductions mandated by the START or INTRODUCTION OF BILLS AND (3) FINANCING IMPLEMENTATION.—The Unit- START II Treaty, the President should, JOINT RESOLUTIONS ed States understands that in order to be as- within the parameters of the elimination The following bills and joint resolu- sured of the Russian commitment to a reduc- schedules provided for in the START Trea- tions were introduced, read the first tion in arms levels, Russia must maintain a ties, regulate reductions in the United and second time by unanimous con- substantial stake in financing the implemen- States strategic nuclear forces so that the sent, and referred as indicated: tation of the START II Treaty. The costs of number of accountable warheads under the implementing the START II Treaty should START and START II Treaties possessed by By Mr. HATCH (for himself, Mr. HAR- be borne by both parties to the Treaty. The the Russian Federation in no case exceeds KIN, Mr. CRAIG, and Mr. BENNETT): exchange of instruments of ratification of the comparable number of accountable war- S. 1481. A bill to amend the Internal Reve- the START II Treaty shall not be contingent heads possessed by the United States to an nue Code of 1986 to provide for the non- upon the United States providing financial extent that a strategic imbalance endanger- recognition of gain for sale of stock to cer- tain farmers’ cooperatives, and for other pur- guarantees to pay for implementation of ing the national security interests of the poses; to the Committee on Finance. commitments by Russia under the START II United States results. By Mr. GRAMS: Treaty. (3) EXPANDING STRATEGIC ARSENALS IN S. 1482. A bill to amend chapter 13 of title XCHANGE OF LETTERS.—The exchange COUNTRIES OTHER THAN RUSSIA.—It is the (4) E 31, United States Code, to deem all Federal of letters— sense of the Senate that, if during the time employees to be essential employees, and for (A) between Secretary of State Lawrence the START II Treaty remains in force or in other purposes; to the Committee on Govern- Eagleburger and Minister of Foreign Affairs advance of any further strategic offensive mental Affairs. Andrey Kozyrev, dated December 29, 1992, re- arms reductions the President determines By Mr. KYL (for himself, Mrs. FEIN- garding SS–18 missiles and launchers now on there has been an expansion of the strategic STEIN, and Mr. DEWINE): the territory of Kazakstan, arsenal of any country not party to the S. 1483. A bill to control crime, and for (B) between Secretary of State START II Treaty so as to jeopardize the su- other purposes; to the Committee on the Ju- Eagleburger and Minister of Foreign Affairs preme interests of the United States, then diciary. Kozyrev, dated December 29, 1992, and De- the President should consult on an urgent f cember 31, 1992, regarding heavy bombers, basis with the Senate to determine whether and adherence to the START II Treaty remains STATEMENTS ON INTRODUCED (C) between Minister of Defense Pavel in the national interest of the United States. BILLS AND JOINT RESOLUTIONS Grachev and Secretary of Defense Richard (4) SUBSTANTIAL FURTHER REDUCTIONS.— Cheney, dated December 29, 1992, and Janu- Cognizant of the obligation of the United By Mr. HATCH (for himself, Mr. ary 3, 1993, making assurances on Russian in- States under Article VI of the Treaty on the HARKIN, Mr. CRAIG, and Mr. tent regarding the conversion and retention Non-Proliferation on Nuclear Weapons of BENNETT): December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18739 S. 1481. A bill to amend the Internal combining their business interest, an ‘‘(A) the eligible farmers’ cooperative shall Revenue Code of 1986 to provide for the additional level of overhead and profit- be treated in the same manner as a coopera- nonrecognition of gain for sale of stock ability could be greatly reduced. The tive described in subsection (b)(1)(B), to certain farmers’ cooperatives, and net result would be lower costs to the ‘‘(B) subsection (b)(2) shall be applied by substituting ‘100 percent’ for ‘30 percent’, for other purposes; to the Committee consuming public and a healthier farm ‘‘(C) the determination as to whether any on Finance. economy. stock in the domestic corporation is a quali- FARMERS’ COOPERATIVE LEGISLATION America’s farmers have seen many fied security shall be made— Mr. HATCH. Mr. President, I am changes to their industry over the past ‘‘(i) without regard to whether the stock is joined by Senators HARKIN, CRAIG, and few years. It is tough to be a farmer. an employer security, and BENNETT in introducing legislation Price changes, demands for new ma- ‘‘(ii) by treating the requirements of sub- that will assist farmers’ cooperatives chinery, changes in agricultural de- section (c)(1)(A) as being met if more than 50 in purchasing the refining and process- mand, the unpredictable weather, and percent of the outstanding stock of the cor- poration is not readily tradable on an estab- ing facilities that receive their goods economic hardship have shaken the lished securities market, and and lower the cost of bringing agricul- farming industry. This bill will give ‘‘(D) subsection (c)(7) shall not apply.’’ tural products to market. The bill ex- farmers a chance for more stability and ‘‘(b) COORDINATION WITH SECTION tends certain nonrecognition of gain control in the future marketing of 338(h)(10).—Section 338(h)(10) of the Internal benefits contained in the Internal Rev- their products. Of course, not all farm- Revenue Code of 1986 is amended by adding enue code to owners of agricultural ers will take advantage of these bene- at the end of the following new subpara- product refining and processing facili- fits. However, those that do will hope- graph: ties if they sell to a farmers coopera- fully reap greater benefits from a more ‘‘(D) CORPORATION WITH SECTION 1042.—An tive. election may be made under this paragraph integrated agricultural business. with respect to a sale described in section Currently, the Tax Code provides var- Representatives PAT ROBERTS, chair- 1042(g) for which an election was made under ious incentives for the promotion of man of the House Committee on Agri- section 1042(a), except that no gain shall be economic activity and growth. For ex- culture, CHARLES STENHOLM, and oth- recognized by reason of subparagraph (A)(ii) ample, section 1042 grants employees ers introduced similar legislation in to the extent it is not recognized under sec- participating in an Employee Stock the House as H.R. 2676. This bill has bi- tion 1042(a).’’ Ownership Plan [ESOP] and worker- partisan support. It is timely assist- (c) EFFECTIVE DATE.—The amendments owned cooperatives the opportunity to ance for our Nations farmers’ coopera- made by this section shall apply to sales after the date of the enactment of this Act. acquire an ownership interest in cer- tives. I urge my colleagues in the Sen- tain corporate stock. This has enabled ate on both sides of the isle to support ∑ Mr. CRAIG. Mr. President, I join employees and members of worker- this initiative for our Nation’s farming with Senators HATCH, HARKIN, and BEN- owned cooperatives to participate as industry. This bill has been endorsed NETT in introducing legislation which owners of the business. This Congress, by the National Council of Farmers’ would be helpful to farmer coopera- as have previous Congresses recognizes Cooperatives. tives seeking to purchase businesses that economic conditions are changing Mr. President, I ask unanimous con- that refine or processes their agricul- as advancing technology has trans- sent that the text of the bill be printed tural crops, and ultimately would formed our business climate into one in the RECORD. lower the costs of bringing their prod- that is more dependent on capital in- There being no objection, the bill was ucts to market. vestment for growth and profits. ordered to be printed in the RECORD, as The proposed legislation would Participatory ownership at all levels is follows: amend section 1042 of the Internal Rev- important in spreading the benefits of S. 1481 enue Code, which currently allows a capital ownership from the few to the Be it enacted by the Senate and House of Rep- similar treatment for sales to Em- many. resentatives of the United States of America in ployee Stock Ownership Plan [ESOP] The bill would provide farmers who Congress assembled, and worker-owned cooperatives. form farmers cooperatives the oppor- SECTION 1. NONRECOGNITION OF GAIN ON SALE Through this section of the Internal tunity for an ownership interest in the OF STOCK TO CERTAIN FARMERS’ Revenue Code, employees and members COOPERATIVES. of worker-owned cooperatives are able processing and marketing of their (a) Application of Section 1042 SECTION 1042 products. Owners of a refining or proc- TO CERTAIN FARMERS’ COOPERATIVES.—Sec- to acquire an ownership interest in cer- essing facility would be able to receive tion 1042 of the Internal Revenue Code of 1986 tain corporate stock and participate in nonrecognition treatment on any cap- (relating to sales of stock to employee stock ownership of the business. ital gain if the facility is sold to a ownership plans or certain cooperatives) is Currently, farmers cannot compete farmers cooperative that did at least 50 amended by adding at the end of the follow- with other business entities and with percent of its business with the refin- ing new subsection: ESOP’s in buying such businesses be- ‘‘(g) APPLICATION OF SECTION TO SALES OF cause of the advantages inherent in the ing or processing facility, so long as STOCK IN AGRICULTURAL REFINERS AND PROC- the owners reinvest the sales proceeds ESSORS TO ELIGIBLE FARM COOPERATIVES.— tax deferrals available in transactions into similar property. ‘‘(1) IN GENERAL.—This section shall apply with these other purchasers. Mr. President, farmers generally own to the sale of stock of a qualified refiner or Mr. President, this bill would allow their own businesses. Some have a few processor to an eligible farmers’ cooperative. farmers’ cooperatives the opportunity acres of land and some have developed ‘‘(2) QUALIFIED REFINER OR PROCESSOR.—For to be directly involved with the proc- large operations. Over the years, farm- purposes of this subsection, the term ‘quali- essing and marketing of their products. fied refiner or processor’ means a domestic ers cooperatives have been formed to corporation— With this combination, overhead could take advantage of economies of scale. ‘‘(A) substantially all of the activities of be greatly reduced, and the result These farmers cooperatives bring farm- which consist of the active conduct of the would be lower costs to the consuming ers together to sell their agricultural trade or business of refining or processing public and a healthier farm economy. products to someone else who refines agricultural or horticultural products, and Making it easier, on a more level or processes them and sells them to the ‘‘(B) which purchases more than one-half of playing field, for farmers to participate public. The chain in agricultural mar- such products to be refined or processed from in the refining and processing of their farmers who make up the eligible farmers’ keting includes both the farmer and cooperative which is purchasing stock in the products will provide them with a bet- the refiner or processor. Each addi- corporation in a transaction to which this ter way to deal with market fluctua- tional link in the chain can add in- subsection is to apply. tions of commodity prices and also pro- creasing costs to the final sale of these ‘‘(3) ELIGIBLE FARMERS’ COOPERATIVE.—For vide for more stability and control in agricultural products. If the farmers, purposes of this section, the term ‘eligible their future marketing of products. through the combined power of a farm- farmers’ cooperative’ means an organization This bill has bipartisan support. ers cooperative, could acquire owner- to which part I of subchapter T applies which Similar legislation has been introduced is engaged in the marketing of agricultural ship in the refiner or processor that or horticultural products. in the House as H.R. 2676, by PAT ROB- finishes and markets their products, ‘‘(4) SPECIAL RULES.—In applying this sec- ERTS, CHARLIE STENHOLM, and others. I the driving need for profits at both lev- tion to a sale to which paragraph (1) ap- urge my colleagues here in the Senate els of the chain would be lessened. By plies— on both sides of the aisle to support S 18740 CONGRESSIONAL RECORD — SENATE December 15, 1995 this initiative for our Nation’s farming American taxpayers, who pay far too ample. It will now be much easier for industry, which has been endorsed by much of their hard earned dollars to prosecutors in Federal cases to intro- the National Council of Farmers Co- the Government. duce evidence that the accused com- operatives.∑ For this reason, I am introducing leg- mitted a similar crime in the past. The islation which will end this classifica- crime act also provides Federal funding By Mr. GRAMS: tion process and restore some common for battered women’s shelters and S. 1482. A bill to amend chapter 13 of sense that will keep people working training for law-enforcement officers title 31, United States Code, to deem when Congress and the President fail and prosecutors. all Federal employees to be essential to enact appropriations. The Victim Rights and Domestic Vio- employees, and for other purposes; to Simply put, my bill, the ‘‘Federal lence Prevention Act will strengthen the Committee on Governmental Af- Employment Taxpayer Accountability the rights of domestic violence victims fairs. Act,’’ eliminates the distinction be- in Federal court and, hopefully, set a FEDERAL GOVERNMENT SHUTDOWN LEGISLATION tween essential and nonessential em- standard for the individual States to ∑ Mr. GRAMS. Mr. President, once ployees deeming all Federal Govern- emulate. again we stand at the edge of another ment employees essential. A message must be sent to abusers partial shutdown of the Federal Gov- This will put an end to classification that their behavior is not a family ernment. of Federal employees. It removes the matter. Society should treat domestic Looking back on last month’s shut- guesswork on who’s ‘‘essential’’ and violence as seriously as it does violence down, I have a hard time explaining to most importantly, it eliminates Fed- between strangers. My bill authorizes Minnesotans why we gave 800,000 Fed- eral employees being used as ‘‘pawns’’ the death penalty for cases in which a eral Government employees 41⁄2 days of of the process—as bargaining chips for woman is murdered by her husband or what amounts to paid ‘‘vacation’’ on negotiators. boyfriend. top of the already generous employee Mr. President, the prospect of an- Courts will not, under this bill, be leave benefits. I have a hard time ex- other Government shutdown is dis- able to exclude evidence of a defend- plaining what the taxpayers got when appointing. The people of this country ant’s violent disposition toward the they footed the bill for $400 million dol- are demanding a balanced budget. Yet victim as impermissible character evi- lars of work that was never performed. here we are, ready to throw another dence. My bill also provides that if a Mr. President, losing your job is 300,000 employees out of work at defendant presents negative character tough but if you get laid off or you go Christmas time. Will they get paid evidence concerning the victim, the on strike, you don’t get paid. Yet, if when they come back? My bet is yes. If government’s rebuttal can include neg- the Federal Government furloughs they’re paid again for not working will ative character evidence concerning many of its employees it becomes a va- the taxpayers understand? My bet is the defendant. It makes clear that tes- cation and is paid in full. I’m reminded no. timony regarding battered women’s of that popular song from a few years Let’s not let this happen again. Let’s syndrome is admissible to explain the back: ‘‘Somthin’ for nothin’.’’ That’s ensure that taxpayers are protected. behavior of victims of violence. exactly what Federal employees got Let’s ensure that when we ask them to We must establish a higher standard when the Government shut down— send part of their paycheck to Wash- of professional conduct for lawyers. My ‘‘Somethin’ for nothin’.’’ And I sug- ington, they’re getting the most effi- legislation prohibits harassing or dila- gest, Mr. President, that the American cient cost effective Government pos- tory tactics, knowingly presenting taxpayer is sick and tired of getting sible—without the paid vacations. false evidence or discrediting truthful nothing. I urge my colleagues to support Fed- evidence, willful ignorance of matters I realize that most Federal employ- eral workers—and the American tax- that could be learned from the client, ees want to work and not become payers—by supporting the Federal Em- and concealment of information nec- pawns in the debate over Federal ployment Taxpayer Accountability essary to prevent sexual abuse or other spending. I want to change the law to Act. violent crimes. ensure that Federal employees will Violence in our society leaves law- work during shutdowns. By Mr. KYL (for himself, Mrs. abiding citizens feeling defenseless. It As we all know, the determination of FEINSTEIN, and Mr. DEWINE): is time to level the playing field. Fed- whether you came to work during the S. 1483. A bill to control crime, and eral law currently gives the defense shutdown depended on if you were for other purposes; to the Committee more chances than the prosecution to deemed ‘‘essential’’ or ‘‘nonessential.’’ on the Judiciary. reject a potential juror. My bill pro- It was very interesting when we saw THE VICTIM RIGHTS AND DOMESTIC VIOLENCE tects the right of victims to an impar- the numbers of ‘‘nonessential’’ employ- PREVENTION ACT OF 1995 tial jury by giving both sides the same ees in some of the agencies we continue ∑ Mr. KYL. Mr. President, I introduce number of peremptory challenges. to support with billions of tax dollars. the Victim Rights and Domestic Vio- Last year’s Crime Act included a pro- Fifty-seven percent of the employees lence Prevention Act of 1995. The O.J. vision requiring notice to State and at Health and Human Services; 66 per- Simpson trial reminded all of us of the local authorities concerning the re- cent of Commerce; 72 percent at Inte- terrible problem of domestic violence lease of Federal violent offenders. rior; 75 percent at Labor; 82 percent at in America. Now is the time to do all Under the act, notice can only be used EPA; 89 percent at Education; and a we can to bring abusers to justice. for law-enforcement purposes. The Jus- full 99 percent of HUD. Women are the victims of more than tice Department opposes this limita- Overall 800,000 employees—all of 4.5 million violent crimes a year, in- tion because it disallows other legiti- them deemed ‘‘nonessential’’ all of cluding half a million rapes or other mate uses of the information, such as them on a paid ‘‘vacation’’ they didn’t sexual assaults, according to the De- warning potential victims of the of- ask for and didn’t want. partment of Justice. The National Vic- fender’s return to the community. My I can’t tell you how many times I’ve tims Center calculates that a woman is bill would delete this restriction. tried to explain to angry Minnesotans battered every 15 seconds. Addition- Under the bill, if a victim requests an why we’re employing all of these non- ally, the FBI has reported that one vio- HIV test in a sexual abuse case, the essential employees and even worse, lent crime occurs every 16 seconds, an court must order HIV testing of the de- why we paid them to stay away from aggravated assault every 28 seconds, a fendant, unless the court determines the office. robbery every 48 seconds, and a murder that the defendant’s conduct created Mr. President, we cannot let this every 21 minutes. no risk of transmission of the virus to happen again. We cannot have employ- Nicole Brown Simpson’s story is an the victim. The order must direct that ees who come to work not knowing all-too-familiar one. Last year’s crime the initial test be performed within 24 whether they’ll be paid and others bill, which is now law, did much to help hours of the issuance of the testing forced to sit at home, hoping they will victims of domestic violence—making order, or as soon thereafter as feasible. be paid. This is unfair to Federal em- it easier for evidence of intrafamilial The defendant cannot be released from ployees and this is especially unfair to sexual abuse to be introduced, for ex- custody until the test is performed. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18741 Test results would be disclosed to the ernment is entitled to 6 peremptory chal- civil wrong, the duty of enquiry under this victim, and follow up testing would lenges and the defendant or defendants joint- rule includes— take place after 6 and 12 months. Addi- ly to 10 peremptory challenges’’ and insert- ‘‘(1) attempting to elicit from the client a tionally, the bill deletes a requirement ing ‘‘each side is entitled to 6 peremptory materially complete account of the alleged that a victim must undergo counseling challenges’’. criminal activity or civil wrong if the client SEC. 102. REBUTTAL OF ATTACKS ON THE VIC- acknowledges involvement in the alleged before she can seek a testing order. TIM’S CHARACTER. criminal activity or civil wrong; and Second, it deletes a provision that the Rule 404(a)(1) of the Federal Rules of Evi- ‘‘(2) attempting to elicit from the client court cannot order testing of the de- dence is amended by inserting before the the material facts relevant to a defense of fendant unless the victim demonstrates semicolon the following: ‘‘, or, if an accused alibi if the client denies such involvement. that such a test would provide informa- offers evidence of a pertinent trait of char- ‘‘Rule 4. Duty To Expedite Litigation tion that is necessary for her health. acter of the victim of the crime, evidence of ‘‘(a) A lawyer shall seek to bring about the Third, it makes clear that prosecutors a pertinent trait of character of the accused expeditious conduct and conclusion of litiga- may assist victims in obtaining testing offered by the prosecution’’. tion. orders under these provisions. SEC. 103. VICTIM’S RIGHT OF ALLOCUTION IN ‘‘(b) A lawyer shall not seek a continuance It is our responsibility to continue to SENTENCING. or otherwise attempt to delay or prolong work to combat violent crime, wher- Rule 32 of the Federal Rules of Criminal proceedings in the hope or expectation ever it occurs. The Victim Rights and Procedure is amended— that— (1) in subdivision (c)(3)(E), by striking ‘‘if Domestic Violence Prevention Act of ‘‘(1) evidence will become unavailable; sentence is to be imposed for a crime of vio- ‘‘(2) evidence will become more subject to 1995 is an important step toward pro- lence or sexual abuse,’’; and tecting the rights of crime victims, impeachment or otherwise less useful to an- (2) by amending subdivision (f) to read as other party because of the passage of time; curbing domestic violence, and remov- follows: or ing violent offenders from our streets ‘‘(f) DEFINITION.—For purposes of this rule, ‘‘(3) an advantage will be obtained in rela- and communities. ‘victim’ means any individual against whom tion to another party because of the expense, Finally, I would like to thank two of an offense has been committed for which a frustration, distress, or other hardship re- my colleagues on the Judiciary Com- sentence is to be imposed, but the right of al- sulting from prolonged or delayed proceed- mittee. Throughout her career, Sen- locution under subdivision (c)(3)(E) may be ings. exercised instead by— ator FEINSTEIN has been a staunch de- ‘‘(1) a parent or legal guardian if the vic- ‘‘Rule 5. Duty To Prevent Commission of fender of women against violence. She tim is below the age of 18 years or is incom- Crime has worked hard on this bill. I greatly petent; or ‘‘(a) A lawyer may disclose information re- appreciate her work and her support. ‘‘(2) one or more family members or rel- lating to the representation of a client, in- And I would also like to thank Senator atives designated by the court if the victim cluding information obtained from the cli- DEWINE for his help. Senator DEWINE is deceased or incapacitated, ent, to the extent necessary to prevent the has worked hard to fight crime. His if such person or persons are present at the commission of a crime or other unlawful act. work on this bill is part of his ongoing sentencing hearing, regardless of whether ‘‘(b) A lawyer shall disclose information re- effort to put an end to violence and the victim is present.’’. lating to the representation of a client, in- cluding information obtained from the cli- bring criminals to justice. SEC. 104. RIGHT OF THE VICTIM TO FAIR TREAT- ent, when disclosure is required by law. Mr. President, I ask unanimous con- MENT IN LEGAL PROCEEDINGS. ‘‘(c) A lawyer shall disclose information re- sent that the text of the bill be printed The following rules, to be known as the Rules of Professional Conduct for Lawyers in lating to the representation of a client, in- in the RECORD. cluding information obtained from the cli- There being no objection, the bill was Federal Practice, are enacted as an appendix to title 28, United States Code: ent, to the extent necessary to prevent— ordered to be printed in the RECORD, as ‘‘(1) the commission of a crime involving follows: ‘‘RULES OF PROFESSIONAL CONDUCT FOR the use or threatened use of force against a S. 1483 LAWYERS IN FEDERAL PRACTICE person, or a substantial risk of death or seri- Be it enacted by the Senate and House of Rep- ‘‘Rule 1. Scope. ous bodily injury to a person; or resentatives of the United States of America in ‘‘Rule 2. Abuse of Victims and Others Pro- ‘‘(2) the commission of a crime of sexual Congress assembled, hibited. assault or child molestation. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘Rule 3. Duty of Enquiry in Relation to Cli- ‘‘(d) For purposes of this rule, ‘crime’ (a) SHORT TITLE.—This Act may be cited as ent. means a crime under the law of the United the ‘‘Victim Rights and Domestic Violence ‘‘Rule 4. Duty To Expedite Litigation. States or the law of a State, and ‘unlawful Prevention Act of 1995’’. ‘‘Rule 5. Duty To Prevent Commission of act’ means an act in violation of the law of (b) TABLE OF CONTENTS.—The table of con- Crime. the United States or the law of a State.’’. tents for this Act is as follows: ‘‘Rule 1. Scope SEC. 105. USE OF NOTICE CONCERNING RELEASE Sec. 1. Short title; table of contents. ‘‘(a) These rules apply to the conduct of OF OFFENDER. TITLE I—EQUAL PROTECTION FOR lawyers in their representation of clients in Section 4042(b) of title 18, United States VICTIMS relation to proceedings and potential pro- Code, is amended by striking paragraph (4). Sec. 101. Right of the victim to an impartial ceedings before Federal tribunals. SEC. 106. BALANCE IN THE COMPOSITION OF jury. ‘‘(b) For purposes of these rules, ‘Federal RULES COMMITTEES. Sec. 102. Rebuttal of attacks on the victim’s tribunal’ and ‘tribunal’ mean a court of the Section 2073 of title 28, United States Code, character. United States or an agency of the Federal is amended— Sec. 103. Victim’s right of allocution in sen- Government that carries out adjudicatory or (1) in subsection (a)(2), by adding at the tencing. quasi-adjudicatory functions. end the following: ‘‘On each such committee Sec. 104. Right of the victim to fair treat- ‘‘Rule 2. Abuse of Victims and Others Prohib- that makes recommendations concerning ment in legal proceedings. ited rules that affect criminal cases, including Sec. 105. Use of notice concerning release of the Federal Rules of Criminal Procedure, the ‘‘(a) A lawyer shall not engage in any ac- offender. Federal Rules of Evidence, the Federal Rules tion or course of conduct for the purpose of Sec. 106. Balance in the composition of rules of Appellate Procedure, the Rules Governing increasing the expense of litigation for any committees. Section 2254 Cases, and the Rules Governing person, other than a liability under an order TITLE II—DOMESTIC VIOLENCE Section 2255 Cases, the number of members or judgment of a tribunal. who represent or supervise the representa- Sec. 201. Death penalty for fatal domestic ‘‘(b) A lawyer shall not engage in any ac- tion of defendants in the trial, direct review, violence offenses. tion or course of conduct that has no sub- Sec. 202. Evidence of defendant’s disposition or collateral review of criminal cases shall stantial purpose other than to distress, har- toward victim in domestic vio- not exceed the number of members who rep- ass, embarrass, burden, or inconvenience an- lence cases and other cases. resent or supervise the representation of the other person. Sec. 203. Battered women’s syndrome evi- Government or a State in the trial, direct re- ‘‘(c) A lawyer shall not offer evidence that dence. view, or collateral review of criminal the lawyer knows to be false or attempt to Sec. 204. HIV testing of defendants in sexual cases.’’; and discredit evidence that the lawyer knows to assault cases. (2) in subsection (b), by adding at the end be true. TITLE I—EQUAL PROTECTION FOR the following: ‘‘The number of members of VICTIMS ‘‘Rule 3. Duty of Enquiry in Relation to Client the standing committee who represent or su- SEC. 101. RIGHT OF THE VICTIM TO AN IMPAR- ‘‘A lawyer shall attempt to elicit from the pervise the representation of defendants in TIAL JURY. client a truthful account of the material the trial, direct review, or collateral review Rule 24(b) of the Federal Rules of Criminal facts concerning the matters in issue. In rep- of criminal cases shall not exceed the num- Procedure is amended by striking ‘‘the gov- resenting a client charged with a crime or ber of members who represent or supervise S 18742 CONGRESSIONAL RECORD — SENATE December 15, 1995 the representation of the Government or a victim’s parent or legal guardian, as appro- to domestic abusers and seek refuge State in the trial, direct review, or collateral priate), the attorney for the Government, from them from a justice system that review of criminal cases.’’. and the person tested. Test results disclosed seemingly doesn’t care? TITLE II—DOMESTIC VIOLENCE pursuant to this subsection shall be subject It is for those women that I rise to section 40503(b) (5) through (7) of the Vio- SEC. 201. DEATH PENALTY FOR FATAL DOMESTIC today to offer my strong support for VIOLENCE OFFENSES. lent Crime Control Act of 1994 (42 U.S.C. 14011(b)). Any test result of the defendant this much needed bill. Sections 2261(b)(1) and 2262(b)(1) of title 18, Last year, Congress acknowledged United States Code, are each amended by in- given to the victim or the defendant must be accompanied by appropriate counseling, un- that action must be taken to stop do- serting ‘‘or may be sentenced to death’’ after mestic violence when it passed the Vio- ‘‘years,’’. less the recipient does not wish to receive such counseling. lence Against Women Act as part of SEC. 202. EVIDENCE OF DEFENDANT’S DISPOSI- TION TOWARD VICTIM IN DOMESTIC ‘‘(e) EFFECT ON PENALTY.—The United the President’s crime bill. VIOLENCE CASES AND OTHER States Sentencing Commission shall amend The Violence Against Women Act is CASES. existing guidelines for sentences for offenses designed to, among other things, pro- Rule 404(b) of the Federal Rules of Evi- under this chapter to enhance the sentence if vide funding for: Local programs for dence is amended by striking ‘‘or absence of the offender knew or had reason to know victims’ services; battered women’s that the offender was infected with the mistake or accident’’ and inserting ‘‘absence shelters; rape education and commu- of mistake or accident, or a disposition to- human immunodeficiency virus, except ward a particular individual’’. where the offender did not engage or attempt nity prevention programs; a national SEC. 203. BATTERED WOMEN’S SYNDROME EVI- to engage in conduct creating a risk of trans- family violence hotline; and increased DENCE. mission of the virus to the victim.’’. security in public places. Rule 702 of the Federal Rules of Evidence is (b) TECHNICAL AMENDMENT.—The analysis I strongly believe that this landmark amended by adding at the end the following: for chapter 109A of title 18, United States legislation will go a long way toward ‘‘Testimony that may be admitted pursuant Code, is amended by inserting at the end the reducing domestic abuse and helping to this rule includes testimony concerning following new item: its victims recover from their ordeals. the behavior, and mental or emotional condi- ‘‘2249. Testing for human Today, we continue the work begun tions of victims to explain a victim’s failure immunodeficiency virus; disclo- by the Violence Against Women Act. to report or delay in reporting an offense, re- sure of test results to victim; Much more needs to be done to pro- cantation of an accusation, or failure to co- effect on penalty.’’. tect the rights of the victims of domes- operate in the investigation or prosecu- (c) AMENDMENTS TO TESTING PROVISIONS.— tic and sexual violence and to stop tion.’’. Section 40503(b) of the Violent Crime Control these heinous crimes. SEC. 204. HIV TESTING OF DEFENDANTS IN SEX- and Law Enforcement Act of 1994 (42 U.S.C. UAL ASSAULT CASES. 14011(b)) is amended— Let us not underestimate the mag- (a) IN GENERAL.—Chapter 109A of title 18, (1) by amending the heading to read as fol- nitude of this problem: According to United States Code, is amended by adding at lows: ‘‘(b) TESTING OF DEFENDANTS.—’’; the National Coalition of Physicians the end the following new section: (2) in paragraph (1)— Against Family Violence, domestic vi- ‘‘§ 2249. Testing for human immunodeficiency (A) by inserting ‘‘, or the Government in olence strikes one in four families in virus; disclosure of test results to victim; ef- such a case,’’ after ‘‘subsection (a)’’; the United States; the FBI has re- fect on penalty (B) by inserting ‘‘(or to the victim’s parent ported that a women is beaten every 18 ‘‘(a) TESTING AT TIME OF PRETRIAL RE- or legal guardian, as appropriate)’’ after seconds in the United States; and the LEASE DETERMINATION.—In a case in which a ‘‘communicated to the victim’’; and Senate Judiciary Committee reported (C) by inserting ‘‘, unless the recipient does person is charged with an offense under this in 1992 that three to four million chapter, upon request of the victim, a judi- not wish to receive such counseling’’ after ‘‘counseling’’; and women are battered each year. cial officer issuing an order pursuant to sec- In my own State, the attorney gen- tion 3142(a) shall include in the order a re- (3) in paragraph (2)— quirement that a test for the human (A) by striking ‘‘To obtain an order under eral has reported that there were immunodeficiency virus be performed upon paragraph (1), the victim must demonstrate 251,233 domestic violence-related calls the person, and that followup tests for the that’’ and inserting ‘‘The victim or the Gov- for assistance from law enforcement virus be performed 6 months and 12 months ernment may obtain an order under para- last year. Of those cases, 155,944 calls following the date of the initial test, unless graph (1) by showing that’’; involved a perpetrator attacking his the judicial officer determines that the con- (B) in subparagraph (A)— victim with a personal weapon—such (i) by striking ‘‘the offense’’ and inserting duct of the person created no risk of trans- as his hands or feet. mission of the virus to the victim, and so ‘‘a sexual assault involving alleged conduct that poses a risk of transmission of the etio- According to the FBI, a women is states in the order. The order shall direct raped every five minutes in this coun- that the initial test be performed within 24 logic agent for acquired immune deficiency hours, or as soon thereafter as feasible. The syndrome’’; and try; in 1994 alone, there were 102,296 person shall not be released from custody (ii) by inserting ‘‘and’’ after the semicolon; rape or attempted rape cases reported until the test is performed. (C) in subparagraph (B), by striking ‘‘after to law enforcement; and in California, ‘‘(b) TESTING AT LATER TIME.—If a person appropriate counseling; and’’ and inserting a there were 10,960 cases of forcible rape charged with an offense under this chapter period; and that year. was not tested for the human (D) by striking subparagraph (C).∑ Domestic violence touches too many immunodeficiency virus pursuant to sub- ∑ Mrs. FEINSTEIN. Mr. President, I woman. It must be stopped by making section (a), the court may at a later time di- offer my strong support for the Victim the court system more user-friendly to rect that such a test be performed upon the Rights and Domestic Violence Preven- the victims of this crime, and those person, and that followup tests be performed tion Act, which I am pleased to co- 6 months and 12 months following the date of who inflict it must be more severely the initial test, if it appears to the court sponsor with Senators KYL and punished. This bill accomplishes those that the conduct of the person may have DEWINE. I also want to commend my two important goals. risked transmission of the virus to the vic- colleague from Arizona the cooperative EQUAL PROTECTION FOR VICTIMS tim. A testing requirement under this sub- spirit he has shown in working with me This bill will make the court system section may be imposed at any time while on this and other efforts to help crime more user-friendly in several ways: the charge is pending, or following convic- victims, and for addressing this impor- First, it protects the right of victims tion at any time prior to the person’s com- tant issue which is now so promi- to an impartial jury by equalizing the pletion of service of the sentence. nently, and tragically, in the news. ‘‘(c) TERMINATION OF TESTING REQUIRE- number of peremptory challenges af- MENT.—A requirement of followup testing Nearly every American knows the forded to the defense and the prosecu- imposed under this section shall be canceled plight of Nicole Brown Simpson. Who tion in jury selection. if any test is positive for the virus or the among us hasn’t read of, or heard of, or Second, this bill provides that if a de- person obtains an acquittal on, or dismissal discussed the tragic circumstances of fendant in a criminal case presents of, all charges under this chapter. her case? negative evidence about the victim’s ‘‘(d) DISCLOSURE OF TEST RESULTS.—The But, Mr. President, what about the character, the victim’s defense lawyer results of any test for the human thousands of women who suffer the ter- can present character evidence con- immunodeficiency virus performed pursuant to an order under this section shall be pro- rible physical and emotional effects of cerning the defendant. Mr. President, vided to the judicial officer or court. The ju- domestic violence in silent anonymity too many women who take their abus- dicial officer or court shall ensure that the every day all across the Nation? And, ers to court must suffer the double in- results are disclosed to the victim (or to the what about the women who do stand up dignity of having their own characters December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18743 attacked. It’s time to level the playing CONCLUSION kota [Mr. DORGAN] and the Senator field. Mr. President, right now too many from North Dakota [Mr. CONRAD] were Third, it extends the right of victims women fear for their safety and too added as cosponsors of S. 1453, a bill to to address the court concerning the many women suffer physically and prohibit the regulation by the Sec- sentence to all criminal cases. emotionally from domestic violence. retary of Health and Human Services Fourth, the bill establishes higher We can do something about it. I urge and the Commissioner of Food and standards of professional conduct for my colleagues to support the Victim Drugs of any activities of sponsors or lawyers in Federal cases to protect vic- Rights and Domestic Violence Preven- sponsorship programs connected with, tims and other witnesses from abuse, tion Act of 1995.∑ or any advertising used or purchased and to promote the effective search for f by, the Professional Rodeo Cowboy As- the truth. It does this by requiring hat sociation, its agents or affiliates, or lawyers in Federal cases: not engage in ADDITIONAL COSPONSORS any other professional rodeo associa- conduct for the purpose of increasing S. 684 tion, and for other purposes. litigation expenses; not engage in con- At the request of Mr. HATFIELD, the f duct designed just to harass another name of the Senator from Delaware NOTICE OF HEARING person; not offer false evidence, or dis- [Mr. BIDEN] was added as a cosponsor of credit true evidence; elicit a full ac- S. 684, a bill to amend the Public COMMITTEE ON ENERGY AND NATURAL count of the events from the lawyer’s Health Service Act to provide for pro- RESOURCES client; not necessarily delay litigation; grams of research regarding Parkin- Mr. MURKOWSKI. Mr. President, I must disclose information that the cli- son’s disease, and for other purposes. would like to announce for the public ent intends to commit a crime of vio- S. 949 that a hearing has been scheduled be- lence; and may disclose information At the request of Mr. GRAHAM, the fore the Committee on Energy and Nat- that the client intends to commit ural Resources. other crimes. name of the Senator from Idaho [Mr. CRAIG] was added as a cosponsor of S. The hearing will take place Wednes- Fifth, it removes the restriction that day, December 20, 1995 at 9:30 a.m. in limits use of notices that violent Fed- 949, a bill to require the Secretary of the Treasury to mint coins in com- room SD–366 of the Dirksen Senate of- eral offenders will be released to law fice Building in Washington, DC. enforcement purposes. This will allow memoration of the 200th anniversary of the death of George Washington. The purpose of this hearing is to re- victims to be informed when their as- ceive testimony on S. 594 and H.R. 1296, S. 1212 sailant is back in the community. bills to provide for the administration Finally, the bill requires that pros- At the request of Mr. COATS, the of certain Presidio properties at mini- ecutors have the same level of rep- name of the Senator from Michigan mal cost to the Federal taxpayer and resentation on committees that make [Mr. ABRAHAM] was added as a cospon- to review a map associated with the court rules as defense attorneys do. sor of S. 1212, a bill to provide for the San Francisco Presidio. Specifically, This will ensure that fair, balanced establishment of demonstration the purposes are to determine which rules are enacted, which do not favor projects designed to determine the so- properties within the Presidio of San criminals over prosecutors. cial, civic, psychological, and economic Francisco should be transferred to the DOMESTIC VIOLENCE effects of providing to individuals and administrative jurisdiction of the Pre- I also strongly believe that swift, families with limited means an oppor- sidio Trust and to outline what au- sure action must be taken to stop do- tunity to accumulate assets, and to de- thorities are required to ensure that mestic violence, and that penalties termine the extent to which an asset- the Trust can meet the objective of must be increased for those who com- based welfare policy may be used to en- generating revenues sufficient to oper- mit this heinous crime. able individuals and families with low ate the Presidio without a Federal ap- This bill includes a provision to au- income to achieve economic self-suffi- propriation. thorize capital punishment, under Fed- ciency. Because of the limited time available eral interstate domestic violence of- S. 1317 for the hearing, witnesses may testify fenses, for cases in which the offender At the request of Mr. D’AMATO, the by invitation only. However, those murders the victim. name of the Senator from Mississippi wishing to submit written testimony That’s tough punishment for per- [Mr. COCHRAN] was added as a cospon- for the hearing record should send two petrators who think domestic violence sor of S. 1317, a bill to repeal the Public copies of their testimony to the Com- is something that goes on behind Utility Holding Company Act of 1935, mittee on Energy and Natural Re- closed doors, where it’s OK for them to to enact the Public Utility Holding sources, U.S. Senate, 364 Dirksen Sen- beat their wives, or girlfriends, or Company Act of 1995, and for other pur- ate Office Building, Washington, DC mothers or sisters because it’s their poses. 20510–6150. prerogative. Well, Mr. President, do- S. 1360 For further information, please con- mestic violence is no one’s prerogative At the request of Mr. BENNETT, the tact Jim O’Toole of the committee and this bill provides tough punish- name of the Senator from Mississippi staff ment for criminals who deserve it. [Mr. COCHRAN] was added as a cospon- This bill also makes two changes in f sor of S. 1360, a bill to ensure personal the rules of evidence, to help victims of privacy with respect to medical records AUTHORITY FOR COMMITTEES TO domestic violence. First, it allows evi- and health care-related information, MEET. dence of the defendant’s past crimes or and for other purposes. wrongful acts against the victim to be COMMITTEE ON FOREIGN RELATIONS introduced, to establish a pattern of S. 1392 Mr. THOMAS. Mr President, I ask abuse. At the request of Mr. BAUCUS, the unanimous consent that the Commit- Second, it allows evidence of bat- name of the Senator from Idaho [Mr. tee on Foreign Relations be authorized tered women’s syndrome to be intro- CRAIG] was added as a cosponsor of S. to meet during the session of the Sen- duced, to show why some women are 1392, a bill to impose temporarily a 25- ate on Friday, December 15, 1995, at 2:00 driven to retaliate against their abus- percent duty on imports of certain Ca- p.m. ers. nadian wood and lumber products, to The PRESIDING OFFICER. Without Finally, the bill fights those who require the administering authority to ojective, it is so ordered. transmit HIV in sexual assaults, by re- initiate an investigation under title COMMITTEE ON LABOR AND HUMAN RESOURCES quiring that: sentences be toughened if VII of the Tariff Act of 1930 with re- Mr. THOMAS. Mr President, I ask the offender knew he was infected; spect to such products, and for other unanimous consent that the Commit- upon request of the victim, the of- purposes. tee on Labor and Human Resources be fender must be tested for HIV before he S. 1453 authorized to meet for hearing on the is released; and follow-up testing be At the request of Mr. BURNS, the Fair Labor Standards Act and the Min- done on sexual assailants. names of the Senator from North Da- imum Wage, during the session of the S 18744 CONGRESSIONAL RECORD — SENATE December 15, 1995 Senate on Friday, December 15, 1995, at United States foreign policy be of ernment the sciences, and other mutu- 9:30 a.m. greater significance than in the Middle ally beneficial endeavors. This has a di- The PRESIDING OFFICER. Without East. Fortunately, we are in a strong rect impact on promoting free-market ojective, it is so ordered. position to use education as a corner- reforms in the countries of the Middle SPECIAL COMMITTEE TO INVESTIGATE stone of our policy there because of the East. Graduates of AUB and LAU ap- WHITEWATER DEVELOPMENT AND RELATED presence of two American educational preciate American entrepreneurship MATTERS institutions with which I happen to be and market-based economies, and from Mr. THOMAS. Mr President, I ask personally acquainted: The American their positions as leaders in both pri- unanimous consent that the Special University of Beirut [AUB] and the vate firms and public agencies, they Committee to Investigate Whitewater Lebanese American University [LAU]. guide their countries in this direction. Development and Related Matters be The excellent work of these two insti- Their familiarity with American cul- authorized to meet during the session tutions deserve special attention. Both ture and products also opens opportu- of the Senate on Friday, December 15, schools have long proved themselves as nities for the United States to develop 1995 to conduct a hearing pursuant to beacons of tolerance and rationality in export markets and investments in the Senate Resolution 120. that part of the world. Furthermore, in region. The PRESIDING OFFICER. Without the future, these schools will have an AUB and LAU also are addressing ojective, it is so ordered. increased importance as the Middle other problems of concern to Ameri- f East looks for the institutional struc- cans such as health and environmental tures which will help the region move issues. They engage in innovative pro- ADDITIONAL STATEMENTS from the currently emerging formal grams of study and research on issues peace to a more lasting warm peace. of water quality, migration patterns, Mr. President, as we know, the future desertification and pollution abate- SUPPORT FOR THE AMERICAN ment. Both institutions are leaders in UNIVERSITY OF BEIRUT AND of Lebanon, in no small measure, rests with the talent, intellect, and ingenu- high quality health care in the Middle LEBANESE AMERICAN UNIVER- East, which advances America’s con- SITY ity of its people, especially the youth. Educating young Lebanese is essential, cern with global public health. ∑ Mr. ABRAHAM. Mr. President, I rise therefore, to rebuilding the country. But perhaps the single most impor- today to comment on an issue which LAU and AUB are instrumental in this tant contribution these institutions has important policy implications for rebuilding. These universities, more- are making to American interests in the United States as a world leader in over, promote the use of American- the region comes in connection with the Middle East Peace process. They promoting education. With the end of made goods, enhancing international have given vital assistance to that the cold war, we, as a nation, must re- reliance on American goods and serv- process by creating an intellectual cli- examine how the United States can ices. Students who are educated by mate that encourages rational dia- most appropriately provide world lead- using American computers, for exam- logue, and by educating men and ership in the future. The need for the ple, will rely on American computers women with the vision and skills to United States to continue to provide when they pursue their careers. Fur- achieve conciliation and cooperation. such leadership is not a serious conten- thermore, these institutions nurture And once a formal peace is finally tion. However, as we debate a foreign democracy by educating successive achieved, AUB and LAU will be in the policy direction that will advance generations of leaders who are commit- forefront to encourage a warm peace of American interests in a more inter- ted to American democratic values and dependent world, we should bear two meaningful interaction among all par- who understand the tangible economic, ties in the region. important considerations in mind: We political, and social benefits that a must act with budgetary responsibility The Administration, Mr. President, commitment to democracy producers. will soon deal with the difficult fund- and we must not assume that govern- These New York State chartered in- ment itself is always the best agent to ing choices as the budget necessarily stitutions continue to have strong begins to decrease. And I understand implement our international goals. American ties and a long tradition of I believe that private entities, such that budget realities may dictate as- teaching students the value of an sistance to a smaller number of univer- as educational institutions, have an American education. As a result, their sities abroad than in the past. How- important role to play in advancing students learn to appreciate such fun- ever, as decisions are being made to al- our foreign policy goals. American edu- damental American values as toler- locate funding levels, I strongly urge cation is recognized throughout the ance, freedom of thought and expres- the Administration to maintain as a world as one of our greatest national sion, and private initiative. Maintain- high priority continued funding for the assets, and it can be invaluable in ing these attributes is extremely im- American University of Beirut and the shaping America’s image abroad, pro- portant to the people of Lebanon as Lebanese American University. I am moting political and social pluralism, well as to those in the region of the not alone in this conclusion, as clearly instilling the American ideals of toler- Middle East. reflected by the language contained in ance and freedom of expression, ex- The American University of Beirut both the House and Senate Appropria- panding markets for U.S. commodities and the Lebanese American University tions Committee reports. The Senate and products, and encouraging private have nurtured the best American tradi- report states: initiative and economic growth. tion of voluntarism. Having been estab- The Committee continues to strongly sup- An American education is prestigious lished by individual citizens motivated port the important work carried out by in- and in high demand in virtually every by a strong conviction, these institu- stitutions funded under the American country. Those receiving such an edu- tions have had a responsibility to bet- Schools and Hospitals Abroad (ASHA) Pro- cation frequently rise to their coun- ter society. Such a tradition continues gram. The Committee support is based in try’s most senior leadership positions today. I believe it is good policy for us part on the effective use of public resources in government and in the private sec- to encourage this spirit of voluntarism to leverage private sector funds. The Com- tor. As effective instruments to spread mittee believes that several institutions and, in the process, achieve important which have received funding under ASHA American influence, privately spon- United States goals such as helping to have distinguished records and deserve fur- sored American educational institu- rebuild Lebanon’s democracy and pro- ther support including: The American Uni- tions undoubtedly surpass direct U.S. moting regional sustainable develop- versity of Beirut which has trained Middle Government programs. Quite modest ment. Eastern leaders for 130 years in a strong lib- levels of government assistance can be These educational institutions also eral arts tradition encouraging freedom of leveraged by these private institutions help promote American culture and expression, private initiative, and tolerance. to achieve fundamentally important values amongst the influential decision Its academic quality, longstanding relation- ship with regional governments, network of American goals, and do so without makers in the Middle East. These uni- prominent alumni and distinction as a hub of costly government bureaucracy. versities train students who are then high level global expertise make the univer- In no part of the world can the con- able to communicate, share values, and sity a primary resource for regional develop- tribution of American education to work with Americans in business, gov- ment. The Lebanese American University December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18745 (formerly Beirut College) is the most rapidly dented commitment to preventing ille- Among the report’s most controversial growing institution of higher learning in gal immigration through increased en- findings is Simon’s conclusion that govern- Lebanon and is an increasingly important re- forcement at the border and in the ment expenditures are lower for immigrants source for talent in this expanding region. workplace. We in Congress should con- than for native-born Americans. According to the report, the average immi- The House report contains similar tinue this effort and work hand in hand language. grant family received $1,404 in welfare serv- with the administration in this endeav- ices in its first five years in the country. Na- The Committee notes that over the years a or. In so doing, however, we should not tive-born families averaged $2,279, Simon number of quality educational institutions disturb our system of legal immigra- writes. The report makes these other points: have received both development and Eco- tion, which works now and has worked The number of illegal immigrants in the nomic Support Fund assistance, including in America for centuries. United States—estimated at 3.2 million—is the American University of Beirut, . . . and not very different from a decade before. the Lebanese American University. The The difference between legal and ille- gal immigration is the subject of much More than half of illegal immigrants enter Committee recommends that best efforts be legally and over-stay their visas; less than made to continue assistance for institutions public confusion. It is up to Congress, half enter clandestinely. of this nature, with the highest priority as- with the help of such reports as the New immigrants are more concentrated signed to those lacking alternative sources SIMON report, to keep the two issues than native-born citizens in the youthful of funding. distinct, and to focus its attention on labor force ages when people contribute Mr. President, I believe that contin- the real immigration problem: illegal more to the public coffers than they draw ued support of these two institutions is immigration. out. in the national interest of the United The article follows: Immigrants on average have a year less States. As I have stated, continued [From the Los Angeles Times, Dec. 11, 1995] education than natives—about the same re- lationship as has been observed back to the funding of these institution is a con- STUDY PAINTS A POSITIVE PICTURE OF 19th century. gressional priority and I hope that the IMMIGRATION Such optimistic findings collide with the administration will agree. ∑ COSTS: BOTH LEGAL AND ILLEGAL IMMIGRANTS views of other researchers. f USE FEWER GOVERNMENT RESOURCES THAN ‘‘His numbers are conventional and NATIVE-BORN CITIZENS, REPORT SAYS unremarkable,’’ said Mark Krikorian of the THE BENEFITS OF LEGAL (By James Bornemeier) Center for Immigration Studies in Washing- IMMIGRATION WASHINGTON.—A new study on the effects ton, ‘‘The question is what sort of spin Ju- Mr. SIMON. Mr. President, as immi- of immigration finds that total per capita lian puts on them. He has his bias, and the gration reform legislation moves closer government expenditures are much lower for bias has a very significant influence on the interpretation he has put on the facts.’’ to the House and Senate floors, a new immigrants—legal and illegal—than for na- tive-born citizens. As an example, Simon says the number of study has appeared that confirms what The report also paints an upbeat picture of immigrant high school dropouts has been de- many of us on both sides of the aisle immigrants’ educational achievements and clining. For example, Krikorian said, Simon have been saying all along: That legal asserts that the nation’s natural resources reports that the number of immigrant high immigrants confer net economic bene- and environment are unaffected by the influx school dropouts has been declining. fits on American society. of immigrants. ‘‘But what he doesn’t mention,’’ said The study, entitled ‘‘Immigration: ‘‘As of the 1970s, immigrants contributed Krikorian, ‘‘is the gap between the percent- The Demographic and Economic more to the public coffers in taxes than they age of American high school dropouts and drew out in welfare services,’’ the report the percentage of immigrant high school Facts,’’ is authored by University of says. ‘‘The most recent data * * * show that dropouts is widening. It’s pretty obvious that Maryland professor Julian SIMON (no each year an average immigrant family put the education gap is increasing. By not ad- relation) and published by the Cato In- about $2,500 into the pockets of natives from dressing [that] he makes his document an stitute and the National Immigration this excess of taxes over public costs.’’ advocacy document.’’ ∑ Forum in association with a diverse co- The study, to be issued this morning in f alition of over 20 organizations. I would Washington by the National Immigration Forum, an immigration-advocacy group, and TRIBUTE TO PATTY CALLAGHAN like to include for the RECORD a Los the Cato Institute, a conservative think Mr. BAUCUS. Mr. President, I wish Angeles Times article from December tank, comes at a time when Congress is ∑ 11, 1995 previewing the report’s find- wrestling with major immigration bills and today to give tribute to one of Eastern ings, which include the following: public opinion is increasingly negative on Montanan’s treasures, Patty The current rate of immigration is immigration issues. Callaghan. Patty recently retired after only about one-third the rate of immi- Legislation is progressing in both houses of 20 years with Action for Eastern Mon- gration at the beginning of the cen- Congress to clamp down on illegal immigra- tana. tury. tion and—to the dismay of many immigra- Patty retired as executive director to Total per capita government expendi- tion advocates—restrict entry of legal immi- attend Luther Seminary in St. Paul grants as well. tures are lower for immigrants than for The issue has split Republicans, some of MN. She hopes to return to eastern native-born Americans. whom see the free flow of legal immigrants Montana as a lay leader with rural The effect of immigration on Ameri- as an economic boon to the country. Immi- churches. cans’ wages is limited. grant-rights groups say the political activ- Montana needs more leaders like Because new immigrants are more ism to stem illegal immigration has unfairly Patty Callaghan. Rural Montana needs concentrated than native-born Ameri- led to the limitations on legal immigrants. the love for and knowledge of our state cans in the youthful labor force ages, But groups pushing for stronger restric- that people like Patty have. tions on immigration branded the report, au- they tend to contribute more to the thored by University of Maryland professor Patty’s work with action actually led public coffers than they draw out. Julian L. Simon, as biased. to here decision to choose the semi- Educational levels among immi- ‘‘Julian Simon is not a liar,’’ said Dan nary. When funding cutbacks in the grants have increased from decade to Stein, executive director of the Federation programs that she administers forced decade. for American Immigration Reform, ‘‘but he her to look to other resources, Patty These conclusions again confirm that gets as close as anyone can be to one. He is found the churches responding gener- current levels of legal immigration are intentionally deceptive, manipulative and ously. She found the needs of rural grossly in error.’’ Signifying the sensitivity not a problem for America. In fact, the of the issue, more than 20 interest groups communities to be much the same as legal immigrants of today demonstrate and think tanks have signed on to the re- the congregations—energy, leadership the same work ethic and imagination port, and they span the political spectrum— for change, accountability, respect and that characterized their predecessors of from the immigrant-rights group, the Na- compassion. decades ago, and continue to be a vital tional Council of La Raza, to the Progress Patty has dealt with many family is- component of our Nation’s well-being. and Freedom Foundation, an organization sues that will serve her will in her new The same cannot be said of illegal closely associated with House Speaker Newt life. She found the work at Action for immigrants. These individuals should Gingrich. Eastern Montana rewarding and the House Majority Leader Dick Armey, a be the subject of our attention as im- strong supporter of legal immigration, is Glendive community generous when a migration reform legislation winds its scheduled to address the Capitol press con- need was identified. way through Congress. This adminis- ference where the report is to be released In a recent tribute to Patty, family tration has demonstrated an unprece- today. members, coworkers, friends and many S 18746 CONGRESSIONAL RECORD — SENATE December 15, 1995 others including Montana’s Governor cial administrator concluded Thursday that Sooner rather than later, you’re probably Marc Racicot expressed their respect the students did not violate the college’s going to be able to sit at a computer in your and appreciation for her life’s work. code of conduct. home office and lose everything you own, in- I would also like to express my pro- That judgment will further infuriate those cluding the computer you’re sitting at in outraged by this sexist attack. But this your home office. found respect and admiration for Patty sorry tale takes a turn for the better. Such are the perils of gambling and the Callaghan and what she has done for As the students’ bad taste became public, wonders of technology. eastern Montana. Public service can the e-mail response was so loud and large Lately there’s been a lot of talk about set- bring out the best and worst in people. that it brought a prompt response from the ting up ‘‘virtual casinos’’ on the information With Patty, her compassion and caring university highway—onscreen gambling emporiums has only deepened. Eastern Montana The students now have ‘‘offered’’ to attend that will be constructed on computer net- gender-sensitivity training, perform commu- works so that you won’t have to fly to Las desperately needs this commitment to Vegas or even drive out to Aurora to play its communities. nity service and apologize in person to senior Cornell administrators. craps or roulette or poker. All you’ll have to Thank you, Patty. We wish you the Had the students been denied the right to do is log on, enter an access code, provide a best and look forward to seeing you make their sexist views public, those views credit card number and bingo! again soon.∑ Bingo. They’ll probably have that, too. might have gone unchallenged and un- If you win, you’ll receive electronic cred- f changed. All of which shows again that the its. If you lose, you’ll be charged on your best remedy for offensive speech is not a re- HATE SPEECH ON NET next Visa or American Express statement. strictive rule but an eloquent reply.∑ This is a frightening concept. As it is, real ∑ Mr. SIMON. Mr. President, I would f casinos are designed to provide a cushion be- like to draw my colleagues’ attention tween you and reality. The absence of to an editorial in the November 17, TRIBUTE TO MS. ELEANOR L. clocks, the lack of windows, the waitresses 1995, issue of USA Today, called Hate CARTER providing you with complementary drinks, Speech on the Net. Mr. SIMON. Mr. President, I would the conversion of hundred-dollar bills into As many of my colleagues are aware, like to commend one of my constitu- toyish black chips that you flick around like bottle caps—all are tools to make it easier to college campuses have been at the cen- ents, Ms. Eleanor L. Carter, on the oc- separate you from your money. ter of the debate over hate speech. Sev- casion of her retirement from the Fed- And it works. Those huge, tacky, gleam- eral universities have established re- eral Government. ing, zillion-dollar palaces in Las Vegas are strictive rules on speech and have pun- Ms. Carter, a native of Chicago, IL, owned by the folks who are taking the bets, ished students with probation or even will retire as a claims representative not the folks who are making the bets. They dismissal. These rules, while certainly with the Social Security Administra- build the 5,000-room hotels and the cages for established with the best intentions, do tion after 35 years of service. She start- the white tigers and the pirate ships and the fake pyramids with your money. raise serious issues of free speech. ed work on August 11, 1960 as a ‘‘bal- Still, at least when you bet with chips, As Americans, we are allowed to say ancing clerk’’ for the U.S. Department you’re vaguely aware that they represent what we want, as long as it does not of Treasury. After a year of service, real money. Watching a stack of those chips threaten public safety, no matter how Ms. Clark transferred to the Social Se- shrink can be a painful experience; you can much it may offend others. Voltaire is curity Administration, and after sev- see and feel some proof of the fact that credited with saying, ‘‘I disagree with eral promotions, she continues to be an you’re losing. what you say but I am ready to fight to asset in her capacity as a claims rep- Others around you, including the employ- ees of the casino and your fellow gamblers, the death to preserve your right to say resentative. also provide some stimuli. But if you’re it.’’ I would like to add: and then I will Mr. President, I join Ms. Carter’s alone at a keyboard, there’s no human ele- speak out against what you have said. family and many friends in congratu- ment, nobody to cluck in sympathy when As this editorial points out, a recent lating her on an exemplary career, and you lose, or slide some chips your way when episode at Cornell University illus- wishing her all the best for the future. you win. There’s no sense that you’re truly trates that a better response to hate Illinois has benefitted greatly from her risking your money. So it will be ridicu- speech is often an eloquent reply. superb service. lously, tragically easy for the gambler to log I ask that the full text of the edi- on and lose a huge chunk of money in a sin- f gle session online. torial be printed in the RECORD. I put this theory to the test by playing a The editorial follows: COMPUTER BETTORS CAN BE SURE OF LOSING three-day round of blackjack on my personal [From USA Today, Nov. 17, 1995] computer and keeping a record of my ‘‘wins’’ HATE SPEECH ON THE NET Mr. SIMON. Mr. President, Richard and ‘‘losses.’’ Roeper, who is a regular columnist The game on my Windows ’95 program is A tasteless but not harmless college prank called ‘‘Dr. Blackjack.’’ Little boxes at the got the national attention it deserved this with the Chicago Sun-Times, recently had a column headed, ‘‘Computer Bet- top of the screen keep track of wins and week when four Cornell freshmen made the losses for each session, as well as a running mistake of sharing their raunchy degrada- tors Can Be Virtually Sure of Losing,’’ tally for a player. tion of women via the Internet. which I ask to be printed in the RECORD Monday, 8:43 a.m. I set the computer for The four sent an e-mail message listing ‘‘75 in full after my remarks. $50 wagers and tell the electronic dealer to reasons why women (bitches) should not It is not simply an editorial column deal—and our respective cards appear on the have freedom of speech.’’ After the message with that conclusion. Mr. Roeper goes screen almost instantly. With a click of the was spread—and attacked—they expressed mouse, I can then decide to stay, hit, split, ‘‘deep remorse.’’ In an apology published in into the specifics of what happened to him when he placed bets. double down, even buy insurance against a the campus newspaper, they insisted they dealer blackjack. As soon as I make my deci- didn’t mean any of the things they wrote. Some people wonder why we should sion, the computer plays out the dealer’s Please. have a commission to look at the hand in literally the blink of an eye, much If they didn’t mean to trash women, why whole phenomenon of legalized gam- faster than the slickest human dealer. was their list so demeaning, degrading and bling in the United States. By 9 a.m. I’m up $450, each winning hand threatening? If they meant to share this list It is spreading rapidly, and I don’t accompanied by an electronic deedle-deedle- with just a few of their buddies, why did they know what we do about the phenome- dee! of joy, each losing hand stomped on by send it on the Internet, where so many other a sharp buzzer. students pulled up the list that at least one non of computers and gambling, just as After two hours I’m at the $500 mark in school’s computer system crashed? one example. winnings. A nice round number, so I sign off. Their juvenile attempts at humor included The column follows: Don’t have a stack of chips to pocket, don’t such sexist slaps as: ‘‘Big breasts speak for [From the Chicago Sun-Times, Dec. 10, 1995] have a dealer to tip. themselves.’’ ‘‘Female drunks are annoying Monday, 4:47 p.m. My plus-$500 total is COMPUTER BETTORS CAN BE VIRTUALLY SURE unless they put out.’’ ‘‘If she can’t speak, she waiting for me when I sign on. I’m playing OF LOSING can’t cry rape.’’ Other suggestions were sim- with the casino’s money, so I up my wager ply too vulgar to repeat. (By Richard Roeper) amount to $100 per hand. Freshmen with the brains to get into a ‘‘The technology will allow people to bet Monday, 5:03 p.m. Down $2,300. That is not prestigious Ivy League college should have on anything they choose to, and if it’s legal, a misprint. During one stretch I lost nine known this list was not harmless fun. someone is sure to set up a service.’’—Bill hands in a row. A note appears on my screen, Cornell acknowledged this episode ‘‘of- Gates, discussing the potential for gambling telling me I’ve lost too much in one sitting fended, angered and distressed.’’ But its judi- on the Internet in The Road Ahead. and should take a break. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18747 Somehow I think the virtual casinos of the to consolidate the foreign affairs agencies of Sec. 162. Fee for execution of passport applica- future won’t have that feature. the United States; to authorize appropria- tions. Monday, 11 p.m. I know I should stay away tions for the Department of State and relat- Sec. 163. Fees for machine readable visas. from the table, but what the heck, I’m here ed agencies for fiscal years 1996 and 1997; to Sec. 164. Children adopted abroad. to gamble, right? I’m down $2,300, so it seems responsibily reduce the authorizations of ap- Sec. 165. Consular officers. unwise to play for only $100 a hand; I’ll never propriations for United States foreign assist- Sec. 166. Exclusion from the United States for get my money back. So I increase my wager ance programs for fiscal years 1996 and 1997, membership in a terrorist organi- to $200. and for other purposes’’, do pass with the fol- zation. Boom Boom Boom Boom, four winning lowing amendment: Sec. 167. Incitement as a basis for exclusion hands in a row, including a blackjack, and Strike out all after the enacting clause and from the United States. I’m down only $1,400 now, We’re rolling. insert: Sec. 168. Visit of the president of the Republic Tuesday, 12:35 a.m. It’s been a long, hard SECTION 1. SHORT TITLE. of China on Taiwan. struggle, but I’m exactly even for the day. Of This Act may be cited as the ‘‘Foreign Rela- Sec. 169. Terrorist Lookout Committees. course, so is everyone else who hasn’t played tions Revitalization Act of 1995’’. Sec. 170. Sense of Congress on border crossing a single hand of blackjack, and they didn’t fees. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; spend four hours sitting at a computer ter- TABLE OF CONTENTS. TITLE II—UNITED NATIONS minal. (a) DIVISIONS.—This Act is organized into two CHAPTER 1—FUNDING; BUDGETARY AND Tuesday, 12:39 a.m. Down $800. Should have divisions as follows: MANAGEMENT REFORM quit while I was even. (1) Division A—Foreign Relations Authoriza- Tuesday, 6:30 a.m. Now betting $300 per Sec. 201. Assessed contributions to the United tion Act, Fiscal Years 1996–1999. hand. Occasionally, when I make the incor- Nations and affiliated agencies. (2) Division B—Foreign Affairs Reinvention rect decision, an electronic ‘‘cheat sheet’’ Sec. 202. Assessed contributions for inter- Act of 1995. appears on the screen and I’m asked if I’m national peacekeeping activities. (b) TABLE OF CONTENTS.—The table of con- Sec. 203. Calculation of assessed contributions. sure this is the move I want to make. What tents for this Act is as follows: they’re really saying is, ‘‘Split those 8’s, Sec. 204. Reform in budget decisionmaking pro- bonehead.’’ Sec. 1. Short title. cedures of the United Nations and Again I doubt this feature will exist when Sec. 2. Organization of Act into divisions; table its specialized agencies. you’re playing for real money. And though I of contents. Sec. 205. United Nations budgetary and man- know it’s for my benefit, it gets annoying, DIVISION A—FOREIGN RELATIONS AU- agement reform. and sometimes I stubbornly refuse to follow THORIZATION ACT, FISCAL YEARS 1996– Sec. 206. Whistleblower provision. the suggested strategy. I always lose those 1999 CHAPTER 2—UNITED NATIONS PEACEKEEPING hands. Sec. 101. Short title. Sec. 211. Annual report on United States con- Tuesday, 8 a.m. Had a good run. I’m up TITLE I—DEPARTMENT OF STATE AND tributions to United Nations $1,600. Time for a break. RELATED AGENCIES peacekeeping activities. Tuesday, 6:05 p.m. What the heck, I won Sec. 212. Prior congressional notification of Se- money this afternoon and I’m winning CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS curity Council votes on United money now and I’m ‘‘going home’’ after to- Nations peacekeeping activities. morrow’s session, so why not increase the Sec. 111. Administration of foreign affairs. Sec. 213. Codification of required notice to Con- Sec. 112. Migration and refugee assistance. bets to my limit, $500? gress of proposed United Nations Tuesday 6:30 p.m. Doubled down with an 11 CHAPTER 2—AUTHORITIES AND ACTIVITIES peacekeeping activities. and drew a 10. The dealer had a 17. That’s a Sec. 121. Lease-purchase of overseas property. Sec. 214. Limitation on assessment percentage $1,000 win on a single hand. I’m now up $4,850. Sec. 122. United States Embassy building in for peacekeeping activities. Tuesday, 8:15 p.m. The computer is saying Berlin, Germany. Sec. 215. Buy America requirement. I’ve won too much and a graphic appears Sec. 123. Fees for commercial services. Sec. 216. Restrictions on intelligence sharing that accuses me of counting cards! I’m forced Sec. 124. Reduction of reporting requirements. with the United Nations. to sign off for the night. Up six grand and Sec. 125. Buying power maintenance account. Sec. 217. UNPROFOR funding restrictions. change. Sec. 126. Capital investment fund. Sec. 218. Escalating costs for international Wednesday, 7 a.m. In just a few minutes Sec. 127. Administrative expenses. peacekeeping activities. I’ve raised my winnings to $11,350. If I could Sec. 128. Fee for use of diplomatic reception Sec. 219. Definition. press a button that would turn those num- rooms. TITLE III—OTHER INTERNATIONAL bers into real money, would I do it? Doubt- Sec. 129. Contracts at posts abroad. ORGANIZATIONS ful. Why stop when you’re hot? Sec. 130. Expenses relating to certain inter- Wednesday, 8:50 p.m. Hovering at the national claims and proceedings. CHAPTER 1—AUTHORIZATION OF $11,000 mark. Had a great daytime session Sec. 131. Diplomatic Telecommunications Serv- APPROPRIATIONS and I’m ready for more. ice. Sec. 301. International conferences and contin- Wednesday, 10:30 p.m. I’m looking at the Sec. 132. Diplomatic Telecommunications Serv- gencies. figures on the screen but I don’t believe it. ice Program Office. Sec. 302. International commissions. How can I be down $11,000? If I hear that Sec. 133. International Center reserve funds. Sec. 303. International Boundary and Water loser-buzzer one more time I’m going to Sec. 134. Joint funds under agreements for co- Commission. smash this keyboard. I want to increase my operation in environmental, sci- Sec. 304. Inter-American organizations. limit, but I can’t. Five hundred is the maxi- entific, cultural and related areas. CHAPTER 2—GENERAL PROVISIONS mum. Sec. 135. United States diplomatic facilities in Sec. 311. International criminal court participa- Wednesday, 11 p.m. All right, a comeback. Kosova. I’m down only $7,750. One hour left before my Sec. 136. Antibribery study. tion. self-imposed midnight deadline. Sec. 137. Budget Act compliance. Sec. 312. Prohibition on assistance to inter- national organizations espousing Midnight. That’s it, time is up. For the CHAPTER 3—PERSONNEL three days, I ‘‘lost’’ $1,750—and I’m happy world government. Sec. 141. Authorized strength of the Foreign with that. I consider that a real triumph. Sec. 313. Termination of United States partici- Which is pretty sick when you think about Service. pation in certain international or- it. Sec. 142. Restriction on lobbying activities of ganizations. Sure, this was only a simulation. I’m sure former United States chiefs of mis- Sec. 314. International covenant on civil and I’d have better self-control with real money, sion. political rights. even at a virtual casino. But it was scary Sec. 143. Foreign Service grounding in United Sec. 315. United States participation in single enough watching those numbers change so States business. commodity international organi- quickly, even though I knew they didn’t Sec. 144. Foreign affairs administrative support. zations. mean anything. Sec. 145. Foreign Service reform. Sec. 316. Prohibition on contributions to the If virtual casinos ever became a reality, Sec. 146. Limitations on management assign- International Natural Rubber Or- it’ll be the people on the other side of the ments. ganization. Sec. 147. Report on promotion and retention of computers who will be smiling.∑ Sec. 317. Prohibition on contributions to the personnel. f International Tropical Timber Or- Sec. 148. Recovery of costs of health care serv- ganization. FOREIGN RELATIONS ices. Sec. 318. General Accounting Office study of REVITALIZATION ACT Sec. 149. Nonovertime differential pay. the cost-effectiveness and effi- Sec. 150. Access to records. ciency of international organiza- The text of the bill H.R. 1561, as Sec. 151. Training. tions to which the United States Sec. 152. Redesignation of National Foreign Af- passed by the Senate on December 14, makes contributions. 1995, is as follows: fairs Training Center. Sec. 319. Sense of Congress on United Nations Resolved, That the bill from the House of CHAPTER 4—CONSULAR AND RELATED ACTIVITIES Fourth World Conference on Representatives (H.R. 1561) entitled ‘‘An Act Sec. 161. Fee for diversity immigrant lottery. Women in Beijing, China. S 18748 CONGRESSIONAL RECORD — SENATE December 15, 1995 TITLE IV—UNITED STATES INFORMA- TITLE XII—UNITED STATES ARMS TITLE XVI—TRANSITION PROVISIONS TIONAL, EDUCATIONAL, AND CULTURAL CONTROL AND DISARMAMENT AGENCY Sec. 1601. Transfer of functions. PROGRAMS Sec. 1201. Abolition of ACDA; references in Sec. 1602. Determination of transferred func- CHAPTER 1—AUTHORIZATION OF part. tions and employees. APPROPRIATIONS Sec. 1202. Repeal of positions and offices. Sec. 1603. Reorganization plan for the United Sec. 401. Authorization of appropriations. Sec. 1203. Authorities of the Secretary of State. States Arms Control and Disar- Sec. 1204. Authorization of appropriations. Sec. 402. National Endowment for Democracy. mament Agency. Sec. 1205. Conforming amendments. Sec. 1604. Reorganization plan for the United CHAPTER 2—USIA AND RELATED AGENCIES Sec. 1206. References in law. States Information Agency. AUTHORITIES AND ACTIVITIES Sec. 1207. Effective date. Sec. 1605. Reorganization plan for the Agency Sec. 411. Participation in international fairs TITLE XIII—UNITED STATES for International Development. and expositions. INFORMATION AGENCY Sec. 1606. Additional requirements and limita- Sec. 412. Extension of au pair programs. Sec. 1301. Abolition. tions on reorganization plans. Sec. 413. Pilot program on advertising on USIA Sec. 1302. References in law. Sec. 1607. Amendments or modifications to reor- television and radio broadcasts. Sec. 1303. Amendments to title 5. ganization plans. Sec. 414. Availability of Voice of America and Sec. 1304. Amendments to United States Infor- Sec. 1608. Procedures for congressional consid- Radio Marti multilingual com- mation and Educational Ex- eration of reorganization plans. puter readable text and voice re- change Act of 1948. Sec. 1609. Transition fund. cordings. Sec. 1305. Amendments to the Mutual Edu- Sec. 1610. Voluntary separation incentives. Sec. 415. Plan for Radio Free Asia. cational and Cultural Exchange Sec. 1611. Rights of employees of abolished Sec. 416. Expansion of Muskie fellowship pro- Act of 1961 (Fulbright-Hays Act). agencies. gram. Sec. 1306. International broadcasting activities. Sec. 1612. Transfer and allocations of appro- Sec. 417. Changes in administrative authorities. Sec. 1307. Television broadcasting to Cuba. priations and personnel. Sec. 418. General Accounting Office study of Sec. 1308. Radio broadcasting to Cuba. Sec. 1613. Personnel authorities for transferred duplication among certain inter- Sec. 1309. National Endowment for Democracy. functions. Sec. 1310. United States Scholarship Program national affairs grantees. Sec. 1614. Property and facilities. Sec. 419. General Accounting Office study of for developing countries. Sec. 1615. Delegation and assignment. Sec. 1311. National Security Education Board. activities of the North/South Cen- Sec. 1616. Rules. Sec. 1312. Center for Cultural and Technical ter in support of the North Amer- Sec. 1617. Incidental transfers. Interchange Between North and ican Free Trade Agreement. Sec. 1618. Effect on contracts and grants. Sec. 420. Mansfield Fellowship Program re- South. Sec. 1619. Savings provisions. Sec. 1313. Center for Cultural and Technical quirements. Sec. 1620. Separability. Interchange Between East and Sec. 421. Distribution within the United States Sec. 1621. Other transition authorities. of the United States Information West. Sec. 1622. Additional conforming amendments. Sec. 1314. Mission of the Department of State. Sec. 1623. Final report. Agency film entitled ‘‘The Fragile Sec. 1315. Consolidation of administrative serv- Sec. 1624. Definitions. Ring of Life’’. ices. TITLE V—UNITED STATES ARMS CONTROL Sec. 1316. Grants. DIVISION A—FOREIGN RELATIONS AU- AND DISARMAMENT AGENCY AND THE Sec. 1317. Ban on domestic activities. THORIZATION ACT, FISCAL YEARS 1996– AGENCY FOR INTERNATIONAL DEVELOP- Sec. 1318. Conforming repeal to the Arms Con- 1999 MENT trol and Disarmament Act. SEC. 101. SHORT TITLE. Sec. 501. Authorization of appropriations. Sec. 1319. Repeal relating to procurement of This division may be cited as the ‘‘Foreign Re- Sec. 502. Statutory construction. legal services. lations Authorization Act, Fiscal Years 1996– Sec. 1320. Repeal relating to payment of subsist- Sec. 503. Operating expenses. 1999’’. ence expenses. Sec. 504. Operating expenses of the Office of the TITLE I—DEPARTMENT OF STATE AND Inspector General. Sec. 1321. Conforming amendment to the SEED Act. RELATED AGENCIES TITLE VI—FOREIGN POLICY Sec. 1322. International Cultural and Trade CHAPTER 1—AUTHORIZATION OF Sec. 601. Repeal of provisions relating to Center Commission. APPROPRIATIONS interparliamentary groups. Sec. 1323. Other laws referenced in Reorganiza- SEC. 111. ADMINISTRATION OF FOREIGN AFFAIRS. Sec. 602. Repeal of executive branch member- tion Plan No. 2 of 1977. (a) IN GENERAL.—The following amounts are Sec. 1324. Exchange program with countries in ship on the Commission on Secu- authorized to be appropriated for the Depart- transition from totalitarianism to rity and Cooperation in Europe. ment of State under the heading ‘‘Administra- Sec. 603. Authorized payments. democracy. tion of Foreign Affairs’’ to carry out the au- Sec. 604. Reports regarding Hong Kong. Sec. 1325. Edmund S. Muskie Fellowship Pro- thorities, functions, duties, and responsibilities Sec. 605. Applicability of Taiwan Relations Act. gram. Sec. 606. Taipei representative office. Sec. 1326. Implementation of Convention on in the conduct of the foreign affairs of the Unit- Sec. 607. Report on occupied Tibet. Cultural Property. ed States and for other purposes authorized by Sec. 608. Special envoy for Tibet Act of 1995. Sec. 1327. Mike Mansfield Fellowships. law, including the diplomatic security program: Sec. 609. Prohibition on use of funds to facili- Sec. 1328. United States Advisory Committee for (1) DIPLOMATIC AND CONSULAR PROGRAMS.— tate Iraqi refugee admissions into Public Diplomacy. For ‘‘Diplomatic and Consular Programs’’, of the United States. Sec. 1329. Effective date. the Department of State $1,688,500,000 for the Sec. 610. Special envoy for Nagorno-Karabakh. TITLE XIV—AGENCY FOR INTERNATIONAL fiscal year 1996, $1,612,000,000 for the fiscal year Sec. 611. Report to Congress concerning Cuban DEVELOPMENT AND THE INTER- 1997, $1,867,500,000 for the fiscal year 1998, and emigration policies. NATIONAL DEVELOPMENT COOPERA- $1,856,000,000 for the fiscal year 1999. Sec. 612. Efforts against emerging infectious TION AGENCY (2) SALARIES AND EXPENSES.—For ‘‘Salaries and Expenses’’, of the Department of State diseases. Sec. 1401. Abolitions; references in part. Sec. 613. Report on firms engaged in export of Sec. 1402. References in the Foreign Assistance $368,000,000 for the fiscal year 1996, $373,000,000 dual-use items. Act of 1961. for the fiscal year 1997, $725,000,000 for the fiscal Sec. 614. Prohibition on the transfer of arms to Sec. 1403. Exercise of functions by the Secretary year 1998, and $681,500,000 for the fiscal year Indonesia. of State. 1999. Sec. 615. Middle East Peace Facilitation Act of Sec. 1404. Repeal of positions; employment and (3) ACQUISITION AND MAINTENANCE OF BUILD- 1995. contracting authorities. INGS ABROAD.—For ‘‘Acquisition and Mainte- DIVISION B—CONSOLIDATION AND Sec. 1405. Development Loan Committee. nance of Buildings Abroad’’, $401,760,000 for the REINVENTION OF FOREIGN AFFAIRS Sec. 1406. Development Coordination Commit- fiscal year 1996, $401,760,000 for the fiscal year AGENCIES tee. 1997, $401,760,000 for the fiscal year 1998, and Sec. 1407. Public Law 83–480 Program. $401,760,000 for the fiscal year 1999. Sec. 1001. Short title. Sec. 1408. Conforming amendments to title 5, (4) REPRESENTATION ALLOWANCES.—For ‘‘Rep- Sec. 1002. Purposes. United States Code. resentation Allowances’’, $4,500,000 for the fis- TITLE XI—ORGANIZATION OF THE DE- Sec. 1409. Trade Promotion Coordinating Com- cal year 1996, $4,500,000 for the fiscal year 1997, PARTMENT OF STATE AND FOREIGN mittee. $4,500,000 for the fiscal year 1998, and $4,500,000 SERVICE Sec. 1410. Chief Financial Officer. for the fiscal year 1999. Sec. 1101. Office of the Secretary of State. Sec. 1411. References in law. (5) EMERGENCIES IN THE DIPLOMATIC AND CON- Sec. 1412. Effective date. Sec. 1102. Assumption of duties by incumbent SULAR SERVICE.—For ‘‘Emergencies in the Diplo- appointees. TITLE XV—PLANS FOR CONSOLIDATION matic and Consular Service’’, $6,000,000 for the Sec. 1103. Consolidation of United States diplo- AND REINVENTION OF FOREIGN AFAIRS fiscal year 1996, $6,000,000 for the fiscal year matic missions and consular posts. AGENCIES 1997, $6,000,000 for the fiscal year 1998, and Sec. 1104. Procedures for coordination of Gov- Sec. 1501. Reorganization of the Department of $6,000,000 for the fiscal year 1999. ernment personnel at overseas State and the independent foreign (6) OFFICE OF THE INSPECTOR GENERAL.—For posts. affairs agencies. ‘‘Office of the Inspector General’’, $23,350,000 December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18749 for the fiscal year 1996, $23,000,000 for the fiscal (1) to acquire appropriate housing for Depart- to the maximum extent practicable, avoid enter- year 1997, $48,500,000 for the fiscal year 1998, ment of State personnel stationed abroad and ing into a contract for procurement of property and $48,500,000 for the fiscal year 1999. for the acquisition of other facilities, in loca- or services that can be procured for that agency (7) FOREIGN SERVICE RETIREMENT AND DISABIL- tions in which the United States has a diplo- under an existing contract, or by a modification ITY FUND.—For the ‘‘Foreign Service Retirement matic mission; and (in accordance with subsection (b)) of an exist- and Disability Fund’’, $125,402,000 for the fiscal (2) during fiscal years 1996 through 1999. ing contract, of another agency of the Federal year 1996, $125,402,000 for the fiscal year 1997, (c) AUTHORIZATION OF FUNDING.—Funds for Government that performs functions at diplo- $132,000,000 for the fiscal year 1998, and lease-purchase arrangements made pursuant to matic and consular posts abroad. $135,000,000 for the fiscal year 1999. subsection (a) shall be available from amounts (b) MODIFICATION OF CONTRACTS.—Notwith- (8) PAYMENT TO THE AMERICAN INSTITUTE IN appropriated under the authority of section standing any provision of law that requires the TAIWAN.—For ‘‘Payment to the American Insti- 111(a)(3) (relating to the Acquisition and Main- use of competitive procedures in Federal Gov- tute in Taiwan’’, $15,400,000 for the fiscal year tenance of Buildings Abroad’’ account). ernment procurements, a contract of an agency 1996, $15,400,000 for the fiscal year 1997, SEC. 122. UNITED STATES EMBASSY BUILDING IN of the Federal Government performing functions $15,400,000 for the fiscal year 1998, and BERLIN, GERMANY. at diplomatic or consular posts abroad that has $15,400,000 for the fiscal year 1999. It is the sense of the Congress that the Sec- been awarded using competitive procedures may (9) PROTECTION OF FOREIGN MISSIONS AND OF- retary of State should— be modified to increase the quantity of the prop- FICIALS.—For ‘‘Protection of Foreign Missions (1) utilize, as the United States Embassy to erty or services to be procured under the con- and Officials’’, $8,579,000 for the fiscal year Germany, property held by the United States tract in order to provide for procurement of the 1996, $8,579,000 for the fiscal year 1997, Government under the Foreign Service Building property or services for another agency perform- $8,579,000 for the fiscal year 1998, and $8,579,000 ing functions at diplomatic or consular posts for the fiscal year 1999. Act, 1926, in the vicinity of the Brandenburg abroad if the cost to the United States of each (10) CAPITAL INVESTMENT FUND.—For the Gate in Berlin, Germany; and ‘‘Capital Investment Fund’’, $32,800,000 for each (2) be authorized to make any improvements unit of the property or services procured under of the fiscal years 1996 and 1997 and $25,000,000 necessary. the contract is not increased by the modifica- for each of the fiscal years 1998 and 1999. SEC. 123. FEES FOR COMMERCIAL SERVICES. tion. (c) DEFINITION.—For the purposes of this sec- (11) ASIA FOUNDATION.—For ‘‘The Asia Foun- Section 52 of the State Department Basic Au- dation’’, not more than $5,000,000 for the fiscal thorities Act of 1956 (22 U.S.C. 2724) is amended tion, the term ‘‘competitive procedures’’ has the year 1996, and $3,000,000 for each of the fiscal in subsection (b) by adding the following new meaning given that term in section 4(5) of the years 1997, 1998, and 1999. sentence at the end: ‘‘Such fees shall remain Office of Federal Procurement Policy Act (41 (12) REPATRIATION LOANS.—For ‘‘Repatriation available for obligation until expended.’’. U.S.C. 403(5)). SEC. 130. EXPENSES RELATING TO CERTAIN Loans’’, $776,000 for the fiscal year 1996 and SEC. 124. REDUCTION OF REPORTING REQUIRE- INTERNATIONAL CLAIMS AND PRO- $700,000 for each of the fiscal years 1997, 1998, MENTS. CEEDINGS. and 1999. (a) PERIOD FOR REPORTING.—Section 488(a)(3) (b) FOREIGN CURRENCY EXCHANGE RATES.—In (a) RECOVERY OF CERTAIN EXPENSES.—The of the Foreign Assistance Act of 1961 (22 U.S.C. Department of State Appropriation Act of 1937 addition to amounts otherwise authorized to be 2291g) is amended by striking ‘‘quarter of the’’. appropriated by subsection (a), there are au- (49 Stat. 1321; 22 U.S.C. 2661), as amended by (b) REPEAL.—Section 503(b) of the Foreign Re- thorized to be appropriated such sums as may be section 142(b) of the Foreign Relations Author- lations Authorization Act, Fiscal Year 1979 ization Act, Fiscal Years 1988 and 1989 (Public necessary for each of the fiscal years 1996, 1997, (Public Law 95–426) is repealed. 1998, and 1999 to offset adverse fluctuations in Law 100–204)) is amended in the fifth undesig- foreign currency exchange rates. Amounts ap- SEC. 125. BUYING POWER MAINTENANCE AC- nated paragraph under the heading entitled COUNT. propriated under this subsection shall be avail- ‘‘INTERNATIONAL FISHERIES COMMISSION’’ by able for obligation and expenditure only to the Section 24 of the State Department Basic Au- striking ‘‘extraordinary’’. extent that the Director of the Office of Man- thorities Act of 1956 (22 U.S.C. 2696) is amended (b) PROCUREMENT OF SERVICES.—Section 38 of agement and Budget determines and certifies to in subsection (b)(7) by striking subparagraph the State Department Basic Authorities Act of Congress that such amounts are necessary due (D). 1956 (22 U.S.C. 2710) is amended in subsection to such fluctuations. SEC. 126. CAPITAL INVESTMENT FUND. (c) by inserting ‘‘personal and’’ before ‘‘other SEC. 112. MIGRATION AND REFUGEE ASSISTANCE. Section 135 of the Foreign Relations Author- support services’’. (a) AUTHORIZATION OF APPROPRIATIONS.— ization Act, Fiscal Years 1994 and 1995 (22 SEC. 131. DIPLOMATIC TELECOMMUNICATIONS (1) MIGRATION AND REFUGEE ASSISTANCE.— U.S.C. 2684a) is amended— SERVICE. There are authorized to be appropriated for (1) in subsection (a), by inserting ‘‘and up- Section 507 of the Department of State and ‘‘Migration and Refugee Assistance’’ for author- grade’’ after ‘‘procurement’’; Related Agencies Appropriations Act, 1995 (Pub- ized activities, $721,000,000 for the fiscal year (2) in subsection (c), by striking ‘‘are author- lic Law 103–317) is amended in subsections (a) 1996, and $721,000,000 for each of the fiscal years ized to’’ and inserting ‘‘shall’’; and (b) by striking ‘‘and each succeeding fiscal 1997, 1998, and 1999. (3) in subsection (d), by striking all that fol- year’’ each place it appears. (2) ALLOCATION OF FUNDS.—Of the funds au- lows ‘‘available’’ and inserting ‘‘for the pur- SEC. 132. DIPLOMATIC TELECOMMUNICATIONS thorized to be appropriated by paragraph (1)— poses of subsection (a).’’; and SERVICE PROGRAM OFFICE. (A) not less than $80,000,000 shall be made (4) in subsection (e), by striking all that fol- (a) FINDINGS.—The Congress makes the fol- available in the fiscal year 1996 for assistance lows ‘‘(22 U.S.C. 2710)’’ and before the period at lowing findings: for refugees resettling in Israel from other coun- the end. (1) The Diplomatic Telecommunications Serv- tries; and SEC. 127. ADMINISTRATIVE EXPENSES. ice Program Office (hereafter in this section re- (B) not less than $50,000,000 for each of the Section 5 of the Migration and Refugee Assist- ferred to as ‘‘DTS–PO’’) has made significant fiscal years 1996 and 1997 shall be made avail- ance Act of 1962 (22 U.S.C. 2605) is amended— enhancements to upgrade the worldwide DTS able for the Emergency Refugee and Migration (1) in subsection (a)(1), by inserting before ‘‘, network with high speed, high capacity cir- Assistance Fund under section 2(c) of the Mi- and without regard’’ the following: ‘‘and other cuitry as well as improvements at United States gration and Refugee Assistance Act of 1962 (22 personnel assigned to the bureau charged with embassies and consulates to enhance utilization U.S.C. 2601(c)). of the network. (b) AVAILABILITY OF FUNDS.—Funds appro- carrying out this Act’’; and (2) by striking subsection (c). (2) Notwithstanding the improvements that priated pursuant to subsection (a) are author- the DTS–PO has made to the DTS network, the ized to remain until expended. SEC. 128. FEE FOR USE OF DIPLOMATIC RECEP- TION ROOMS. current management structure needs to be CHAPTER 2—AUTHORITIES AND Title I of the State Department Basic Authori- strengthened to provide a clearly delineated, ac- ACTIVITIES ties Act of 1956 (22 U.S.C. 2651a et seq.) is countable management authority for the DTS– SEC. 121. LEASE-PURCHASE OF OVERSEAS PROP- amended by adding at the end the following PO and the DTS network. ERTY. new section: (b) REPORT REQUIRED.—No later than three (a) AUTHORITY FOR LEASE-PURCHASE.—Sub- months after the date of enactment of this Act, ject to subsections (b) and (c), the Secretary is ‘‘SEC. 53. FEE FOR USE OF DIPLOMATIC RECEP- the two agencies providing the greatest funding TION ROOMS. authorized to acquire by lease-purchase such to DTS–PO shall submit to the appropriate com- ‘‘The Secretary of State is authorized to properties as are described in subsection (b), if— mittees of Congress— (1) the Secretary of State, and charge a fee for use of the Department of State (1) a DTS–PO management plan— (2) the Director of the Office of Management diplomatic reception rooms. Fees collected under (A) setting forth the organization, mission and and Budget, the authority of this section shall be deposited functions of each major element of the DTS–PO; certify and notify the appropriate committees of as an offsetting collection to any Department of and Congress that the lease-purchase arrangement State appropriation to recover the costs of such (B) designating an entity at each overseas will result in a net cost savings to the Federal use and shall remain available for obligation post, or providing a mechanism for the designa- Government when compared to a lease, a direct until expended.’’. tion of such an entity, which will be responsible purchase, or direct construction of comparable SEC. 129. CONTRACTS AT POSTS ABROAD. for the day-to-day administration of the DTS– property. (a) AVOIDANCE OF DUPLICATIVE PROCURE- PO operations; and (b) LOCATIONS AND LIMITATIONS.—The au- MENTS.—A contracting officer of an agency of (2) a DTS–PO strategic plan containing— thority granted in subsection (a) may be exer- the Federal Government that performs functions (A) future customer requirements, validated cised only— at diplomatic and consular posts abroad shall, by the DTS customer organizations; S 18750 CONGRESSIONAL RECORD — SENATE December 15, 1995 (B) a system configuration for the DTS net- procurement contracts, and public subsidies, shall be members of the Senior Foreign Service; work which will meet the future telecommuni- and substantial monetary fines for bribery; and cations needs of the DTS customer agencies; (5) the Organization for Economic Coopera- (3) for the Agency for International Develop- (C) a funding profile to achieve the system tion and Development passed a resolution on ment, shall not exceed 900, of whom not more configuration for the DTS network; May 27, 1994, recommending that OECD Member than 125 shall be members of the Senior Foreign (D) a transition strategy to move to the system states ‘‘deter, prevent, and combat the bribery of Service. configuration for the DTS network; foreign public officials in connection with inter- (b) END FISCAL YEAR 1997 LEVELS.—The num- (E) a reimbursement plan to cover the direct national business transactions’’; and ber of members of the Foreign Service authorized and indirect costs of operating the DTS net- (6) these initiatives will help strengthen vi- to be employed as of September 30, 1997— work; and brant international trade and export markets (1) for the Department of State, shall not ex- (F) an allocation of funds to cover the costs and ensure fair competitive conditions for Unit- ceed 8,500, of whom not more than 700 shall be projected to be incurred by each of the agencies ed States exporters. members of the Senior Foreign Service; or other entities utilizing DTS to maintain DTS, (b) SENSE OF CONGRESS.—It is the sense of the (2) for the United States Information Agency, to upgrade DTS, and to provide for future de- Congress that the United States should strongly shall not exceed 800, of whom not more than 140 mands for DTS. urge universal adoption of the principles set shall be members of the Senior Foreign Service; (c) DEFINITION.—As used in this section, the forth in the Foreign Corrupt Practices Act of and term ‘‘appropriate committees of Congress’’ 1977 (Public Law 95–213) in order that adopting (3) for the Agency for International Develop- means the Select Committee on Intelligence, the countries implement effective means, in accord- ment, shall not exceed 650, of whom not more Committee on Foreign Relations, and the Com- ance with the legal and jurisdictional principles than 75 shall be members of the Senior Foreign mittee on Appropriations of the Senate and the of such countries, of combating bribery of for- Service. Permanent Select Committee on Intelligence, the eign public officials, including the imposition of (c) DEFINITION.—For the purposes of this sec- Committee on International Relations, and the administrative, civil, and criminal sanctions for tion, the term ‘‘members of the Foreign Service’’ Committee on Appropriations of the House of such bribery. is used within the meaning of such term under Representatives. (c) STUDY.—The Secretary of State shall con- section 103 of the Foreign Service Act of 1980 (22 duct a study to develop, in consultation with SEC. 133. INTERNATIONAL CENTER RESERVE U.S.C 3903), except that such term does not in- FUNDS. the Secretary of Commerce, the Director of the clude— Funds retained by the Secretary of State in Central Intelligence Agency, the Agency for (1) members of the Service under paragraphs the reserve for maintenance and security estab- International Development, the Overseas Pri- (6) and (7) of such section; lished pursuant to section 5 of the International vate Investment Corporation, the Trade and De- (2) members of the Service serving under tem- Center Act (Public Law 90–533) may be depos- velopment Agency, and the Export-Import Bank porary resident appointments abroad; ited in interest bearing accounts, and the Sec- of the United States, proposals to end the dis- (3) members of the Service employed on less retary may retain for the purposes set forth in crimination against United States exports that than a full-time basis; that section any interest earned on such depos- result from bribery and corruption in inter- (4) members of the Service subject to involun- its without returning such interest to the Treas- national business transactions. tary separation in cases in which such separa- (d) REPORT.—The Secretary of State shall ury of the United States and without further tion has been suspended pursuant to section submit a report containing the proposals devel- appropriation by the Congress. 1106(8) of the Foreign Service Act of 1980; and oped under subsection (c) to the Committee on (5) members of the Service serving under non- SEC. 134. JOINT FUNDS UNDER AGREEMENTS Foreign Relations of the Senate and the Com- career limited appointments. FOR COOPERATION IN ENVIRON- XCEPTIONS MENTAL, SCIENTIFIC, CULTURAL mittee on International Relations of the House (d) E .—(1)(A) Except as provided in AND RELATED AREAS. of Representatives not later than 90 days after subparagraph (B), the numerical limitations In order to promote the maximum benefits the date of enactment of this Act. The report contained in subsections (a) and (b) shall not from continued participation in international and proposals provided to such committees apply to Foreign Service personnel serving agreements in effect as of the date of enactment shall— under noncareer limited appointments. of this Act for cooperation in environmental, (1) take into account, discuss, and analyze (B) The number of Foreign Service personnel scientific, cultural and related areas, appro- the laws of our ten primary trade competitors serving under noncareer limited appointments priated funds that have been made available in which govern bribery and corruption in overseas may not exceed— fiscal years 1995 and prior fiscal years under the business transactions, and include recommenda- (i) for fiscal year 1996, 5 percent of the aggre- Department of State’s program of international tions for the implementation of the resolution on gate numerical limitation on members of the environmental, scientific, and cultural coopera- bribery passed by the Organization for Eco- Foreign Service contained in subsection (a); and (ii) for each of the fiscal years 1997, 1998, and tion to joint funds or accounts under such nomic Cooperation and Development on May 27, 1999, 7 percent of the aggregate numerical limi- agreements may, to the extent specified within 1994; (2) include specific recommendations for the tation on members of the Foreign Service con- the agreement, be deposited in interest bearing universal adoption of the principles set forth in tained in subsection (a). accounts prior to disbursement of such funds for the Foreign Corrupt Practices Act of 1977 (Pub- (2) The Secretary of State is encouraged to the purposes of the program. Interest earned lic Law 95–213); utilize Foreign Service personnel serving under may be retained for use under such agreements (3) analyze the feasibility of United States em- noncareer limited appointments to perform du- for program or administrative purposes, without bassies assisting United States businesses when ties relating to— returning such interest to the Treasury of the competing for overseas contracts by disclosing (A) export promotion and trade; United States and without further appropria- information about bribery or corruption of other (B) information management systems; and tion by Congress. foreign nationals competing for the contract; (C) the provision of medical services. SEC. 135. UNITED STATES DIPLOMATIC FACILI- and (3) Notwithstanding any other provision of TIES IN KOSOVA. (4) make recommendations for any legislation law, the Secretary of State may terminate the The Secretary of State is authorized to lease which may be necessary or appropriate to carry appointment of any member of the Foreign Serv- or otherwise acquire an office and residence in out such proposals. ice serving under a noncareer limited appoint- Pristina, Kosova, for use by United States diplo- (e) DEFINITION.—For the purposes of this sec- ment before the expiration of the period of the matic or consular personnel. tion, the term ‘‘bribery’’, in the case of a cor- appointment. SEC. 136. ANTIBRIBERY STUDY. poration, means the direct or indirect offer or SEC. 142. RESTRICTION ON LOBBYING ACTIVITIES (a) FINDINGS.—The Congress finds that— provision by the corporation of any undue pecu- OF FORMER UNITED STATES CHIEFS (1) United States nationals and companies, niary or other advantage to or for an individual OF MISSION. and their foreign subsidiaries, are prohibited in order to procure business and business con- Section 207(d)(1) of title 18, United States from bribing foreign officials under the Foreign tract for the corporation or its subsidiaries. Code, is amended— Corrupt Practices Act of 1977 (Public Law 95– SEC. 137. BUDGET ACT COMPLIANCE. (1) by striking ‘‘or’’ at the end of subpara- 213); The authorities contained in the amendments graph (B); (2) United States trade competitors and na- made in sections 121, 123, 125, 128, 130, 133, 134, (2) in subparagraph (C), by inserting ‘‘or’’ tionals of other industrialized countries are not 148, 161, and 163 of this Act may be exercised after ‘‘title 3,’’; and prohibited by law from utilizing bribes in retain- only to the extent or in the amounts provided in (3) by inserting after subparagraph (C) the ing or obtaining foreign procurement contracts; appropriations Acts. following new subparagraph: (3) some countries permit a deduction for in- CHAPTER 3—PERSONNEL ‘‘(D) serves in the position of chief of mission come tax purposes for bribes paid to secure for- SEC. 141. AUTHORIZED STRENGTH OF THE FOR- (as defined in section 102(3) of the Foreign Serv- eign business; EIGN SERVICE. ice Act of 1980),’’. (4) effective anticorruption statutes include (a) END FISCAL YEAR 1996 LEVELS.—The num- SEC. 143. FOREIGN SERVICE GROUNDING IN criminal, commercial, civil, and administrative ber of members of the Foreign Service authorized UNITED STATES BUSINESS. laws prohibiting bribery of foreign public offi- to be employed as of September 30, 1996— It is the sense of the Congress that the Sec- cials, tax laws which make bribery unprofitable, (1) for the Department of State, shall not ex- retary of State, in consultation with the Sec- transparent business accounting requirements ceed 8,700, of whom not more than 740 shall be retary of Commerce, should require the National that ensure proper recording of relevant pay- members of the Senior Foreign Service; Center for Humanities, Education, Languages, ments and appropriate inspection of such (2) for the United States Information Agency, and Management Studies, as redesignated by records, prohibitions on licenses, government shall not exceed 900, of whom not more than 155 section 152 of this Act, to significantly increase December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18751 the emphasis on commercial activity, export pro- Foreign Service, under the direction of the ‘‘(C) Care provided by a provider with which motion, and trade in carrying out its core pro- President and the Secretary of State; and’’. the third party payer has no participation grams and should offer additional classes in (2) Section 203(a) of the Foreign Service Act of agreement. such subjects. 1980 (22 U.S.C. 3923(a)) is amended by amending ‘‘(5) No law of any State, or of any political SEC. 144. FOREIGN AFFAIRS ADMINISTRATIVE the first sentence to read as follows: ‘‘There is subdivision of a State, and no provision of any SUPPORT. one Foreign Service, and any agency that seeks contract or agreement, shall operate to prevent (a) AUTHORIZATION.—The Secretary of State, to utilize the authorities of the Foreign Service or hinder recovery or collection by the United after consulting with the heads of the other Act of 1980 shall do so in strict conformance States under this section. United States Government agencies maintaining with the common standards and procedures set ‘‘(6) As to the authority provided in para- personnel overseas, is authorized to establish a out by the Director General of the Foreign Serv- graph (1) of this subsection— financial system by which the Department of ice under the authority of the Secretary of ‘‘(A) the United States shall be subrogated to State is reimbursed by other agencies of the State.’’. any right or claim that the covered beneficiary United States Government that maintain an SEC. 146. LIMITATIONS ON MANAGEMENT ASSIGN- may have against a third party payer; overseas presence for the incremental expenses MENTS. ‘‘(B) the United States may institute and pros- incurred by the Department in providing admin- Section 1017(e)(2) of the Foreign Service Act of ecute legal proceedings against a third party istrative support to such agencies at United 1980 (22 U.S.C. 4117(e)(2)) is amended to read as payer to enforce a right of the United States States posts abroad. follows: under this subsection; and (b) ESTABLISHMENT OF A COMMITTEE.—The ‘‘(2) For the purposes of paragraph (1)(A)(ii) ‘‘(C) the Secretary may compromise, settle, or President shall establish an interagency commit- and paragraph (1)(B), the term ‘management of- waive a claim of the United States under this tee consisting of representatives from United ficial’ does not include chiefs of mission, prin- subsection. States Government agencies maintaining a sig- cipal officers or their deputies, administrative ‘‘(7) The Secretary shall prescribe regulations nificant number of personnel overseas and and personnel officers abroad, or individuals de- for the administration of this subsection and headed by the Secretary of State, for the pur- scribed in section 1002(12) (B), (C), and (D) who subsection (h). Such regulations shall provide pose of implementing subsection (a). The com- are not involved in the administration of this for computation of the reasonable cost of health mittee shall develop rules and regulations gov- chapter or in the formulation of the personnel care services. erning— policies and programs of the Department.’’. ‘‘(8) Regulations prescribed under this sub- (1) a dispute settlement mechanism to resolve SEC. 147. REPORT ON PROMOTION AND RETEN- section shall provide that medical records of a interagency disputes over the provision of ad- TION OF PERSONNEL. covered beneficiary receiving health care under ministrative services at posts abroad and over Section 601(c)(4) of the Foreign Service Act of this subsection shall be made available for in- reimbursement levels; and 1980 (22 U.S.C. 4001(c)(4)) is amended— spection and review by representatives of the (2) formulas for cost-assessment formulation, (1) by striking ‘‘and’’ at the end of subpara- payer from which collection by the United either on a per capita basis or on a fee-for-serv- graph (B); States is sought for the sole purposes of permit- ice basis with the following principle: all direct (2) by striking the period at the end of sub- ting the third party to verify— and indirect costs should be fully recovered by paragraph (C) and inserting ‘‘; and’’; and ‘‘(A) that the care or services for which recov- the Department, including services such as the (3) by adding at the end the following new ery or collection is sought were furnished to the Community Liaison Officer, building operating subparagraph: covered beneficiary; and expenses and local guards, and such other ex- ‘‘(D) include on a biannual basis the com- ‘‘(B) that the provision of such care or serv- penses as the committee determines necessary to ments of the Inspector General for Foreign Af- ices to the covered beneficiary meets criteria be covered. fairs with respect to the adequacy of the report generally applicable under the health plan con- on the matters described in this paragraph.’’. (c) WORKING CAPITAL FUND.—There is hereby tract involved, except that this subsection shall established on the books at the Treasury an ac- SEC. 148. RECOVERY OF COSTS OF HEALTH CARE be subject to the provisions of paragraphs (2) count into which the Secretary of State may de- SERVICES. and (4). posit payments received from any United States (a) AUTHORITIES.—Section 904 of the Foreign ‘‘(9) Amounts collected under this subsection agency participating in the financial system es- Service Act of 1980 (22 U.S.C. 4084) is amended— or under subsection (h) from a third party payer tablished under subsection (a). Amounts in the (1) in subsection (a), by striking ‘‘and’’ before or from any other payer shall be deposited as an account shall be available without fiscal year ‘‘members of the families of such members and offsetting collection to any Department of State limitation. employees’’ and inserting before the period ‘‘, appropriation and shall remain available until and (for care provided abroad) such other per- SEC. 145. FOREIGN SERVICE REFORM. expended. sons as are designated by the Secretary of State, ‘‘(10) In this section: (a) APPOINTMENTS BY THE PRESIDENT.—Sec- except that such persons shall be considered tion 302(b) of the Foreign Service Act of 1980 (22 ‘‘(A) The term ‘covered beneficiary’ means an persons other than covered beneficiaries for pur- individual eligible to receive health care under U.S.C. 3942(b)) is amended in the second sen- poses of subsections (g) and (h)’’; tence— this section whose health care costs are to be (2) in subsection (d), by inserting ‘‘, subject to paid by a third party payer under a contractual (1) by striking ‘‘may elect to’’ and inserting the provisions of subsections (g) and (h)’’ before ‘‘shall’’; and agreement with such payer. the period; and ‘‘(B) The term ‘services’ as used in ‘health (2) by striking ‘‘Service,’’ and all that follows (3) by adding at the end the following new care services’ includes products. and inserting ‘‘Service.’’. subsections: ‘‘(C) The term ‘third party payer’ means an (b) PERFORMANCE PAY.—Section 405 of the ‘‘(g)(1) In the case of a person who is a cov- entity that provides a fee-for-service insurance Foreign Service Act of 1980 (22 U.S.C. 3965) is ered beneficiary, the Secretary of State is au- policy, contract or similar agreement through amended— thorized to collect from a third party payer the the Federal Employees Health Benefit program, (1) in subsection (a), by striking ‘‘Members’’ reasonable costs incurred by the Department of under which the expenses of health care services and inserting ‘‘Subject to subsection (e), mem- State on behalf of such person for health care for individuals are paid. bers’’; and services to the same extent that the covered ben- ‘‘(h) In the case of a person, other than a cov- (2) by adding at the end the following new eficiary would be eligible to receive reimburse- ered beneficiary, who receives health care serv- subsection: ment or indemnification from the third party ices pursuant to this section, the Secretary of ‘‘(e) Notwithstanding any other provision of payer for such costs. State is authorized to collect from such person law, the Secretary of State may provide for rec- ‘‘(2) If the insurance policy, plan, contract, or the reasonable costs of health care services in- ognition of the meritorious or distinguished similar agreement of that third party payer in- curred by the Department of State on behalf of service of a member of the Foreign Service de- cludes a requirement for a deductible or such person. The United States shall have the scribed in subsection (a) (including members of copayment by the beneficiary of the plan, then same rights against persons subject to the provi- the Senior Foreign Service) by means other than the Secretary of State may collect from the third sions of this subsection as against third party an award of performance pay in lieu of making party payer only the reasonable cost of the care payers covered by subsection (g).’’. such an award under this section.’’. provided less the deductible or copayment (b) EFFECTIVE DATE.—The authorities of this (c) EXPEDITED SEPARATION OUT.—The Sec- amount. retary of State shall develop and implement not ‘‘(3) A covered beneficiary shall not be re- section shall be effective beginning October 1, later than 90 days after the date of enactment of quired to pay any deductible or copayment for 1996. this Act procedures to identify, and recommend health care services under this subsection. SEC. 149. NONOVERTIME DIFFERENTIAL PAY. for separation, members of the Foreign Service ‘‘(4) No provision of any insurance, medical Title 5 of the United States Code is amended— ranked by promotion boards in the bottom five service, or health plan contract or agreement (1) in section 5544(a), by inserting after the percent of their class for any two of the five pre- having the effect of excluding from coverage or fourth sentence the following new sentence: ceding years. limiting payment of charges for care in the fol- ‘‘For employees serving outside the United (d) UNIFORM ADMINISTRATION OF THE FOREIGN lowing circumstances shall operate to prevent States in areas where Sunday is a routine work- SERVICE.—(1) Section 101(b)(9) of the Foreign collection by the Secretary of State under para- day and another day of the week is officially Service Act of 1980 (22 U.S.C. 3901(b)(9)) is graph (1): recognized as the day of rest and worship, the amended to read as follows: ‘‘(A) Care provided directly or indirectly by a Secretary of State may designate the officially ‘‘(9) establishing a consolidated and uniform governmental entity. recognized day of rest and worship as the day administration of a single Foreign Service of the ‘‘(B) Care provided to an individual who has with respect to which additional pay is author- United States by the Director General of the not paid a required deductible or copayment. ized by the preceding sentence.’’; and S 18752 CONGRESSIONAL RECORD — SENATE December 15, 1995 (2) at the end of section 5546(a), by adding the (1) inserting before the period at the end of (4) by adding at the end the following new following new sentence: ‘‘For employees serving the first sentence the following: ‘‘; except that clause: outside the United States in areas where Sun- the Secretary of State may by regulation au- ‘‘(iv) TERRORIST ORGANIZATION DEFINED.—As day is a routine workday and another day of thorize State officials or the United States Post- used in this subparagraph, the term ‘terrorist the week is officially recognized as the day of al Service to collect and retain the execution fee organization’ means an organization that en- rest and worship, the Secretary of State may for each application for a passport accepted by gages in, or has engaged in, terrorist activity as designate the officially recognized day of rest such officials or by that Service’’; and determined by the Attorney General, in con- and worship as the day with respect to which (2) striking the second sentence. sultation with the Secretary of State.’’. additional pay is authorized by the preceding SEC. 163. FEES FOR MACHINE READABLE VISAS. SEC. 167. INCITEMENT AS A BASIS FOR EXCLU- sentence.’’. The Secretary of State is authorized to collect SION FROM THE UNITED STATES. SEC. 150. ACCESS TO RECORDS. amounts under paragraph (1) of section 140(a) (a) IN GENERAL.—Section 212(a)(3)(B) of the Section 1108 of the Foreign Service Act of 1980 of the Foreign Relations Authorization Act, Fis- Immigration and Nationality Act (8 U.S.C. (22 U.S.C. 4138) is amended by adding at the end cal Years 1994 and 1995 (Public Law 103–236; 8 1182(a)(3)(B)), as amended by this Act, is fur- ther amended— the following new subsection: U.S.C. 1351), not to exceed $150,000,000 for each (1) by striking ‘‘or’’ at the end of clause ‘‘(f) As used in this section, the term ‘‘agency of the fiscal years 1996, 1997, 1998, and 1999. (i)(II); records’’ does not include records created or SEC. 164. CHILDREN ADOPTED ABROAD. (2) in clause (i)(III) by inserting ‘‘or’’ at the maintained by the Office of the Inspector Gen- Section 101(b) of the Immigration and Nation- end; and eral of the employing agency. That Office may, ality Act (8 U.S.C. 1101(b)) is amended— (3) by inserting after clause (i)(III) the follow- in its discretion, provide the Board records or (1) in paragraph (1)(A), by striking ‘‘legiti- ing new subclause: information relevant to a grievance.’’. mate child’’ and inserting ‘‘child born in wed- ‘‘(IV) has advocated terrorism or has incited SEC. 151. TRAINING. lock’’; and targeted racial vilification or has advocated the Section 701 of the Foreign Service Act of 1980 (2) in paragraphs (1)(D) and (2), by striking death or destruction of United States citizens, (22 U.S.C. 4021) is amended— ‘‘an illegitimate child’’ each time it appears and United States Government officials, or the over- (1) by redesignating subsection (d)(4) as sub- inserting ‘‘a child born out of wedlock’’. throw of the United States Government,’’. section (g); and SEC. 165. CONSULAR OFFICERS. (b) EFFECTIVE DATE.—The amendments made (2) by inserting after subsection (d)(3) the fol- (a) PERSONS AUTHORIZED TO ISSUE REPORTS by subsection (a) shall apply to aliens seeking to lowing new subsections: OF BIRTHS ABROAD.—Section 33 of the State De- enter the United States on or after the date of ‘‘(e)(1) The Secretary is authorized to provide partment Basic Authorities Act of 1956 (22 enactment of this Act. appropriate training through the institution to U.S.C. 2705) is amended in paragraph (2) by SEC. 168. VISIT OF THE PRESIDENT OF THE RE- employees of United States companies that are adding at the end the following: ‘‘For purposes PUBLIC OF CHINA ON TAIWAN. engaged in business abroad, and to the families of this paragraph, a consular officer shall in- Notwithstanding any other provision of law, of such employees, when such training is in the clude any United States citizen employee of the the President of the Republic of China on Tai- national interest of the United States. Department of State designated by the Secretary wan shall be admitted to the United States for ‘‘(2) In the case of companies that are under of State to adjudicate nationality abroad pursu- a visit in 1995 with all appropriate courtesies. contract to provide services to the Department of ant to such regulations as the Secretary may SEC. 169. TERRORIST LOOKOUT COMMITTEES. State, the Secretary is authorized to provide job- prescribe.’’. (a) ESTABLISHMENT.—(1) Not later than 30 related training to the companies’ employees (b) PROVISIONS APPLICABLE TO CONSULAR OF- days after the date of enactment of this Act, the who are performing such services. FICERS.—Section 31 of the Act of August 18, 1856 Secretary of State shall establish within each ‘‘(3) Training under this subsection shall be (Rev. Stat. 1689; 22 U.S.C. 4191), is amended by United States Embassy a Terrorist Lookout on a reimbursable or advance-of-funds basis. inserting after ‘‘such officers’’ the following: Committee, which shall include the head of the Such reimbursements or advances shall be cred- ‘‘and to such other United States citizen em- political section and senior representatives of all ited to the currently available applicable appro- ployees of the Department of State as may be United States law enforcement agencies and all priation account. designated by the Secretary of State pursuant to elements of the intelligence community under ‘‘(4) Training under this subsection is author- such regulations as the Secretary may pre- the authority of the chief of mission. ized only to the extent that it will not interfere scribe’’. (2) Each Committee shall be chaired by the re- with the institution’s primary mission of train- (c) PERSONS AUTHORIZED TO AUTHENTICATE spective deputy chief of mission, with the head ing employees of the Department and of other FOREIGN DOCUMENTS.—Section 3492(c) of title 18 of the consular section as vice chair. agencies in the field of foreign relations. of the United States Code is amended by adding (b) MEETINGS.—Each Terrorist Lookout Com- ‘‘(f)(1) The Secretary is authorized to provide at the end the following: ‘‘For purposes of this mittee established under subsection (a) shall on a reimbursable basis foreign language train- section and sections 3493 through 3496 of this meet at least monthly and shall maintain ing programs to Members of Congress. title, a consular officer shall include any United records of its meetings. Upon the completion of ‘‘(2) Nonexecutive branch staff members may States citizen employee of the Department of each meeting, each Committee shall report to the participate on reimbursable, space-available State designated to perform notarial functions Department of State all names submitted for in- basis in foreign language programs offered by pursuant to section 24 of the Act of August 18, clusion in the visa lookout system. the institution. 1856 (Rev. Stat. 1750; 22 U.S.C. 4221).’’. (c) CERTIFICATION.—If no names are submitted ‘‘(3) Reimbursements collected under this sub- (d) PERSONS AUTHORIZED TO ADMINISTER upon completion of a meeting under subsection section shall be credited to the currently avail- OATHS.—Section 115 of title 35 of the United (b), the deputy chief of mission shall certify to able applicable appropriation account.’’. States Code is amended by adding at the end the the Secretary of State, subject to potential appli- SEC. 152. REDESIGNATION OF NATIONAL FOR- following: ‘‘For purposes of this section, a con- cation the Accountability Review Board provi- EIGN AFFAIRS TRAINING CENTER. sular officer shall include any United States cit- sions of title III of the Omnibus Diplomatic Se- The National Foreign Affairs Training Center izen employee of the Department of State des- curity and Antiterrorism Act of 1986, that none is hereby redesignated as the ‘‘National Center ignated to perform notarial functions pursuant of the relevant sections of the United States Em- for Humanities, Education, Languages, and to section 24 of the Act of August 18, 1856 (Rev. bassy had knowledge of the identity of any indi- Management Studies’’. Stat. 1750; 22 U.S.C. 4221).’’. vidual eligible for inclusion in the visa lookout CHAPTER 4—CONSULAR AND RELATED (e) DEFINITION OF CONSULAR OFFICER.—Sec- system for possible terrorist activity. (d) REPORT.—The Secretary of State shall ACTIVITIES tion 101(a)(9) of the Immigration and National- ity Act (8 U.S.C. 1101(a)(9)) is amended by add- submit a report on a quarterly basis to the Com- SEC. 161. FEE FOR DIVERSITY IMMIGRANT LOT- ing at the end the following new sentence: ‘‘As mittee on Foreign Relations of the Senate and TERY. used in title III, the term ‘‘consular officer’’ in- the Committee on International Relations of the The Secretary of State may establish a fee to cludes any United States citizen employee of the House of Representatives on the status of the be paid by each immigrant issued a visa under Department of State designated by the Secretary Terrorist Lookout Committees. subsection (c) of section 203 of the Immigration of State to adjudicate nationality abroad pursu- SEC. 170. SENSE OF CONGRESS ON BORDER and Nationality Act (8 U.S.C. 1153(c)). Such fee ant to such regulations as the Secretary may CROSSING FEES. may be set at a level so as to cover the full cost prescribe.’’. (a) FINDINGS.—The Congress finds that— to the Department of State of administering that (1) in the budget of the United States for fiscal subsection, including the cost of processing all SEC. 166. EXCLUSION FROM THE UNITED STATES FOR MEMBERSHIP IN A TERRORIST year 1996 that was submitted to Congress, the applications thereunder. All such fees collected ORGANIZATION. President proposed to impose and collect a bor- shall be deposited as an offsetting collection to Section 212(a)(3)(B) of the Immigration and der crossing fee for individuals and vehicles en- any Department of State appropriation and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is tering the United States; shall remain available for obligation until ex- amended— (2) both the Canadian and Mexican govern- pended. The provisions of the Act of August 18, (1) by striking ‘‘or’’ at the end of clause (i)(I); ments have expressed opposition to the imposi- 1856 (Rev. Stat. 1726–28; 22 U.S.C. 4212–14), con- (2) by inserting ‘‘or’’ at the end of clause tion and collection of such a fee and have raised cerning accounting for consular fees, shall not (i)(II); the possibility of imposing retaliatory border apply to fees collected pursuant to this section. (3) by inserting after clause (i)(II) the follow- crossing fees of their own; SEC. 162. FEE FOR EXECUTION OF PASSPORT AP- ing new subclause: (3) the imposition and collection of such a fee PLICATIONS. ‘‘(III) is a member of a terrorist organization would have adverse affects on tourism and com- Section 1 of the Act of June 4, 1920 (41 Stat. or who actively supports or advocates terrorist merce that depend on travel across the borders 750; 22 U.S.C. 214) is amended by— activity,’’; and of the United States; December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18753 (4) the imposition and collection of such a fee section shall include appropriate consultation annual report and has ensured that the annual would have such effects without addressing ille- between the President (or the President’s rep- report and all other relevant reports of the In- gal immigration in a meaningful way; resentative) and the Committee on International spector General are made available to the Gen- (5) on February 22, 1995, the President modi- Relations of the House of Representatives and eral Assembly without modification. fied his proposal making the imposition of the the Committee on Foreign Relations of the Sen- ‘‘(7) The United Nations is committed to pro- new fees voluntary on United States border ate. viding, sufficient budgetary resources to ensure States (but tied the availability of Federal funds (c) REPORT TO CONGRESS.—Not later than the effective operation of the United Nations In- to improve border crossing infrastructure on February 1 of each year, the President shall spector General.’’. their willingness to impose such fees); and submit to the Congress a report concerning the (b) EFFECTIVE DATE.—Section 11 of the United (6) on May 4, 1995, the President further amount of United States assessed contributions Nations Participation Act of 1945, as added by modified the border crossing fee proposal in im- paid to the United Nations and each of its spe- subsection (a), shall apply only with respect to migration control legislation he submitted to cialized agencies during the preceding calendar fiscal years after fiscal year 1995. Congress setting a $1.50 per car and $.75 per pe- year. SEC. 206. WHISTLEBLOWER PROVISION. destrian fee structure. SEC. 205. UNITED NATIONS BUDGETARY AND The President shall withhold 10 percent of the (b) SENSE OF THE CONGRESS.—It is the sense of MANAGEMENT REFORM. funds made available under this Act for each of the Congress that the United States Government (a) IN GENERAL.—The United Nations Partici- the fiscal years 1996, 1997, 1998, and 1999 for should not impose or collect a border crossing pation Act of 1945 (22 U.S.C. 287 et seq.) is United States assessed contributions for the reg- fee along its borders with Canada and Mexico. amended by adding at the end the following ular United Nations budget until the Secretary TITLE II—UNITED NATIONS new section: of State certifies to Congress that— CHAPTER 1—FUNDING; BUDGETARY AND ‘‘SEC. 10. UNITED NATIONS BUDGETARY AND (1) the United Nations has developed and im- MANAGEMENT REFORM. MANAGEMENT REFORM plemented policies and regulations to protect ‘‘(a) WITHHOLDING OF CONTRIBUTIONS.— employees who allege or report instances of SEC. 201. ASSESSED CONTRIBUTIONS TO THE ‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR UNITED NATIONS AND AFFILIATED fraud or mismanagement, and UNITED NATIONS BUDGET.—At the beginning of AGENCIES. (2) the Office of Internal Oversight Services each fiscal year, 20 percent of the amount of There are authorized to be appropriated under (OIOS) within the United Nations Secretariat funds made available for that fiscal year for the heading ‘‘Assessed Contributions to the has reviewed those policies and regulations and United States assessed contributions for the reg- United Nations and other International Organi- found, in writing, that they offer adequate safe- ular United Nations budget shall be withheld zations’’ (previously known as ‘‘Contributions guards against retaliation for such employees. from obligation and expenditure unless a certifi- to International Organizations’’) $777,000,000 cation for that fiscal year has been made under CHAPTER 2—UNITED NATIONS for each of the fiscal years 1996, 1997, 1998, and subsection (b). PEACEKEEPING 1999 for the Department of State to carry out the ‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED NA- SEC. 211. ANNUAL REPORT ON UNITED STATES authorities, functions, duties, and responsibil- TIONS PEACEKEEPING.—At the beginning of each CONTRIBUTIONS TO UNITED NA- ities in the conduct of the foreign affairs of the fiscal year, 50 percent of the amount of funds TIONS PEACEKEEPING ACTIVITIES. United States with respect to the United Na- made available for that fiscal year for United Section 4(d)(1) of the United Nations Partici- tions, its affiliated agencies, and other inter- States assessed contributions for United Nations pation Act of 1945 (22 U.S.C. 287b(d)(1)) is national organizations and to carry out other peacekeeping activities shall be withheld from amended— authorities in law consistent with such pur- obligation and expenditure unless a certification (1) by redesignating subparagraph (D) as sub- poses. for that fiscal year has been made under sub- paragraph (E); and SEC. 202. ASSESSED CONTRIBUTIONS FOR INTER- section (b). (2) by inserting after subparagraph (C) the NATIONAL PEACEKEEPING ACTIVI- ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED following new subparagraph: TIES. NATIONS PEACEKEEPING.—The United States may ‘‘(D) A description of the anticipated budget There are authorized to be appropriated for not during any fiscal year pay any voluntary for the next fiscal year for United States partici- ‘‘Contributions for International Peacekeeping contribution to the United Nations for inter- pation in United Nations peacekeeping activi- Activities’’, $445,000,000 for the fiscal year 1996, national peacekeeping activities unless a certifi- ties, including a statement of— $375,000,000 for the fiscal year 1997, $300,000,000 cation for that fiscal year has been made under ‘‘(i) the aggregate amount of funds available for the fiscal year 1998, and $210,000,000 for the subsection (b). to the United Nations for that fiscal year, in- fiscal year 1999 for the Department of State to ‘‘(b) CERTIFICATION.—The certification re- cluding assessed and voluntary contributions, carry out the authorities, functions, duties, and ferred to in subsection (a) for any fiscal year is which may be made available for United Na- responsibilities in the conduct of the foreign af- a certification by the President to the Congress, tions peacekeeping activities; and fairs of the United States with respect to inter- submitted on or after the beginning of that fis- ‘‘(ii) the aggregate amount of funds (from all national peacekeeping activities and to carry cal year, of each of the following: accounts) and the aggregate costs of in-kind out other authorities in law consistent with ‘‘(1) The United Nations has an independent contributions that the United States proposes to such purposes. office of Inspector General to conduct and su- make available to the United Nations for that SEC. 203. CALCULATION OF ASSESSED CONTRIBU- pervise objective audits, inspections, and inves- fiscal year for United Nations peacekeeping ac- TIONS. tigations relating to programs and operations of tivities.’’. It is the sense of the Congress that the United the United Nations. SEC. 212. PRIOR CONGRESSIONAL NOTIFICATION Nations General Assembly should reformulate ‘‘(2) The United Nations has an Inspector OF SECURITY COUNCIL VOTES ON the percentage shares of total assessed contribu- General who was appointed by the Secretary UNITED NATIONS PEACEKEEPING tions to the United Nations payable by the mem- General with the approval of the General As- ACTIVITIES. ber nations to reflect each nation’s share of the sembly and whose appointment was made prin- Section 4 of the United Nations Participation total world gross national product. cipally on the basis of the appointee’s integrity Act of 1945 (22 U.S.C. 287b) is amended— SEC. 204. REFORM IN BUDGET DECISIONMAKING and demonstrated ability in accounting, audit- (1) by redesignating subsection (e) as sub- PROCEDURES OF THE UNITED NA- ing, financial analysis, law, management analy- section (f); and TIONS AND ITS SPECIALIZED AGEN- sis, public administration, or investigation. (2) by inserting after subsection (d) the follow- CIES. ‘‘(3) The Inspector General is authorized to— ing: (a) ASSESSED CONTRIBUTIONS.—The President ‘‘(A) make investigations and reports relating ‘‘(e) NOTICE TO CONGRESS OF PROPOSED UNIT- may withhold 20 percent of the funds appro- to the administration of the programs and oper- ED NATIONS PEACEKEEPING ACTIVITIES.—(1) Ex- priated pursuant to section 111 for the United ations of the United Nations; cept as provided in paragraph (2), at least 5 States assessed contribution to the United Na- ‘‘(B) have access to all relevant records, docu- days before any vote in the Security Council to tions, or to any of its specialized agencies, for ments, and other available materials relating to initiate, expand, or modify any United Nations any calendar year, if the Secretary of State de- those programs and operations; and peacekeeping activity or any other action under termines that the United Nations or any such ‘‘(C) have direct and prompt access to any of- the Charter of the United Nations which would agency has failed to implement or to continue to ficial of the United Nations. involve the use of United States Armed Forces or implement consensus-based decisionmaking pro- ‘‘(4) The United Nations has fully imple- the expenditure of United States funds, the cedures on budgetary matters which assure that mented, and made available to all member President shall submit to the designated con- sufficient attention is paid to the views of the states, procedures designed to protect the iden- gressional committees a notification with respect United States and other member states who are tity of, and prevent reprisals against, any staff to the proposed action. The notification shall major financial contributors to such assessed member of the United Nations making a com- include the following: budgets. plaint or disclosing information to, or cooperat- ‘‘(A) A cost assessment of such action (includ- (b) NOTICE TO CONGRESS.—The President shall ing in any investigation or inspection by, the ing the total estimated cost and the United notify the Congress when a decision is made to United Nations Inspector General. States share of such cost). withhold any share of the United States as- ‘‘(5) The United Nations has fully imple- ‘‘(B) Identification of the source of funding sessed contribution to the United Nations or its mented procedures designed to ensure compli- for the United States share of the costs of the specialized agencies pursuant to subsection (a) ance with recommendations of the United Na- action (whether in an annual budget request, and shall notify the Congress when the decision tions Inspector General. reprogramming notification, a rescission of is made to pay any previously withheld assessed ‘‘(6) The United Nations has required the funds, a budget amendment, or a supplemental contribution. A notification under this sub- United Nations Inspector General to issue an budget request). S 18754 CONGRESSIONAL RECORD — SENATE December 15, 1995

‘‘(2)(A) If the President determines that an ‘‘(g) DESIGNATED CONGRESSIONAL COMMIT- SEC. 216. RESTRICTIONS ON INTELLIGENCE emergency exists which prevents submission of TEES.—As used in this section, the term ‘des- SHARING WITH THE UNITED NA- the 5-day advance notification specified in ignated congressional committees’ has the mean- TIONS. paragraph (1) and that the proposed action is in ing given such term in section 11(d).’’. The United Nations Participation Act of 1945 the national security interests of the United (22 U.S.C. 287 et seq.) is amended by adding at SEC. 214. LIMITATION ON ASSESSMENT PERCENT- the end the following new section: States, the notification described in paragraph AGE FOR PEACEKEEPING ACTIVI- (1) shall be provided in a timely manner but no TIES. ‘‘SEC. 12. RESTRICTIONS ON INTELLIGENCE later than 48 hours after the vote by the Secu- SHARING WITH THE UNITED NA- (a) AMENDMENT TO THE UNPA.—The United TIONS. rity Council. Nations Participation Act of 1945 (22 U.S.C. 287 ‘‘(B) Determinations made under subpara- ‘‘(a) PROVISION OF INTELLIGENCE INFORMA- et seq.), as amended by this Act, is further graph (A) may not be delegated.’’. TION TO THE UNITED NATIONS.—(1) No United amended by adding at the end the following States intelligence information may be provided SEC. 213. CODIFICATION OF REQUIRED NOTICE new section: TO CONGRESS OF PROPOSED UNIT- to the United Nations or any organization affili- ED NATIONS PEACEKEEPING ACTIVI- ‘‘SEC. 11. CONTRIBUTIONS FOR PEACEKEEPING ated with the United Nations, or to any officials TIES. ACTIVITIES. or employees thereof, unless the President cer- (a) REQUIRED NOTICE.—Section 4 of the Unit- ‘‘(a) REASSESSMENT OF CONTRIBUTION PER- tifies to the appropriate committees of Congress ed Nations Participation Act of 1945 (22 U.S.C. CENTAGES.—The Permanent Representative of that the Director of Central Intelligence (in this 287b) is amended— the United States to the United Nations should section referred to as the ‘DCI’), in consultation (1) by striking the second sentence of sub- make every effort to ensure that the United Na- with the Secretary of State and the Secretary of section (a); tions completes an overall review and reassess- Defense, has established and implemented proce- (2) by redesignating subsections (e) and (f) (as ment of each nation’s assessed contributions for dures, and has worked with the United Nations redesignated by the preceding section) as sub- United Nations peacekeeping operations. As to ensure implementation of procedures, for pro- sections (f) and (g), respectively; and part of the overall review and assessment, the tecting from unauthorized disclosure United (3) by inserting after subsection (d) a new sub- Permanent Representative should make every States intelligence sources and methods con- section (e) consisting of the text of subsection effort to advance the concept that, when appro- nected to such information. (a) of section 407 of the Foreign Relations Au- priate, host governments and other governments ‘‘(2) Paragraph (1) may be waived upon writ- thorization Act, Fiscal Years 1994 and 1995 in the region where a United Nations peacekeep- ten certification by the President to the appro- (Public Law 103–236), revised— priate committees of Congress that providing (A) in paragraph (2)— ing operation is carried out should bear a great- (i) in the matter preceding subparagraph (A), er burden of its financial cost. such information to the United Nations or an organization affiliated with the United Nations, by inserting ‘‘in written form not later than the ‘‘(b) LIMITATION ON ASSESSED CONTRIBUTION or to any officials or employees thereof, is in the 10th day of’’ after ‘‘shall be provided’’; WITH RESPECT TO A PEACEKEEPING OPER- (ii) in subparagraph (A)(iv), by inserting ‘‘(in- ATION.—(1) Funds authorized to be appropriated national security interests of the United States. cluding facilities, training, transportation, com- for ‘Contributions for International Peacekeep- ‘‘(b) PERIODIC AND SPECIAL REPORTS.—(1) The munication, and logistical support, but not in- ing Activities’ for any fiscal year shall not be President shall report semiannually to the Select cluding intelligence activities reportable under available for the payment of the United States Committee on Intelligence and the Committee on title V of the National Security Act of 1947 (50 assessed contribution for a United Nations Foreign Relations of the Senate and the Perma- U.S.C. 413 et seq.))’’ after ‘‘covered by the reso- peacekeeping operation in an amount which is nent Select Committee on Intelligence and the lution’’; and greater than 25 percent of the total amount of Committee on International Relations of the (iii) in subparagraph (B), by adding at the all assessed contributions for that operation, House of Representatives on the types and vol- end the following new clause: and any arrearages that accumulate as a result ume of intelligence provided to the United Na- ‘‘(iv) A description of any other United States of assessments in excess of 25 percent of the tions and the purposes for which it was pro- assistance to or support for the operation (in- total amount of all assessed contributions for vided during the period covered by the report. cluding facilities, training, transportation, com- any United Nations peacekeeping operation The President shall also report to the Select munication, and logistical support, but not in- shall not be recognized or paid by the United Committee on Intelligence and the Committee on cluding intelligence activities reportable under States. Foreign Relations of the Senate and the Perma- nent Select Committee on Intelligence and the title V of the National Security Act of 1947 (50 ‘‘(2) Any penalties, interest, or other charges Committee on International Relations of the U.S.C. 413 et seq.)), and an estimate of the cost imposed on the United States in connection with House of Representatives within 15 days after it to the United States of such assistance or sup- such contributions shall be credited as a part of has become known to the United States Govern- port.’’; the percentage limitation contained in the pre- ment that there has been an unauthorized dis- (B) by striking paragraph (3); ceding sentence.’’. (C) by redesignating paragraph (4) as para- closure of intelligence provided by the United graph (3) and in the last sentence of subpara- (b) EFFECTIVE DATE.—The limitation con- States to the United Nations. graph (A) of that paragraph by striking ‘‘and tained in section 11(b) of the United Nations ‘‘(2) The requirement for periodic reports (ii)’’ and inserting ‘‘through (iv)’’; Participation Act of 1945, as added by sub- under the first sentence of paragraph (1) shall (D) by inserting after paragraph (3) (as so re- section (a), shall apply only with respect to not apply to the provision of intelligence that is designated) the following new paragraph: funds authorized to be appropriated for ‘‘Con- provided only to, and for the use of, appro- ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP- tributions for International Peacekeeping Ac- priately cleared United States Government per- ERATION DEFINED.—As used in paragraphs tivities’’ for fiscal years after fiscal year 1995. sonnel serving with the United Nations. (2)(B) and (3), the term ‘new United Nations (c) CONFORMING REPEAL.—Section 404 of the ‘‘(c) DELEGATION OF DUTIES.—The President peacekeeping operation’ includes any existing or Foreign Relations Authorization Act, Fiscal may not delegate or assign the duties of the otherwise ongoing United Nations peacekeeping Years 1994 and 1995, is repealed. President under this section. operation— SEC. 215. BUY AMERICA REQUIREMENT. ‘‘(d) RELATIONSHIP TO EXISTING LAW.—Noth- ‘‘(A) that is to be expanded by more than 25 ing in this section shall be construed to— Section 11 of the United Nations Participation percent during the period covered by the Secu- ‘‘(1) impair or otherwise affect the authority Act of 1945 is amended by adding after sub- rity Council resolution, as measured by either of the Director of Central Intelligence to protect section (b), as added by this Act, the following the number of personnel participating (or au- intelligence sources and methods from unau- new subsections: thorized to participate) in the operation or the thorized disclosure pursuant to section 103(c)(5) budget of the operation; or ‘‘(c) BUY AMERICA REQUIREMENT.—No funds of the National Security Act of 1947 (50 U.S.C. ‘‘(B) that is to be authorized to operate in a may be obligated or expended to pay any United 403–3(c)(5)); or country in which it was not previously author- States assessed or voluntary contribution for ‘‘(2) supersede or otherwise affect the provi- ized to operate.’’; and United Nations peacekeeping activities unless sions of title V of the National Security Act of (E) in paragraph (5)— the Secretary of State determines and certifies to 1947 (50 U.S.C. 413 et seq.). (i) by striking ‘‘(5) NOTIFICATION’’ and all the designated congressional committees that ‘‘(e) DEFINITION.—As used in this section, the that follows through ‘‘(B) The President’’ and United States manufacturers and suppliers are term ‘appropriate committees of Congress’ means inserting ‘‘(5) QUARTERLY REPORTS.—The Presi- being given opportunities to provide equipment, the Select Committee on Intelligence and the dent’’; and services, and material for such activities equal (ii) by striking ‘‘section 4(d)’’ and all that fol- Committee on Foreign Relations of the Senate to those being given to foreign manufacturers and the Permanent Select Committee on Intel- lows through ‘‘of this section)’’ and inserting and suppliers. ‘‘subsection (d)’’. ligence and the Committee on International Re- ‘‘(d) DESIGNATED CONGRESSIONAL COMMITTEES (b) CONFORMING REPEAL.—Subsection (a) of lations of the House of Representatives.’’. DEFINED.—As used in this section, the term ‘des- section 407 of the Foreign Relations Authoriza- SEC. 217. UNPROFOR FUNDING RESTRICTIONS. ignated congressional committees’ means— tion Act, Fiscal Years 1994 and 1995 (Public Law None of the funds authorized to be appro- 103–236), is repealed. ‘‘(1) the Committee on International Relations priated by this Act may be made available for (c) DESIGNATED CONGRESSIONAL COMMIT- and the Committee on Appropriations of the contributions to the United Nations Protection TEES.—Subsection (g) of section 4 of the United House of Representatives; and Force (UNPROFOR) unless the President cer- Nations Participation Act of 1945 (22 U.S.C. ‘‘(2) the Committee on Foreign Relations and tifies and reports to the Congress during the cal- 287b(g)), as redesignated by subsection (a), is the Committee on Appropriations of the Sen- endar years in which the funds are to be pro- amended to read as follows: ate.’’. vided that— December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18755 (1) the Government of the Republic of Bosnia similar activity that is authorized by the United sibilities in the conduct of the foreign affairs of and Herzegovina supports the continued pres- Nations Security Council under chapter VI or the United States and for other purposes au- ence of UNPROFOR within its territory; VII of the Charter of the United Nations, the thorized by law: (2) UNPROFOR is effectively implementing its costs of which will be assessed by the United (1) INTERNATIONAL BOUNDARY AND WATER mandate under United Nations Security Council Nations to its member countries.’’. COMMISSION, UNITED STATES AND MEXICO.—For resolutions 761, 776, 786, 836, and 958, and is ef- TITLE III—OTHER INTERNATIONAL ‘‘International Boundary and Water Commis- fectively encouraging compliance with United ORGANIZATIONS sion, United States and Mexico’’— Nations Security Council resolutions 752, 757, (A) for ‘‘Salaries and Expenses’’, $12,500,000 CHAPTER 1—AUTHORIZATION OF 770, 771, 787, 820, 824, and 942; for the fiscal year 1996, $12,300,000 for the fiscal APPROPRIATIONS (3) UNPROFOR is providing full cooperation year 1997, $12,100,000 for the fiscal year 1998, and support to the efforts of the United Nations SEC. 301. INTERNATIONAL CONFERENCES AND and $12,000,000 for the fiscal year 1999; and War Crimes Tribunal for the former Yugoslavia CONTINGENCIES. (B) for ‘‘Construction’’, $10,000,000 for the fis- to investigate war crimes and to apprehend and (a) AUTHORIZATION OF APPROPRIATIONS.— cal year 1996, $10,000,000 for the fiscal year 1997, prosecute suspected war criminals; There are authorized to be appropriated for $6,000,000 for the fiscal year 1998, and $6,000,000 (4) UNPROFOR is providing full cooperation ‘‘International Conferences and Contingencies’’, for the fiscal year 1999. (2) INTERNATIONAL BOUNDARY COMMISSION, and support to United States diplomatic, mili- $7,000,000 for the fiscal year 1996, $5,000,000 for UNITED STATES AND CANADA.—For ‘‘Inter- tary, and relief personnel in Bosnia, to include the fiscal year 1997, $4,000,000 for the fiscal year national Boundary Commission, United States transportation and accurate information; and 1998, and $4,000,000 for the fiscal year 1999 for and Canada’’, $740,000 for the fiscal year 1996, (5) UNPROFOR has investigated and taken the Department of State to carry out the au- $720,000 for the fiscal year 1997, $700,000 for the appropriate action against any UNPROFOR ci- thorities, functions, duties, and responsibilities fiscal year 1998, and $700,000 for the fiscal year vilian or military personnel suspected of partici- in the conduct of the foreign affairs of the Unit- 1999. pating in illegal or improper activities, such as ed States with respect to international con- ferences and contingencies and to carry out (3) INTERNATIONAL JOINT COMMISSION.—For black marketeering, embezzlement, expropriation ‘‘International Joint Commission’’, $3,500,000 for of property, and assaults on civilians. other authorities in law consistent with such purposes. the fiscal year 1996, $3,500,000 for the fiscal year SEC. 218. ESCALATING COSTS FOR INTER- (b) CONDITIONAL AUTHORITY.— 1997, $3,500,000 for the fiscal year 1998, and NATIONAL PEACEKEEPING ACTIVI- $3,500,000 for the fiscal year 1999. TIES. (1) Subject to subparagraph (B), in addition to such amounts as are authorized to be appro- (4) INTERNATIONAL FISHERIES COMMISSIONS.— (a) FINDINGS.—The Congress finds that— priated under subsection (a), there is authorized For ‘‘International Fisheries Commissions’’, (1) in fiscal year 1989 the United States pro- $14,669,000 for the fiscal year 1996, $14,400,000 vided $29,000,000 to the United Nations for as- to be appropriated for ‘‘International Con- ferences and Contingencies’’, $1,000,000 for the for the fiscal year 1997, $14,200,000 for the fiscal sessed United States contributions for inter- year 1998, and $14,000,000 for the fiscal year national peacekeeping activities, compared to fiscal year 1996 for the Department of State to carry out the authorities, functions, duties, and 1999. $485,000,000 paid for combined assessed con- SEC. 303. INTERNATIONAL BOUNDARY AND tributions for all other international organiza- responsibilities in the conduct of the foreign af- fairs of the United States with respect to inter- WATER COMMISSION. tions, including the United Nations, all United The Act of May 13, 1924 (49 Stat. 660; 22 national conferences and contingencies and to Nations specialized agencies and the Organiza- U.S.C. 277–277f), is amended in section 3 (22 carry out other authorities in law consistent tion for American States and all other pan U.S.C. 277b) by adding the following new sub- with such purposes. American international organizations; section at the end: (2) The authorization of appropriations under (2) in fiscal year 1994 United States assessed ‘‘(d) Pursuant to the authority of subsection paragraph (1) shall take effect only after the contributions to the United Nations for inter- (a) and in order to facilitate further compliance Secretary of State certifies to the appropriate national peacekeeping activities had grown to with the terms of the Convention for Equitable congressional committees, with respect to any $1,072,000,000, compared to $860,000,000 for com- Distribution of the Waters of the Rio Grande, United Nations Fourth World Conference on bined assessed contributions for all other inter- May 21, 1906, United States-Mexico, the Sec- Women that is held in Beijing, that— national organizations; retary of State, acting through the United (A) no funds of the Department of State were (3) for fiscal year 1995 the President requested States Commissioner of the International expended for travel by any United States official a $672,000,000 United Nations peacekeeping sup- Boundary and Water Commission, may make or delegate to the Fourth World Conference on plemental appropriation which, if approved, improvements to the Rio Grande Canalization Women, to be held in Beijing, August and Sep- would have been a direct increase in the Federal Project, originally authorized by the Act of Au- tember 1995, or budget deficit and would have brought fiscal gust 29, 1935 (49 Stat. 961). Such improvements (B)(i) that the United States vigorously urged year 1995 total appropriations for assessed con- may include all such works as may be needed to the United Nations to grant accreditation to a tributions for United Nations peacekeeping ac- stabilize the Rio Grande in the reach between wide range of nongovernmental organizations, tivities to $1,025,000,000; the Percha Diversion Dam in New Mexico and including United States-based groups represent- (4) for fiscal year 1995 the President also re- the American Diversion Dam in El Paso.’’. ing Taiwanese and Tibetan women, in accord- quested supplemental appropriations of SEC. 304. INTER-AMERICAN ORGANIZATIONS. ance with relevant international standards and $1,900,000,000 to cover the Department of De- Taking into consideration the long-term com- precedents; mitment by the United States to the affairs of fense’s unbudgeted costs for humanitarian and (ii) that the United States pressed the Govern- peacekeeping missions in Haiti, Kuwait and this Hemisphere and the need to build further ment of China to issue visas equitably to rep- upon the linkages between the United States Bosnia, which are in addition to regular United resentatives of accredited nongovernmental or- States assessed contributions to the United Na- and its neighbors, it is the sense of the Congress ganizations; that the Secretary of State, in allocating the tions for peacekeeping activities; and (iii) that the United States encouraged the level of resources for international organiza- (5) for fiscal year 1996 the President requested Government of China and the United Nations to tions, should pay particular attention to fund- $445,000,000 for assessed contributions to the provide the accredited nongovernmental organi- ing levels of the Inter-American organizations. United Nations for international peacekeeping zations with access to the main conference site activities, a funding level most observers believe that is substantially equivalent in manner and CHAPTER 2—GENERAL PROVISIONS to be a significant understatement of actual degree to access afforded at previous major SEC. 311. INTERNATIONAL CRIMINAL COURT PAR- peacekeeping obligations the Administration has United Nations conferences; TICIPATION. committed the United States to support and (iv) that the United States delegation to the The United States may not participate in an which, if accurate, would lead to the third year Fourth World Conference on Women vigorously international criminal court with jurisdiction in a row in which the Administration requests and publicly supported access by representatives over crimes of an international character ex- supplemental appropriations for assessed con- of accredited nongovernmental organizations to cept— tributions to international peacekeeping in ex- the conference, especially with respect to United (1) pursuant to a treaty made in accordance cess of $600,000,000 outside of the regular budget States nongovernmental organizations; with Article II, section 2, clause 2 of the Con- process. (v) that the United States delegation to the stitution; or (2) as specifically authorized by enactment of (b) SENSE OF CONGRESS.—It is the sense of the Fourth World Conference on Women vigorously legislation passed by Congress. Congress that the Executive Branch should promoted universal respect for internationally cease obligating the United States to pay for recognized human rights, including the rights of SEC. 312. PROHIBITION ON ASSISTANCE TO international peacekeeping operations in excess INTERNATIONAL ORGANIZATIONS women; and ESPOUSING WORLD GOVERNMENT. of funds specifically authorized and appro- (vi) that, if the goals of clauses (i), (ii), and priated for this purpose. None of the funds made available by this Act (iii) were not fully accomplished, the United shall be used— SEC. 219. DEFINITION. States issued a formal, public protest to the (1) to pay the United States contribution to The United Nations Participation Act of 1945, United Nations for such a departure from ac- any international organization which engages as amended by this Act, is further amended by cepted international standards. in the direct or indirect promotion of the prin- adding at the end the following new section: SEC. 302. INTERNATIONAL COMMISSIONS. ciple or doctrine of one world government or one ‘‘SEC. 13. DEFINITION. The following amounts are authorized to be world citizenship; or ‘‘For purposes of this Act, the term ‘United appropriated under ‘‘International Commis- (2) for the promotion, direct or indirect, of the Nations peacekeeping activities’ means any sions’’ for the Department of State to carry out principle or doctrine of one world government or peacekeeping, peacemaking, peace-enforcing, or the authorities, functions, duties, and respon- one world citizenship. S 18756 CONGRESSIONAL RECORD — SENATE December 15, 1995 SEC. 313. TERMINATION OF UNITED STATES PAR- (3) sets forth options for achieving the privat- TITLE IV—UNITED STATES INFORMA- TICIPATION IN CERTAIN INTER- ization of the organizations if the Secretary de- TIONAL, EDUCATIONAL, AND CULTURAL NATIONAL ORGANIZATIONS. termines that the privatization is feasible and PROGRAMS Notwithstanding any other provision of law, desirable. none of the funds authorized to be appropriated CHAPTER 1—AUTHORIZATION OF by this or any other Act may be used for pay- (b) DEFINITION.—The committees referred to in APPROPRIATIONS ment of United States membership in any of the subsection (a) are the Committee on Foreign Re- SEC. 401. AUTHORIZATION OF APPROPRIATIONS. following organizations: lations of the Senate and the Committee on The following amounts are authorized to be (1) The United Nations Industrial Develop- International Relations of the House of Rep- appropriated to carry out international infor- ment Organization (UNIDO). resentatives. mation activities, and educational and cultural (2) The Inter-American Indian Institute. SEC. 316. PROHIBITION ON CONTRIBUTIONS TO exchange programs under the United States In- (3) The Pan American Railway Congress Asso- THE INTERNATIONAL NATURAL RUB- formation and Educational Exchange Act of ciation. BER ORGANIZATION. 1948, the Mutual Educational and Cultural Ex- (4) The Interparliamentary Union. change Act of 1961, Reorganization Plan Num- None of the funds authorized to be appro- SEC. 314. INTERNATIONAL COVENANT ON CIVIL ber 2 of 1977, the Radio Broadcasting to Cuba priated by this or any other Act may be used to AND POLITICAL RIGHTS. Act, the Television Broadcasting to Cuba Act, fund any United States contribution to the (a) FINDINGS.—The Congress makes the fol- the Board for International Broadcasting Act, International Natural Rubber Organization. lowing findings: the Inspector General Act of 1978, the National (1) On April 2, 1992, the Senate approved a SEC. 317. PROHIBITION ON CONTRIBUTIONS TO Endowment for Democracy Act, and to carry resolution advising and consenting to ratifica- THE INTERNATIONAL TROPICAL TIM- out other authorities in law consistent with tion of the International Covenant on Civil and BER ORGANIZATION. such purposes: Political Rights, subject to reservations, under- None of the funds authorized to be appro- (1) SALARIES AND EXPENSES.—For ‘‘Salaries standings, declarations, and a proviso intended, priated by this or any other Act may be used to and Expenses’’, $429,000,000 for the fiscal year inter alia, to protect the First Amendment rights fund any United States contribution to the 1996, $387,000,000 for the fiscal year 1997. No of American citizens and other United States International Tropical Timber Organization. funds are authorized to be appropriated for fis- constitutional rights and practices. cal years 1998 and 1999. (2) In accordance with the action of the Sen- SEC. 318. GENERAL ACCOUNTING OFFICE STUDY (2) EDUCATIONAL AND CULTURAL EXCHANGE ate, the President deposited the United States ON THE COST-EFFECTIVENESS AND PROGRAMS.— instrument of ratification of the International EFFICIENCY OF INTERNATIONAL OR- (A) FULBRIGHT ACADEMIC EXCHANGE PRO- Covenant on Civil and Political Rights on June GANIZATIONS TO WHICH THE UNIT- ED STATES MAKES CONTRIBUTIONS. GRAMS.—For the ‘‘Fulbright Academic Exchange 8, 1992, and the Covenant entered into force for Programs’’, $109,500,000 for the fiscal year 1996, the United States on September 8, 1992. (a) COST-EFFECTIVENESS STUDY OF INTER- $101,000,000 for the fiscal year 1997, $93,000,000 (3) On November 2, 1994, the Human Rights NATIONAL ORGANIZATIONS TO WHICH THE UNIT- for the fiscal year 1998, and $93,000,000 for the Committee, established under the Covenant to ED STATES MAKES CONTRIBUTIONS.—The Comp- fiscal year 1999. interpret the Covenant and to receive com- troller General of the United States shall con- (B) OTHER PROGRAMS.—For other educational plaints of noncompliance, adopted General Com- duct a study on the cost-effectiveness and effi- and cultural exchange programs authorized by ment No. 24 regarding reservations to the Cov- ciency of the 51 organizations to which the law, $118,322,000 for the fiscal year 1996, enant. United States makes contributions through the $107,300,000 for the fiscal year 1997, $101,280,000 (4) In General Comment No. 24, the Human Department of State. Such study shall include, for the fiscal year 1998, and $101,280,000 for the Rights Committee claimed for itself the power to but not be limited to— fiscal year 1999. judge the validity under international law of (3) INTERNATIONAL BROADCASTING ACTIVI- reservations to the Covenant, and in the pur- (1) an evaluation of whether such organiza- TIES.—For ‘‘International Broadcasting Activi- ported exercise of this power asserted that res- tions undertake unique activities that are ties’’ under title III, $310,000,000 for the fiscal ervations of the type included in the Senate res- central to the conduct of American foreign pol- year 1996, $300,000,000 for the fiscal year 1997, olution of ratification are invalid, and further icy and which are incapable of being performed $290,000,000 for the fiscal year 1998, and asserted that invalid reservations will be read directly by an agency of the United States Gov- $290,000,000 for the fiscal year 1999. out of instruments of ratification, ‘‘in the sense ernment; and (4) RADIO FREE EUROPE/RADIO LIBERTY.—For that the Covenant will be operative for the re- (2) an evaluation of each organization’s oper- the activities of RFE/RL, Incorporated, there serving party without benefit of the reserva- ational effectiveness, and the potential con- are authorized to be appropriated $75,000,000 for tion’’. sequences of terminated United States funding. each of the fiscal years 1996, 1997, 1998, and (5) The purpose and effect of General Com- (b) REPORT TO CONGRESS.—Not later than one ment No. 24 is to seek to nullify as a matter of 1999. year after the date of enactment of this Act, the (5) RADIO CONSTRUCTION.—For ‘‘Radio Con- international law the reservations, understand- Comptroller General of the United States shall struction’’, $83,000,000 for the fiscal year 1996, ings, declarations, and proviso contained in the prepare and submit a report of the findings of $79,500,000 for the fiscal year 1997, $69,000,000 Senate resolution of ratification, thereby pur- such study to the Committee on Foreign Rela- for the fiscal year 1998, and $65,000,000 for the porting to impose legal obligations on the United tions of the Senate and the Committee on Inter- fiscal year 1999. States never accepted by the United States. national Relations of the House of Representa- (6) TECHNOLOGY INVESTMENT FUND.—For the (6) General Comment No. 24 threatens not tives. only the Supremacy Clause of the United States ‘‘Technology Investment Fund’’, $10,100,000 for Constitution and the constitutional authority of SEC. 319. SENSE OF CONGRESS ON UNITED NA- the fiscal year 1996, $9,500,000 for the fiscal year the Senate with respect to the approval of trea- TIONS FOURTH WORLD CON- 1997. ties, but also the First Amendment rights of FERENCE ON WOMEN IN BEIJING, (7) OFFICE OF THE INSPECTOR GENERAL.—For American citizens and the other United States CHINA. ‘‘Office of the Inspector General’’, $4,100,000 for constitutional rights and practices protected by It is the sense of the Congress that— the fiscal year 1996, $3,900,000 for the fiscal year the reservations, understandings, declarations, 1997. (1) the United Nations Fourth World Con- (8) CENTER FOR CULTURAL AND TECHNICAL and proviso contained in the Senate resolution ference on Women in Beijing, China, should INTERCHANGE BETWEEN EAST AND WEST.—For of ratification. promote a representative American perspective (b) SENSE OF THE SENATE.—It is the sense of ‘‘Center for Cultural and Technical Interchange on issues of equality, peace, and development; between East and West’’, $20,000,000 for the fis- the Senate that the Human Rights Committee and established under the International Covenant cal year 1996, $8,000,000 for the fiscal year 1997, on Civil and Political Rights should revoke its (2) in the event the United States sends a dele- $5,000,000 for the fiscal year 1998, and $5,000,000 General Comment No. 24 adopted on November gation to the Conference, the United States dele- for the fiscal year 1999. 2, 1994. gation should use the voice and vote of the SEC. 402. NATIONAL ENDOWMENT FOR DEMOC- United States— RACY. SEC. 315. UNITED STATES PARTICIPATION IN SIN- GLE COMMODITY INTERNATIONAL (A) to ensure that the biological and social ac- There are authorized to be appropriated to the ORGANIZATIONS. tivity of motherhood is recognized as a valuable Director of the United States Information Agen- (a) REPORT ON PARTICIPATION IN SINGLE-COM- and worthwhile endeavor that should in no cy $32,000,000 for the fiscal year 1996 and MODITY ORGANIZATIONS.—Not later than 180 way, in its form or actions, be demeaned by soci- $29,000,000 for the fiscal year 1997, $25,000,000 days after the date of the enactment of this Act, ety or by the state; for the fiscal year 1998, and $21,000,000 for the the Secretary of State shall transmit to the com- fiscal year 1999 to carry out the National En- (B) to ensure that the traditional family is mittees referred to in subsection (b) a report dowment for Democracy Act (title V of Public upheld as the fundamental unit of society upon that— Law 98–164), of which amount in each fiscal (1) identifies the national interests, if any, which healthy cultures are built and, therefore, year not more than 55 percent shall be available that are served by continuing United States par- receives esteem and protection by society and only for the following organizations, in equal ticipation in single-commodity international or- the state; and allotments: ganizations; (C) to define or agree with any definitions (1) The International Republican Institute (2) assesses the feasibility and desirability of that define gender as the biological classifica- (IRI). the privatization of United States representation tion of male and female, which are the two sexes (2) The National Democratic Institute (NDI). in such organizations; and of the human being. (3) The Free Trade Union Institute (FTUI). December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18757 (4) The Center for International Private En- (3) An assessment of the feasibility and advis- Foreign Relations Authorization Act, Fiscal terprise (CIPE). ability of permitting advertisements on the tele- Years 1990 and 1991 (Public Law 101–246) is CHAPTER 2—USIA AND RELATED vision broadcasts and radio broadcasts of the amended by inserting ‘‘Tinian,’’ after ‘‘Sao AGENCIES AUTHORITIES AND ACTIVITIES agency, including a discussion of the advisabil- Tome,’’. ity of permitting such advertisements by— SEC. 411. PARTICIPATION IN INTERNATIONAL (b) AVAILABILITY OF APPROPRIATIONS.—Sec- (A) United States entities; FAIRS AND EXPOSITIONS. tion 701(f)(4) of the United States Information None of the funds made available by this Act (B) foreign governments; (C) foreign individuals or entities; and and Educational Exchange Act of 1948 (22 may be used by any department, agency, or (D) a combination of such entities, govern- U.S.C. 1476(f)) is amended by striking ‘‘Septem- other entity of the United States to participate ments, and individuals. ber 30, 1995’’ and inserting ‘‘March 1, 1997’’. in an international fair, pavilion, or other major (e) REGULATIONS.—The Director may prescribe (c) TECHNICAL CORRECTION.—Section 314(2)(B) exhibit at any international exposition or regulations to carry out the pilot program. world’s fair in excess of amounts expressly au- of the Foreign Relations Authorization Act, Fis- SEC. 414. AVAILABILITY OF VOICE OF AMERICA cal Years 1994 and 1995 (22 U.S.C. 6213(2)(B)) is thorized to be appropriated for such purpose. AND RADIO MARTI MULTILINGUAL SEC. 412. EXTENSION OF AU PAIR PROGRAMS. COMPUTER READABLE TEXT AND amended by striking ‘‘section 307(e)’’ and insert- (a) REPEAL.—Section 8 of the Eisenhower Ex- VOICE RECORDINGS. ing ‘‘section 308(d)’’. change Fellowship Act of 1990 (Public Law 101– (a) AUTHORITY.—Notwithstanding section 208 (d) RADIO BROADCASTING TO CUBA.—Section 4 454) is repealed. of the Foreign Relations Authorization Act, Fis- of the Radio Broadcasting to Cuba Act (22 (b) AUTHORITY FOR AU PAIR PROGRAMS.—The cal Years 1986 and 1987 (22 U.S.C. 1461–1a) and U.S.C. 1465b) is amended by striking ‘‘Director Director of the United States Information Agen- the second sentence of section 501 of the United of the Voice of America’’ and inserting ‘‘Direc- cy is authorized to continue to administer an au States Information and Educational Exchange tor of the International Broadcasting Bureau’’. pair program, operating on a world-wide basis, Act of 1948 (22 U.S.C. 1461), the Director of the through fiscal year 1999. United States Information Agency is authorized (e) TELEVISION BROADCASTING TO CUBA.—Sec- (c) REPORT.—Not later than October 1, 1998, to make available, upon request, to the Linguis- tion 244(a) of the Television Broadcasting to the Director of the United States Information tic Data Consortium of the University of Penn- Cuba Act (22 U.S.C. 1465cc(a)) is amended by Agency shall submit a report regarding the con- sylvania computer readable multilingual text striking in the third sentence thereof ‘‘Voice of tinued extension of au pair programs to the and recorded speech in various languages. America’’ and inserting ‘‘International Broad- Committee on Foreign Relations of the Senate (b) REIMBURSEMENT.—The Linguistic Data casting Bureau’’. and the Committee on International Relations of Consortium shall, directly or indirectly as ap- (f) INTERNATIONAL BROADCASTING BUREAU.— the House of Representatives. This report shall propriate, reimburse the United States Informa- Section 307 of the Foreign Relations Authoriza- specifically detail the compliance of all au pair tion Agency for any expenses involved in mak- tion Act, Fiscal Years 1994 and 1995 (Public Law organizations with regulations governing au ing such materials available. 103–236) is amended by adding at the end the pair programs as published on February 15, (c) TERMINATION DATE.—The authority of this following new subsection: 1995. section shall terminate 5 years after the date of ‘‘(g) CONSOLIDATION OF ENGINEERING FUNC- SEC. 413. PILOT PROGRAM ON ADVERTISING ON enactment of this Act. USIA TELEVISION AND RADIO SEC. 415. PLAN FOR RADIO FREE ASIA. TION.—For the purpose of achieving economies BROADCASTS. (a) PLAN REQUIRED.—Not later than 90 days and eliminating duplication, the Director of the (a) IN GENERAL.—(1) The Director of the Unit- after the date of the enactment of this Act, the United States Information Agency is authorized ed States Information Agency shall carry out a Director of the United States Information Agen- to appoint, during 1995, up to 15 otherwise pilot program to determine the feasibility and cy shall submit to the Congress a detailed plan qualified United States citizens employed in the advisability of permitting advertisements on the for the establishment and operation of Radio Office of the Vice President for Engineering and television broadcasts and radio broadcasts of Free Asia. Technical Operations of RFE/RL, Incorporated, the agency, including broadcasts of the Voice of (b) CONTENTS OF PLAN.—The plan required by to the competitive service or the career Foreign America, Radio Marti/TV Marti, Worldnet, subsection (a) shall meet the requirements of Service of the United States Information Agency Radio Free Europe/Radio Liberty, and Radio subparagraphs (A) through (C) of section in accordance with the provisions of title 5 of Free Asia. 309(c)(1) of the Foreign Relations Authorization the United States Code, and without regard to (2) The Director shall commence carrying out Act, Fiscal Years 1994 and 1995 (22 U.S.C. sections 301(b) and 306 of the Foreign Service the pilot program not later than 90 days after 6208(c)(1)), except that the plan shall describe Act of 1980, governing appointments in the For- the date of the transmittal to Congress of the the manner in which Radio Free Asia would eign Service. Prior service with RFE/RL, Incor- plan required under subsection (b). meet the funding limitations provided in this porated, by an individual appointed under this (3) The Director shall carry out the pilot pro- Act. subsection shall be credited in determining the gram for 6 months. (c) STATUTORY CONSTRUCTION.—Nothing in length of service of the individual for reduction (b) PROGRAM PLAN.—(1) Not later than 120 this section may be construed to make inap- in force purposes and toward establishing the days after the date of the enactment of this Act, plicable any of the requirements contained in career tenure of the individual.’’. the Director shall prepare and transmit to Con- section 309 of such Act. (h) USE OF FEES FROM EDUCATIONAL ADVIS- gress a plan for carrying out the pilot program SEC. 416. EXPANSION OF MUSKIE FELLOWSHIP ING.—Section 810 of the United States Informa- required under subsection (a). PROGRAM. tion and Educational Exchange Act of 1948 (22 (2) In preparing the plan, the Director shall Section 227 of the Foreign Relations Author- solicit and take into account the comments of U.S.C. 1475e) is amended by inserting ‘‘edu- ization Act, Fiscal Years 1992 and 1993 (22 cational advising,’’ after ‘‘library services,’’. other broadcasting entities funded by the United U.S.C. 2452 note) is amended— States Government on the experiences of and (1) in subsection (a), by striking ‘‘Soviet SEC. 418. GENERAL ACCOUNTING OFFICE STUDY advantages and disadvantages to public tele- Union, Lithuania, Latvia, and Estonia’’ and in- OF DUPLICATION AMONG CERTAIN vision and radio broadcast stations of permit- serting ‘‘former Soviet Union, Lithuania, Lat- INTERNATIONAL AFFAIRS GRANT- ting advertisements on the broadcasts of such via, Estonia, Albania, Bulgaria, Croatia, Czech EES. stations. Republic, Hungary, Poland, Romania, Slovenia, (a) STUDY OF CERTAIN GRANTEES FOR DUPLI- (c) TREATMENT OF REVENUES.—Notwithstand- and the Former Yugoslav Republic of Macedo- CATION OF FUNCTIONS.—The Comptroller Gen- ing any other provision of law, the Director may nia’’; eral of the United States shall conduct a study use any revenues received by the agency under (2) in subsection (c)(5), by striking out after on the purposes and activities of the North/ the pilot program to pay for the cost of the radio ‘‘potential’’ all that follows and inserting in lieu South Center, East-West Center, Asia Founda- and television broadcasting activities of the thereof the following: ‘‘in the fields of business tion, and the National Endowment for Democ- agency. Such funds shall be available for that administration, economics, journalism, law, li- racy and on the extent to which the activities of purpose without fiscal year limitation. brary and information science, public adminis- these organizations duplicate activities that are (d) PROGRAM REPORT.—Not later than 60 days tration, and public policy.’’; conducted elsewhere in the United States Gov- after the date of the completion of the pilot pro- (3) in subsection (b) of the section, by striking ernment. Such study shall include, but not be gram, the Director shall transmit to Congress a out ‘‘Soviet Union, Lithuania, Latvia, and Esto- limited to, an evaluation of whether such orga- report on the pilot program. The report shall in- nia’’ and inserting in lieu thereof ‘‘countries nizations undertake unique activities that are clude the following: specified in subsection (a)’’; central to the conduct of American foreign pol- (1) A description of the pilot program, includ- (4) in subsection (c)(11), by striking ‘‘Soviet icy and that are incapable of being performed ing the number and type of advertisements aired republics, Lithuania, Latvia, and Estonia’’ and directly by an agency of the United States Gov- under the pilot program and the revenues re- inserting ‘‘countries specified in subsection (a)’’; ernment. ceived as a result of the advertisements. and (2) An estimate of the number and type of ad- (5) in the section heading, by striking ‘‘THE (b) REPORT TO CONGRESS.—Not later than one vertisements that would be carried on the tele- SOVIET UNION, LITHUANIA, LATVIA, AND year after the date of enactment of this Act, the vision broadcasts and radio broadcasts of the ESTONIA’’ and inserting ‘‘CERTAIN EUR- Comptroller General of the United States shall agency on an annual basis after the completion ASIAN COUNTRIES’’. prepare and submit a report of the findings of of the pilot program if the agency were author- SEC. 417. CHANGES IN ADMINISTRATIVE AU- such study to the Committee on Foreign Rela- ized to continue to carry such advertisements, THORITIES. tions of the Senate and Committee on Inter- and the revenues that the agency would receive (a) CONTRACT AUTHORITY FOR VOICE OF national Relations of the House of Representa- as a result of carrying such advertisements. AMERICA RADIO FACILITY.—Section 235 of the tives. S 18758 CONGRESSIONAL RECORD — SENATE December 15, 1995 SEC. 419. GENERAL ACCOUNTING OFFICE STUDY penses of the agency primarily responsible for or issued under this section, shall, to the extent OF ACTIVITIES OF THE NORTH/ administering part I of this Act (other than the of such payment, fully acquit and discharge for SOUTH CENTER IN SUPPORT OF THE office of the inspector general of such agency); all purposes the obligation of the person making NORTH AMERICAN FREE TRADE and’’. the payment. No person may be held liable for AGREEMENT. or with respect to anything done or omitted in (a) STUDY OF CERTAIN ACTIVITIES OF THE SEC. 504. OPERATING EXPENSES OF THE OFFICE OF THE INSPECTOR GENERAL. good faith pursuant to and in reliance on this NORTH/SOUTH CENTER DURING CONSIDERATION Section 667(a) of the Foreign Assistance Act of section or any such regulation, order, instruc- OF THE NORTH AFRICAN FREE TRADE AGREE- 1961 (22 U.S.C. 2427(a)), as amended by section tion, or direction. MENT.—The Comptroller General of the United ETERMINATION OF CLAIMS.—(1) The For- States shall conduct a study on the activities of 503, is further amended— (b) D eign Claims Settlement Commission of the Unit- the North/South Center located in Miami, Flor- (1) by redesignating paragraph (2) as para- ed States is authorized to receive and determine ida that had the affect of encouraging Congress graph (3); (2) by striking ‘‘and’’ at the end of paragraph the validity of any claims of United States per- to approve implementing legislation for the (1) (as amended by section 503); and sons against the Government of Iraq (including North American Free Trade Agreement. This (3) by inserting after paragraph (1) the follow- its agencies, instrumentalities, and controlled study shall include, but shall not be limited to, ing: entities). consideration of whether any United States ‘‘(2) $35,000,000 for fiscal year 1996 and Government funds were used for books (includ- (2) The Foreign Claims Settlement Commission $31,500,000 for fiscal 1997 for necessary operat- ing Assessments of the North American Free shall certify awards under this subsection to the ing expenses of the office of the inspector gen- Trade Agreement published in 1993), publica- Secretary of the Treasury not later than 270 eral of such agency; and’’. tions, or other activities which had the affect of days after the date of enactment of this Act. advocating congressional approval of the North TITLE VI—FOREIGN POLICY (c) VESTING AUTHORITY.—The President is au- American Free Trade Agreement, and whether SEC. 601. REPEAL OF PROVISIONS RELATING TO thorized to vest and liquidate as much of the as- such materials or activities violated any laws, INTERPARLIAMENTARY GROUPS. sets of the Government of Iraq in the United regulations, or guidelines on the use of Federal The following provisions of law are hereby re- States that have been blocked pursuant to the funds for lobbying activities. pealed: International Emergency Economic Powers Act (b) REPORT TO CONGRESS.—Not later than six (1) Section 109(b) of the Department of State (50 U.S.C. 1701 et. seq.) as may be necessary to months after the date of enactment of this Act, Authorization Act, fiscal years 1984 and 1985 satisfy claims under subsections (a) and (b). the Comptroller General of the United States (Public Law 98–164) (relating to the British- (d) DEFINITIONS.—For purposes of this sec- shall prepare and submit a report of the find- American Parliamentary Group). tion: ings of such study to the Committee on Foreign (2) Section 109(c) of the Department of State (1) BLOCKED IRAQI ACCOUNTS.—The term Relations of the Senate and Committee on Inter- Authorization Act, fiscal years 1984 and 1985 ‘‘blocked Iraqi accounts’’ means funds on de- national Relations of the House of Representa- (Public Law 98–164) (relating to the United posit in United States financial institutions in tives. States-European Community Interparliamentary which the Government of Iraq has an interest and which were blocked under the International SEC. 420. MANSFIELD FELLOWSHIP PROGRAM RE- Group). QUIREMENTS. (3) Section 105 of the Legislative Branch Ap- Emergency Economic Powers Act (50 U.S.C. 1701 Section 253(4)(B) of the Foreign Relations Au- propriation Act of 1961 (22 U.S.C. 276c–1; relat- et seq.) on or after August 2, 1990. thorization Act, Fiscal Years 1994 and 1995 (22 ing to reporting requirements for (2) UNITED STATES PERSON.—The term ‘‘United U.S.C. 6102(4)(B)) is amended by striking ‘‘cer- Interparliamentary Groups). States person’’ means a person subject to the ju- tain’’ and inserting the following: ‘‘, under cri- (4) The Act entitled ‘‘An Act to authorize par- risdiction of the United States, including— teria established by the Mansfield Center for ticipation by the United States in the (A) any person, wherever located, who is a Pacific Affairs, certain allowances and benefits Interparliamentary Union’’, approved June 28, citizen or resident of the United States, not to exceed the amount of equivalent’’. 1935 (22 U.S.C. 276–276a–4). (B) any person actually within the United SEC. 421. DISTRIBUTION WITHIN THE UNITED (5) The proviso under ‘‘Missions to Inter- States, STATES OF THE UNITED STATES IN- national Organizations’’ in the Departments of (C) any corporation organized under the laws FORMATION AGENCY FILM ENTI- State and Justice, the Judiciary, and Related of the United States or of any State, territory, TLED ‘‘THE FRAGILE RING OF LIFE’’. Agencies Appropriations Act of 1959, approved possession, or district of the United States, and Notwithstanding section 208 of the Foreign June 30, 1958 (Public Law 85–474, as amended). (D) any partnership, association, corporation, Relations Authorization Act, Fiscal Years 1986 (6) Section 7(a) of the Anglo-Irish Agreement or other organization wherever organized or and 1987 (22 U.S.C. 1461–1(a)) and the second Support Act of 1986 (Public Law 99–415). doing business which is owned or controlled by sentence of section 501 of the United States In- (7) Section 168 (relating to the British-Amer- persons described in subparagraph (A), (B), or formation and Education Act of 1948 (22 U.S.C. ican Interparliamentary Group) and section 169 (C), 1461), the Director of the United States Informa- (relating to the Parliamentary Assembly of the and does not include the United States Govern- tion Agency may make available for distribution Organization on Security and Cooperation in ment or any officer or employee thereof acting within the United States the documentary enti- Europe) of the Foreign Relations Authorization in an official capacity. tled ‘‘The Fragile Ring of Life’’, a film about Act, Fiscal Years 1992 and 1993 (22 U.S.C. 276l, SEC. 604. REPORTS REGARDING HONG KONG. coral reefs around the world. 276m). XTENSION OF EPORTING EQUIREMENT SEC. 602. REPEAL OF EXECUTIVE BRANCH MEM- (a) E R R .— TITLE V—UNITED STATES ARMS CONTROL Section 301 of the United States-Hong Kong Pol- AND DISARMAMENT AGENCY AND THE BERSHIP ON THE COMMISSION ON SECURITY AND COOPERATION IN EU- icy Act of 1992 (22 U.S.C. 5731) is amended in AGENCY FOR INTERNATIONAL DEVEL- ROPE. the text above paragraph (1)— OPMENT Section 3 of the Act entitled ‘‘An Act to estab- (1) by inserting ‘‘March 31, 1996,’’ after SEC. 501. AUTHORIZATION OF APPROPRIATIONS. lish a Commission on Security and Cooperation ‘‘March 31, 1995,’’; and (a) FISCAL YEAR 1996.—There are authorized in Europe’’, approved June 3, 1976 (22 U.S.C. (2) by striking ‘‘and March 31, 2000,’’ and in- to be appropriated to carry out the Arms Con- 3003 et seq.) is amended— serting ‘‘March 31, 2000, and every year there- trol and Disarmament Act (22 U.S.C. 2551 et (1) by striking ‘‘twenty-one members’’ and in- after,’’. seq.) $22,700,000 for the fiscal year 1996. serting ‘‘18 members’’; and (b) ADDITIONAL REQUIREMENTS.—In light of (b) FUTURE FISCAL YEARS.—No funds may be (2) by striking paragraphs (3), (4), and (5). deficiencies in reports submitted to the Congress obligated or expended by the United States Arms SEC. 603. AUTHORIZED PAYMENTS. pursuant to section 301 of the United States- Control and Disarmament Agency after March (a) PAYMENT OF LETTERS OF CREDIT.—(1) In Hong Kong Policy Act (22 U.S.C. 5731), the Con- 1, 1997. addition to licenses required to be issued under gress directs that reports required to be submit- SEC. 502. STATUTORY CONSTRUCTION. section 575.510 of title 31, Code of Federal Regu- ted under that section on or after the date of en- Section 33 of the Arms Control and Disar- lations, the Secretary of the Treasury shall di- actment of this Act include detailed information mament Act (22 U.S.C. 2573) is amended by add- rect that licenses be issued to permit payments, on the status of, and other developments affect- ing at the end the following new subsection: as certified under subsection (b), from blocked ing, implementation of the Sino-British Joint ‘‘(c) STATUTORY CONSTRUCTION.—Nothing Iraqi accounts involving an irrevocable letter of Declaration on the Question of Hong Kong, in- contained in this chapter shall be construed to credit issued or confirmed by a foreign bank for cluding— authorize any policy or action by any Govern- the benefit of a United States person of amounts (1) the Basic Law and its consistency with the ment agency which would interfere with, re- owed to such person with respect to goods or Joint Declaration; strict, or prohibit the acquisition, possession, or services lawfully exported to Iraq before August (2) the openness and fairness of elections to use of firearms by an individual for the lawful 2, 1990, whether or not such letter was con- the legislature; purpose of personal defense, sport, recreation, firmed by a United States bank. (3) the openness and fairness of the election of education, or training.’’. (2) Licenses shall be issued under paragraph the chief executive and the executive’s account- SEC. 503. OPERATING EXPENSES. (1) not later than 120 days after the date on ability to the legislature; Section 667(a)(1) of the Foreign Assistance Act which the Foreign Claims Settlement Commis- (4) the treatment of political parties; of 1961 (22 U.S.C. 2427(a)(1)) is amended to read sion certifies an award pursuant to subsection (5) the independence of the judiciary and its as follows: (b). ability to exercise the power of final judgment ‘‘(1) $432,000,000 for fiscal year 1996 and (3) Payments made in compliance with this over Hong Kong law; and $389,000,000 for 1997 for necessary operating ex- subsection or any regulation, order, instruction, (6) the Bill of Rights. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18759 SEC. 605. APPLICABILITY OF TAIWAN RELATIONS SEC. 608. SPECIAL ENVOY FOR TIBET ACT OF 1995. education, medical examinations, training, ACT. (a) SHORT TITLE.—This section may be cited screening, or otherwise facilitate the admission Section 3 of the Taiwan Relations Act (22 as the ‘‘Special Envoy for Tibet Act of 1995’’. into the United States of Iraqi nationals seeking U.S.C. 3302) is amended by adding at the end (b) FINDINGS.—The Congress finds that— refugee status in the United States who are in the following new subsection: (1) the Government of the People’s Republic of Saudi Arabia or Turkey as of the date of enact- ‘‘(d) The provisions of subsections (a) and (b) China withholds meaningful participation in ment of this Act. supersede any provision of the Joint Commu- the governance of Tibet from Tibetans and has SEC. 610. SPECIAL ENVOY FOR NAGORNO- nique of the United States and China of August failed to abide by its own constitutional guaran- KARABAKH. 17, 1982.’’. tee of autonomy for Tibetans; It is the sense of Congress that the President SEC. 606. TAIPEI REPRESENTATIVE OFFICE. (2) the Government of the People’s Republic of should immediately appoint a special envoy For purposes of carrying out its activities in China is responsible for the destruction of much having the rank of Ambassador to offer assist- the United States, the instrumentality known as of Tibet’s cultural and religious heritage since ance in facilitating a negotiated settlement to the Taipei Economic and Cultural Representa- 1959 and continues to threaten the survival of the conflict in Nagorno-Karabakh and to press tive Office as of the date of enactment of this Tibetan culture and religion; for the development of an oil pipeline through Act shall, on and after such date, be known as (3) the Government of the People’s Republic of Azerbaijan, Armenia, and Turkey. the ‘‘Taipei Representative Office’’. China, through direct and indirect incentives— (A) has established discriminatory develop- SEC. 611. REPORT TO CONGRESS CONCERNING SEC. 607. REPORT ON OCCUPIED TIBET. ment and other programs which have resulted in CUBAN EMIGRATION POLICIES. (a) FINDINGS AND DECLARATIONS OF CON- an overwhelming flow of Chinese immigrants Beginning 3 months after the date of the en- GRESS.—The Congress makes the following find- into Tibet, including those areas incorporated actment of this Act, and every 6 months there- ings and declarations: into the Chinese provinces of Sichuan, Yunnan, after, the President shall transmit a report to (1) Historically, Tibet has demonstrated those Gansu, and Qinghai; and the appropriate congressional committees con- attributes which under international law con- (B) has excluded Tibetans from participation cerning the methods employed by the Govern- stitute statehood. It has had a defined territory in important policy decisions, further threaten- ment of Cuba to enforce the United States-Cuba and a permanent population, been under the ing traditional Tibetan life; agreement of September 1994 to restrict the emi- control of its own government, and has engaged (4) the Government of the People’s Republic of gration of the Cuban people from Cuba to the in, or had the capacity to engage in, formal re- China denies Tibetans their fundamental United States, and the treatment by the Govern- lations with other states. human rights, as reported in the Department of ment of Cuba of persons who have been re- (2) Between 1951 and 1959, Tibet was forcibly State’s Country Reports on Human Rights Prac- turned to Cuba pursuant to the United States- and coercively incorporated into the People’s tices for 1993; Cuba agreement of May 1995. Each report trans- Republic of China as an ‘‘autonomous region’’. (5) the President and the Congress have deter- mitted pursuant to this section shall include a (3) Because Tibet’s incorporation into the Peo- mined that the promotion of human rights in detailed account of United States efforts to mon- ple’s Republic of China was involuntary, under Tibet and the protection of Tibet’s religion and itor such enforcement and treatment. international law it is an occupied sovereign culture are important elements in United States- SEC. 612. EFFORTS AGAINST EMERGING INFEC- country and its true representatives continue to China relations and have urged senior members TIOUS DISEASES. be the Dalai Lama and the Tibetan Government of the Government of the People’s Republic of (a) PRIORITIZATION.—The President shall give in exile. China to enter into substantive negotiations on urgent priority to the strengthening of efforts (4) Because the Tibetan people are histori- these matters with the Dalai Lama or his rep- against emerging infectious diseases through the cally, territorially, and culturally distinct from resentative; and development of appropriate United States Gov- the Han Chinese population in the People’s Re- (6) the Government of the People’s Republic of ernment strategies and response mechanisms. public of China, and because of the involuntary China has failed to respond in a good faith (b) STRATEGIC PLAN.—Not later than Feb- loss of their sovereignty, they are entitled to the manner by reciprocating a willingness to begin ruary 1, 1996, the President shall submit to the right of self-determination. negotiations without preconditions, and no sub- Speaker of the House of Representatives and the (5) Credible evidence exists which dem- stantive negotiations have begun. Committee on Foreign Relations of the Senate a onstrates that the Government of the People’s (c) POSITION OF UNITED STATES SPECIAL report outlining a United States strategic plan, Republic of China has consistently denied the ENVOY FOR TIBET.— in cooperation with the international public Tibetan people that right, and instead have sub- (1) ESTABLISHMENT OF POSITION.—There shall health infrastructure, to identify and respond to jected them to a serious pattern of human rights be within the Department of State a United the threat of emerging infectious diseases to the abuses. For example, in 1960 the International States Special Envoy for Tibet, who shall be ap- health of the people of the United States. Commission of Jurists found that the Chinese pointed by the President, by and with the ad- SEC. 613. REPORT ON FIRMS ENGAGED IN EX- authorities in Tibet had violated sixteen articles vice and consent of the Senate. The United of the United Nations Human Rights Declara- PORT OF DUAL-USE ITEMS. States Special Envoy for Tibet shall hold office The Under Secretary of State for Inter- tion. at the pleasure of the President. (6) The United States should seek to establish national Security shall submit a report to Con- (2) RANK OF AMBASSADOR.—The United States gress no later than 180 days after the date of en- a dialogue with those recognized by Congress as Special Envoy for Tibet shall have the personal the true representatives of the Tibetan people, actment of this Act, and every 180 days there- rank of ambassador. after until 1998, detailing an organizational the Dalai Lama, his representatives, and the Ti- (d) RESPONSIBILITIES.— plan to include those firms on the Department betan Government in exile, concerning the situ- (1) AUTHORITIES.—The United States Special of State licensing watch-lists that engage in the ation in Tibet and the future of the Tibetan peo- Envoy for Tibet is authorized and encouraged— exportation of potentially sensitive or dual-use ple and to expand and strengthen United (A) to promote substantive negotiations be- technologies and have been identified or tracked States-Tibet cultural and educational relations, tween the Dalai Lama or his representatives and by similar systems maintained by the Depart- including promoting bilateral exchanges ar- senior members of the Government of the Peo- ment of Defense, Department of Commerce, or ranged directly with the Tibetan Government in ple’s Republic of China; the United States Customs Service. The report exile. (B) to promote good relations between the shall also detail further measures to be taken to (b) REPORT ON UNITED STATES-TIBET RELA- Dalai Lama and his representatives and the strengthen United States export-control mecha- TIONS.— Not later than 6 months after the date United States Government, including meeting nisms. of enactment of this Act, and every 12 months with members or representatives of the Tibetan thereafter, the Secretary of State shall transmit Government in exile; and SEC. 614. PROHIBITION ON THE TRANSFER OF to the Chairman of the Committee on Foreign (C) to travel regularly throughout Tibet and ARMS TO INDONESIA. Relations and the Speaker of the House of Rep- Tibetan refugee settlements. Consistent with section 582 of Public Law 103– resentatives a report on the state of relations be- (2) DUTIES.—The United States Special Envoy 306, the United States is prohibited from selling tween the United States and those recognized by for Tibet shall— or licensing for export to the Government of In- Congress as the true representatives of the Ti- (A) consult with the Congress on policies rel- donesia light arms, small weapons, and crowd betan people, the Dalai Lama, his representa- evant to Tibet and the future and welfare of all control ordnances, including helicopter-mounted tives, and the Tibetan Government in exile, and Tibetan people; equipment, until the Secretary of State deter- on conditions in Tibet. (B) coordinate United States Government poli- mines and reports to the Committee on Foreign (c) SEPARATE TIBET REPORTS.— cies, programs, and projects concerning Tibet; Relations of the Senate and the Committee on (1) It is the sense of the Congress that when- and International Relations of the House of Rep- ever an executive branch report is transmitted to (C) report to the Secretary of State regarding resentatives that there has been significant the Congress on a country-by-country basis the matters described in section 536(a)(2) of the progress made on human rights in East Timor there should be included in such report, where Foreign Relations Authorization Act, Fiscal and elsewhere in Indonesia, including— applicable, a separate report on Tibet listed al- Years 1994 and 1995 (Public Law 103–236). (1) compliance with the recommendations in phabetically with its own state heading. SEC. 609. PROHIBITION ON USE OF FUNDS TO FA- the United Nations Special Rapporteur’s Janu- (2) The reports referred to in paragraph (1) in- CILITATE IRAQI REFUGEE ADMIS- ary 1992 report and the March 1993 rec- clude, but are not limited to, reports transmitted SIONS INTO THE UNITED STATES. ommendations of the United Nations Human under sections 116(d) and 502B(b) of the Foreign None of the funds authorized to be appro- Rights Commission; Assistance Act of 1961 (relating to human priated by this or any other Act may be used for (2) significant reduction in Indonesia’s troop rights). resettlement in the United States, or to provide presence in East Timor; S 18760 CONGRESSIONAL RECORD — SENATE December 15, 1995 (3) thorough and impartial investigation of shown improvement in its efforts to fulfill its (i) in its letter of September 9, 1993, to the gangs and violent civilian groups operating in commitments, the PLO must do far more to dem- Prime Minister of Israel and in its letter of Sep- East Timor; onstrate an irrevocable denunciation of terror- tember 9, 1993, to the Foreign Minister of Nor- (4) improved access to East Timor for Indo- ism and ensure a peaceful settlement of the Mid- way to— nesian and international human rights and hu- dle East dispute, and in particular the PLO (I) recognize the right of the State of Israel to manitarian organizations and journalists, in- must— exist in peace and security; cluding the deployment of United Nations (1) submit to the Palestine National Council (II) accept United Nations Security Council human rights monitors if so requested; for formal approval the necessary changes to Resolutions 242 and 338; (5) constructive participation in the United those articles of the Palestinian National Cov- (III) renounce the use of terrorism and other Nations Secretary General’s efforts to resolve enant which call for Israel’s destruction; acts of violence; the status of East Timor; and (2) make greater efforts to preempt acts of ter- (IV) assume responsibility over all PLO ele- (6) greater local control over political, eco- ror, to discipline violators, and to contribute to ments and personnel in order to assure their nomic, and cultural affairs, with an aim toward stemming the violence that has resulted in the compliance, prevent violations, and discipline resolving the future status of East Timor. deaths of 123 Israeli citizens since the signing of violators; SEC. 615. MIDDLE EAST PEACE FACILITATION ACT the Declaration of Principles; (V) call upon the Palestinian people in the OF 1995. (3) prohibit participation in its activities and West Bank and Gaza Strip to take part in the (a) SHORT TITLE.—This section may be cited in the Palestinian Authority and its successors steps leading to the normalization of life, reject- as the ‘‘Middle East Peace Facilitation Act of by any groups or individuals which continue to ing violence and terrorism, and contributing to 1995’’. promote and commit acts of terrorism; peace and stability; and (b) FINDINGS.—The Congress finds that— (4) cease all anti-Israel rhetoric, which poten- (VI) submit to the Palestine National Council (1) the Palestine Liberation Organization (in tially undermines the peace process; for formal approval the necessary changes to this section referred to as the ‘‘PLO’’) has rec- (5) confiscate all unlicensed weapons and re- the Palestinian National Covenant eliminating ognized the State of Israel’s right to exist in strict the issuance of licenses to those with le- calls for Israel’s destruction; and peace and security; accepted United Nations Se- gitimate need; (ii) in, and resulting from, the good faith im- curity Council Resolutions 242 and 338; commit- (6) transfer any person, and cooperate in plementation of the Declaration of Principles, ted itself to the peace process and peaceful coex- transfer proceedings relating to any person, ac- including good faith implementation of subse- istence with Israel, free from violence and all cused by Israel of acts of terrorism; and quent agreements with Israel, with particular (7) respect civil liberties, human rights and other acts which endanger peace and stability; attention to the objective of preventing terror- democratic norms. and assumed responsibility over all PLO ele- ism, as reflected in the provisions of the Gaza- (d) AUTHORITY TO SUSPEND CERTAIN PROVI- ments and personnel in order to assure their Jericho Agreement concerning— SIONS.— compliance, prevent violations, and discipline (I) prevention of acts of terrorism and legal (1) IN GENERAL.—Subject to paragraph (2), be- measures against terrorists; violators; ginning on the date of enactment of this Act (2) Israel has recognized the PLO as the rep- (II) abstention from and prevention of incite- and for 18 months thereafter the President may ment, including hostile propaganda; resentative of the Palestinian people; suspend for a period of not more than 6 months (3) Israel and the PLO signed a Declaration of (III) operation of armed forces other than the at a time any provision of law specified in para- Principles on Interim Self-Government Arrange- Palestinian Police; graph (4). Any such suspension shall cease to be (IV) possession, manufacture, sale, acquisi- ments (in this section referred to as the ‘‘Dec- effective after 6 months, or at such earlier date tion, or importation of weapons; laration of Principles’’) on September 13, 1993, as the President may specify. (V) employment of police who have been con- at the White House; (2) CONDITIONS.— victed of serious crimes or have been found to be (4) Israel and the PLO signed an Agreement (A) CONSULTATIONS.—Prior to each exercise of actively involved in terrorist activities subse- on the Gaza Strip and the Jericho Area (in this the authority provided in paragraph (1) or cer- quent to their employment; section referred to as the ‘‘Gaza-Jericho Agree- tification pursuant to paragraph (3), the Presi- (VI) transfers to Israel of individuals sus- ment’’) on May 4, 1994, which established a Pal- dent shall consult with the relevant congres- pected of, charged with, or convicted of an of- estinian Authority for the Gaza and Jericho sional committees. The President may not exer- fense that falls within Israeli criminal jurisdic- areas; cise that authority to make such certification tion; (5) Israel and the PLO signed an Agreement until 30 days after a written policy justification (VII) cooperation with the Government of Is- on Preparatory Transfer of Powers and Respon- is submitted to the relevant congressional com- rael in criminal matters, including cooperation sibilities (in this section referred to as the mittees. in the conduct of investigations; and ‘‘Early Empowerment Agreement’’) on August (B) PRESIDENTIAL CERTIFICATION.—The Presi- (VIII) exercise of powers and responsibilities 29, 1994, which provided for the transfer to the dent may exercise the authority provided in under the agreement with due regard to inter- Palestinian Authority of certain powers and re- paragraph (1) only if the President certifies to nationally accepted norms and principles of sponsibilities in the West Bank outside of the the relevant congressional committees each time human rights and the rule of law. Jericho Area; he exercises such authority that— (E) POLICY JUSTIFICATION.—As part of the (6) under the terms of the Declaration of Prin- (i) it is in the national interest of the United President’s written policy justification to be sub- ciples, the Gaza-Jericho Agreement and the States to exercise such authority; mitted to the relevant congressional committees Early Empowerment Agreement, the powers and (ii) the PLO continues to comply with all the pursuant to subparagraph (A), the President responsibilities of the Palestinian Authority are commitments described in subparagraph (D); shall report on— to be assumed by an elected Palestinian Council and (i) the manner in which the PLO has complied with jurisdiction in the West Bank and Gaza (iii) funds provided pursuant to the exercise of with the commitments specified in subparagraph Strip in accordance with the Interim Agreement this authority and the authorities under section (D), including responses to individual acts of to be concluded between Israel and the PLO; 583(a) of Public Law 103–236 and section 3(a) of terrorism and violence, actions to discipline per- (7) permanent status negotiations relating to Public Law 103–125 have been used for the pur- petrators of terror and violence, and actions to the West Bank and Gaza Strip are scheduled to poses for which they were intended. preempt acts of terror and violence; begin by May 1996; (C) REQUIREMENT FOR CONTINUING PLO COM- (ii) the extent to which the PLO has fulfilled (8) the Congress has, since the conclusion of PLIANCE.— the requirements specified in paragraph (3); the Declaration of Principles and the PLO’s re- (i) The President shall ensure that PLO per- (iii) actions that the PLO has taken with re- nunciation of terrorism, provided authorities to formance is continuously monitored, and if the gard to the Arab League boycott of Israel; the President to suspend certain statutory re- President at any time determines that the PLO (iv) the status and activities of the PLO office strictions relating to the PLO, subject to Presi- has not continued to comply with all the com- in the United States; and dential certifications that the PLO has contin- mitments described in subparagraph (D), he (v) the status of United States and inter- ued to abide by commitments made in and in shall so notify the appropriate congressional national assistance efforts in the areas subject connection with or resulting from the good faith committees. Any suspension under paragraph to jurisdiction of the Palestinian Authority or implementation of, the Declaration of Prin- (1) of a provision of law specified in paragraph its successors. ciples; (4) shall cease to be effective. (3) REQUIREMENT FOR CONTINUED PROVISION (9) the PLO commitments relevant to Presi- (ii) Beginning six months after the date of en- OF ASSISTANCE.—Six months after the date of en- dential certifications have included commit- actment of this Act, if the President on the basis actment of this Act, no assistance shall be pro- ments to renounce and condemn terrorism, to of the continuous monitoring of the PLO’s per- vided pursuant to the exercise by the President submit to the Palestinian National Council for formance determines that the PLO is not com- of the authority provided by paragraph (1), un- formal approval the necessary changes to those plying with the requirements described in para- less and until the President determines and so articles of the Palestinian Covenant which call graph (3), he shall so notify the appropriate certifies to the Congress that— for Israel’s destruction, and to prevent acts of congressional committees and no assistance (A) if the Palestinian Council has been elected terrorism and hostilities against Israel; and shall be provided pursuant to the exercise by the and assumed its responsibilities, the Council (10) the President, in exercising the authori- President of the authority provided by para- has, within a reasonable time, effectively dis- ties described in paragraph (8), has certified to graph (1) until such time as the President makes avowed the articles of the Palestine National the Congress on four occasions that the PLO the certification provided for in paragraph (3). Covenant which call for Israel’s destruction, was abiding by its relevant commitments. (D) PLO COMMITMENTS DESCRIBED.—The com- unless the necessary changes to the Covenant (c) SENSE OF CONGRESS.—It is the sense of the mitments referred to in subparagraphs (B) and have already been submitted to the Palestine Congress that although the PLO has recently (C)(i) are the commitments made by the PLO— National Council for formal approval; December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18761 (B) the PLO has exercised its authority reso- hance the ability of the ambassadors to deploy plement the plan unless the Congress before lutely to establish the necessary enforcement in- such personnel and resources to the best effect such date enacts legislation disapproving the stitution, including laws, police, and a judicial to attain the President’s foreign policy objec- plan. system, for apprehending, prosecuting, convict- tives; (e) CONGRESSIONAL PRIORITY PROCEDURES.— ing, and imprisoning terrorists; (7) to encourage United States foreign affairs (1) A joint resolution described in paragraph (2) (C) the PLO has limited participation in the agencies to maintain a high percentage of the which is introduced in a House of Congress Palestinian Authority and its successors to indi- best qualified, most competent United States after the date on which a plan developed under viduals and groups in accordance with the citizens serving in the United States Government subsection (a) is received by Congress, shall be terms that may be agreed with Israel; while downsizing significantly the total number considered in accordance with the procedures (D) the PLO has not provided any financial of people employed by such agencies; and set forth in paragraphs (3) through (7) of sec- or material assistance or training to any group, (8) to ensure that all functions of United tion 8066(c) of the Department of Defense Ap- whether or not affiliated with the PLO to carry States diplomacy be subject to recruitment, propriations Act, 1985 (as contained in Public out actions inconsistent with the Declaration of training, assignment, promotion, and egress Law 98–473 (98 Stat. 1936)), except that— Principles, particularly acts of terrorism against based on common standards and procedures (A) references to the ‘‘report described in Israel; while preserving maximum interchange among paragraph (1)’’ shall be deemed to be references (E) the PLO has cooperated in good faith with such functions. to the joint resolution; and Israeli authorities in the preemption of acts of TITLE XI—ORGANIZATION OF THE DE- (B) references to the Committee on Appropria- terrorism and in the apprehension and trial of PARTMENT OF STATE AND FOREIGN tions of the House of Representatives and to the perpetrators of terrorist acts in Israel, territories SERVICE Committee on Appropriations of the Senate shall controlled by Israel, and all areas subject to ju- be deemed to be references to the Committee on SEC. 1101. OFFICE OF THE SECRETARY OF STATE. risdiction of the Palestinian Authority and its International Relations of the House of Rep- Section 1 of the State Department Basic Au- successors; and resentatives and the Committee on Foreign Rela- (F) the PLO has exercised its authority reso- thorities of 1956 (22 U.S.C. 2651a) is amended— tions of the Senate. (1) by redesignating paragraphs (3) and (4) as lutely to enact and implement laws requiring the (2) A joint resolution under this paragraph is paragraphs (4) and (5), respectively; and disarming of civilians not specifically licensed to a joint resolution the matter after the resolving (2) by inserting after paragraph (2) the follow- possess or carry weapons. clause of which is as follows: ‘‘That the Con- ing new paragraph: (4) PROVISIONS THAT MAY BE SUSPENDED.—The gress disapproves the plan submitted by the ‘‘(3) The Secretary shall serve as the principal provisions that may be suspended under the au- President on llllll pursuant to section foreign policy adviser to the President and thority of paragraph (1) are the following: 1109 of the Foreign Affairs Reinvention Act of shall, under the direction of the President, be (A) Section 307 of the Foreign Assistance Act 1995.’’. responsible for the overall direction, coordina- of 1961 (22 U.S.C. 2227) as it applies with respect (f) RESUBMISSION OF PLAN.—If, within 60 days tion, and supervision of United States foreign to the PLO or entities associated with it. of transmittal of a plan under subsection (c), relations and for the interdepartmental activi- (B) Section 114 of the Department of State Au- Congress enacts legislation disapproving the ties of the United States Government abroad.’’. thorization Act, Fiscal Years 1984 and 1985 (22 plan, the President shall transmit to the appro- U.S.C. 287e note) as it applies with respect to SEC. 1102. ASSUMPTION OF DUTIES BY INCUM- priate congressional committees a revised plan the PLO or entities associated with it. BENT APPOINTEES. developed under subsection (a). (C) Section 1003 of the Foreign Relations Au- An individual holding an office immediately (g) STATUTORY CONSTRUCTION.—Nothing in thorization Act, Fiscal Years 1988 and 1989 (22 prior to the date of enactment of this Act— this section requires the termination of United U.S.C. 5202). (1) who was appointed to the office by the States diplomatic or consular relations with any (D) Section 37 of the Bretton Woods Agree- President, by and with the advice and consent foreign country. ment Act (22 U.S.C. 286W) as it applies to the of the Senate; and (h) DEFINITIONS.—As used in this section: granting to the PLO of observer status or other (2) who performs duties substantially similar (1) APPROPRIATE CONGRESSIONAL COMMIT- official status at any meeting sponsored by or to the duties of an office proposed to be created TEES.—The term ‘‘appropriate congressional associated with International Monetary Fund. under a reorganization plan submitted under committees’’ means the Committee on Inter- As used in this subparagraph, the term ‘‘other section 1501, national Relations of the House of Representa- official status’’ does not include membership in may, in the discretion of the Secretary of State, tives and the Committee on Foreign Relations of the International Monetary Fund. assume the duties of such new office, and shall the Senate. (5) RELEVANT CONGRESSIONAL COMMITTEES DE- not be required to be reappointed by reason of (2) PLAN.—The term ‘‘plan’’ means the plan FINED.—As used in this subsection, the term the implementation of the reorganization plan. developed under subsection (a). ‘‘relevant congressional committees’’ means— SEC. 1103. CONSOLIDATION OF UNITED STATES SEC. 1104. PROCEDURES FOR COORDINATION OF (A) the Committee on International Relations, DIPLOMATIC MISSIONS AND CON- GOVERNMENT PERSONNEL AT OVER- the Committee on Banking, Finance and Urban SULAR POSTS. SEAS POSTS. Affairs, and the Committee on Appropriations of (a) CONSOLIDATION PLAN.—The Secretary of (a) AMENDMENT OF THE FOREIGN SERVICE ACT the House of Representatives; and State shall develop a worldwide plan for the OF 1980.—Section 207 of the Foreign Service Act (B) the Committee on Foreign Relations and consolidation, wherever practicable, on a re- of 1980 (22 U.S.C. 3927) is amended— the Committee on Appropriations of the Senate. gional or areawide basis, of United States mis- (1) by redesignating subsection (c) as sub- sions and consular posts abroad in order to section (e); and DIVISION B—CONSOLIDATION AND carry out this section. (2) by inserting after subsection (b) the follow- REINVENTION OF FOREIGN AFFAIRS (b) CONTENTS OF PLAN.—The plan shall— ing: AGENCIES (1) identify the specific United States diplo- ‘‘(c)(1) In carrying out subsection (b), the SEC. 1001. SHORT TITLE. matic missions and consular posts for consolida- head of each department, agency, or other en- This division may be cited as the ‘‘Foreign Af- tion; tity of the executive branch of Government shall fairs Reinvention Act of 1995’’. (2) identify those missions and posts at which ensure that, in coordination with the Depart- SEC. 1002. PURPOSES. the resident ambassador would also be accred- ment of State, the approval of the chief of mis- The purposes of this division are— ited to other specified states in which the United sion to a foreign country is sought on any pro- (1) to reorganize and reinvent the foreign af- States either maintained no resident official posed change in the size, composition, or man- fairs agencies of the United States in order to presence or maintained such a presence only at date of employees of the respective department, enhance the formulation, coordination, and im- staff level; and agency, or entity (other than employees under plementation of United States foreign policy; (3) provide an estimate of— the command of a United States area military (2) to streamline and consolidate the functions (A) the amount by which expenditures would commander) if the employees are performing du- and personnel of the Department of State, the be reduced through the reduction in the number ties in that country. Agency for International Development, the of United States Government personnel assigned ‘‘(2) In seeking the approval of the chief of United States Information Agency, and the abroad; mission under paragraph (1), the head of a de- United States Arms Control and Disarmament (B) the amount by which expenditures would partment, agency, or other entity of the execu- Agency in order to eliminate redundancies in be reduced through a reduction in the costs of tive branch of Government shall comply with the functions and personnel of such agencies; maintaining United States properties abroad; the procedures set forth in National Security (3) to assist congressional efforts to balance and Decision Directive Number 38, as in effect on the Federal budget and reduce the Federal debt; (C) the amount of revenues generated to the June 2, 1982, and the implementing guidelines is- (4) to ensure that the United States maintain United States through the sale or other disposi- sued thereunder. adequate representation abroad within budg- tion of United States properties associated with ‘‘(d) The Secretary of State, in the sole discre- etary restraints; the posts to be consolidated abroad. tion of the Secretary, may accord diplomatic ti- (5) to ensure that programs critical to the pro- (c) TRANSMITTAL.—Not later than 180 days tles, privileges, and immunities to employees of motion of United States national interests be after the date of enactment of this Act, the Sec- the executive branch of Government who are maintained; retary of State shall transmit a copy of the plan performing duties in a foreign country.’’. (6) to strengthen the authority of United to the appropriate congressional committees. (b) REVIEW OF PROCEDURES FOR COORDINA- States ambassadors over all United States Gov- (d) IMPLEMENTATION.—Not later than 60 days TION.—(1) The President shall conduct a review ernment personnel and resources located in after transmittal of the plan under subsection of the procedures contained in National Secu- United States diplomatic missions in order to en- (c), the Secretary of State shall take steps to im- rity Decision Directive Number 38, as in effect S 18762 CONGRESSIONAL RECORD — SENATE December 15, 1995 on June 2, 1982, and the practices in implemen- prepare for the President, the Secretary of (A) by striking ‘‘Director of the United States tation of those procedures, to determine whether State,’’ and inserting ‘‘shall prepare for the Arms Control and Disarmament Agency’’ and the procedures and practices have been effective President’’. inserting ‘‘Secretary of State’’; and to enhance significantly the coordination among (h) NEGOTIATION MANAGEMENT.—Section 34 (B) by striking ‘‘or the Director’’; the several departments, agencies, and entities (22 U.S.C. 2574) is amended— (7) in section 71(c) of such Act (22 U.S.C. of the executive branch of Government rep- (1) in subsection (a), by striking ‘‘the Presi- 2797(c)), by striking ‘‘Director of the United resented in foreign countries. dent and the Secretary of State’’ and inserting States Arms Control and Disarmament Agency,’’ (2) Not later than 180 days after the date of ‘‘the President’’; and and inserting ‘‘Secretary of State’’; and enactment of this Act, the President shall sub- (2) by striking subsection (b). (8) in section 73(d) of such Act (22 U.S.C. mit to the Committee on Foreign Relations of the (i) VERIFICATION OF COMPLIANCE.—Section 2797b(d)), by striking ‘‘, the Secretary of Com- Senate and the Committee on International Re- 37(d) (22 U.S.C. 2577(d)) is amended by striking merce, and the Director of the United States lations of the House of Representatives a report ‘‘Director’s designee’’ and inserting ‘‘Secretary’s Arms Control and Disarmament Agency’’ and containing the findings of the review conducted designee’’. inserting ‘‘and the Secretary of Commerce’’. under paragraph (1), together with any rec- (j) GENERAL AUTHORITY.—Section 41 (22 (b) Section 1706(b) of the United States Insti- ommendations for legislation as the President U.S.C. 2581) is repealed. tute of Peace Act (22 U.S.C. 4605(b)) is amend- may determine to be necessary. (k) USE OF FUNDS.—Section 48 (22 U.S.C. 2588) ed— is repealed. (1) by striking out paragraph (3); TITLE XII—UNITED STATES ARMS (l) ANNUAL REPORT.—Section 51(a) (22 U.S.C. (2) by redesignating paragraphs (4) and (5) as CONTROL AND DISARMAMENT AGENCY 2593a(a)) is amended by striking ‘‘the Secretary paragraphs (3) and (4), respectively; and SEC. 1201. ABOLITION OF THE ACDA; REF- of State,’’. (3) in paragraph (4) (as redesignated by para- ERENCES IN PART. (m) REQUIREMENT FOR AUTHORIZATION OF AP- graph (2)), by striking ‘‘Eleven’’ and inserting (a) ABOLITION.—The United States Arms Con- PROPRIATIONS.—Section 53 (22 U.S.C. 2593c) is ‘‘Twelve’’. trol and Disarmament Agency is abolished on repealed. (c) The Atomic Energy Act of 1954 is amend- the effective date of this title. (n) ON-SITE INSPECTION AGENCY.—Section 61 ed— (b) CONFORMING REPEAL.—Section 21 of the (22 U.S.C. 2595) is amended— (1) in section 57 b. (42 U.S.C. 2077(b))— Arms Control and Disarmament Act (22 U.S.C. (1) in paragraph (1), by striking ‘‘United (A) in the first sentence, by striking ‘‘the 2561) is repealed. States Arms Control and Disarmament Agency Arms Control and Disarmament Agency,’’, and (c) REFERENCES IN TITLE.—Except as specifi- is’’ and inserting ‘‘Department of State and the (B) in the second sentence, by striking ‘‘the cally provided in this title, whenever in this title Department of Defense are respectively’’; and Director of the Arms Control and Disarmament an amendment or repeal is expressed as an (2) in paragraph (7), by striking ‘‘the United Agency,’’, and amendment to or repeal of a provision, the ref- States Arms Control and Disarmament Agency (2) in section 123 (42 U.S.C. 2153)— (A) in subsection a. (in the text below para- erence shall be deemed to be made to the Arms and’’. Control and Disarmament Act. graph (9)— SEC. 1204. AUTHORIZATION OF APPROPRIATIONS. (i) by striking ‘‘and in consultation with the SEC. 1202. REPEAL OF POSITIONS AND OFFICES. Section 106 of the Foreign Relations Author- Director of the Arms Control and Disarmament The following sections are repealed: ization Act, Fiscal Years 1994 and 1995 (Public Agency (‘the Director’)’’, and (1) Section 22 (22 U.S.C. 2562; relating to the Law 103–236) is amended— (ii) by striking ‘‘and the Director’’ and insert- Director). (1) by amending the section heading to read ing ‘‘and the Secretary of Defense’’, (2) Section 23 (22 U.S.C. 2563; relating to the as follows: (B) in subsection d., in the first proviso, by Deputy Director). ‘‘SEC. 106. DEPARTMENT OF STATE ARMS CON- striking ‘‘Director of the Arms Control and Dis- (3) Section 24 (22 U.S.C. 2564; relating to As- TROL AND DISARMAMENT ACTIVI- armament Agency’’ and inserting ‘‘Secretary of sistant Directors). TIES.’’; Defense’’, and (4) Section 25 (22 U.S.C. 2565; relating to bu- and (C) in the first undesignated paragraph fol- reaus, offices, and divisions). (2) in subsection (a), by inserting ‘‘to the Sec- lowing subsection d., by striking ‘‘the Arms SEC. 1203. AUTHORITIES OF THE SECRETARY OF retary of State’’ after ‘‘appropriated’’. Control and Disarmament Agency,’’. STATE. SEC. 1205. CONFORMING AMENDMENTS. (d) The Nuclear Non-Proliferation Act of 1978 (a) IN GENERAL.—(1) Except as provided in (a) The Arms Export Control Act is amended— is amended— paragraph (2), the Arms Control and Disar- (1) in section 36(b)(1)(D) (22 U.S.C. (1) in section 4, by striking paragraph (2); mament Act (22 U.S.C. 2551 et seq.) is amended 2776(b)(1)(D)), by striking ‘‘Director of the Arms (2) in section 102, by striking ‘‘the Secretary of by striking ‘‘Agency’’ and ‘‘Director’’ each place Control and Disarmament Agency in consulta- State, and the Director of the Arms Control and it appears and inserting ‘‘Department’’ and tion with the Secretary of State and’’ and in- Disarmament Agency’’ and inserting ‘‘and the ‘‘Secretary’’, respectively. serting ‘‘Secretary of State in consultation Secretary of State’’; and (2) No amendment shall be made under para- with’’; (3) in section 602(c), by striking ‘‘the Arms graph (1) to references to the On-Site Inspection (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))— Control and Disarmament Agency,’’. Agency or to the Director of Central Intel- (A) in the first sentence, by striking ‘‘Director (e) Title 5, United States Code, is amended— ligence. of the United States Arms Control and Disar- (1) in section 5313, by striking ‘‘Director of the (b) PURPOSE.—Section 2 (22 U.S.C. 2551) is mament Agency, taking into account the Direc- United States Arms Control and Disarmament amended— tor’s’’ and inserting ‘‘Secretary of State, taking Agency.’’, (1) by striking the second, fourth, fifth, and into account the Secretary’s’’; and (2) in section 5314, by striking ‘‘Deputy Direc- sixth sentences; and (B) in the second sentence, by striking ‘‘The tor of the United States Arms Control and Dis- (2) in the seventh sentence, by striking ‘‘It’’ Director of the Arms Control and Disarmament armament Agency.’’, and all that follows through ‘‘State,’’ and in- Agency is authorized, whenever the Director’’ (3) in section 5315— serting ‘‘The Department of State shall have the and inserting ‘‘The Secretary of State is author- (A) by striking ‘‘Assistant Directors, United authority’’. ized, whenever the Secretary’’; States Arms Control and Disarmament Agency (c) DEFINITIONS.—Section 3 (22 U.S.C. 2552) is (3) in section 42(a) (22 U.S.C. 2791(a))— (4).’’, and amended by striking paragraph (c) and insert- (A) in paragraph (1)(C), by striking ‘‘Director (B) by striking ‘‘Special Representatives of the ing the following: of the United States Arms Control and Disar- President for arms control, nonproliferation, ‘‘(c) The term ‘Department’ means the Depart- mament Agency’’ and inserting ‘‘Secretary of and disarmament matters, United States Arms ment of State. State’’; and Control and Disarmament Agency’’, and insert- ‘‘(d) The term ‘Secretary’ means the Secretary (B) in paragraph (2)— ing ‘‘Special Representatives of the President for of State.’’. (i) in the first sentence, by striking ‘‘Director arms control, nonproliferation, and disar- (d) SCIENTIFIC AND POLICY ADVISORY COMMIT- of the United States Arms Control and Disar- mament matters, Department of State’’, and TEE.—Section 26(b) (22 U.S.C. 2566(b)) is amend- mament Agency’’ and inserting ‘‘Secretary of (4) in section 5316, by striking ‘‘General Coun- ed by striking ‘‘, the Secretary of State, and the State’’; and sel of the United States Arms Control and Disar- Director’’ and inserting ‘‘and the Secretary of (ii) in the second sentence, by striking ‘‘Direc- mament Agency.’’. State’’. tor of the Arms Control and Disarmament Agen- SEC. 1206. REFERENCES IN LAW. (e) PRESIDENTIAL SPECIAL REPRESENTA- cy is authorized, whenever the Director’’ and Any reference in any statute, reorganization TIVES.—Section 27 (22 U.S.C. 2567) is amended inserting ‘‘Secretary of State is authorized, plan, Executive order, regulation, agreement, by striking ‘‘, acting through the Director’’. whenever the Secretary’’; determination, or other official document or pro- (f) PROGRAM FOR VISITING SCHOLARS.—Sec- (4) in section 71(a) of such Act (22 U.S.C. ceeding to the United States Arms Control and tion 28 (22 U.S.C. 2568) is amended— 2797(a)), by striking ‘‘, the Director of the Arms Disarmament Agency or the Director or other of- (1) in the second sentence, by striking ‘‘Agen- Control and Disarmament Agency,’’ and insert- ficial of the United States Arms Control and cy’s activities’’ and inserting ‘‘Department’s ing ‘‘Secretary of State’’; Disarmament Agency shall be deemed to refer arms control, nonproliferation, and disar- (5) in section 71(b)(1) of such Act (22 U.S.C. respectively to the Department of State or the mament activities’’; and 2797(b)(1)), by striking ‘‘Director of the United Secretary of State or other official of the De- (2) in the fourth sentence, by striking ‘‘, and States Arms Control and Disarmament Agency’’ partment of State. all former Directors of the Agency’’. and inserting ‘‘Secretary of State; SEC. 1207. EFFECTIVE DATE. (g) POLICY FORMULATION.—Section 33(a) (22 (6) in section 71(b)(2) of such Act (22 U.S.C. This title, and the amendments made by this U.S.C. 2573(a)) is amended by striking ‘‘shall 2797(b)(2))— title, shall take effect only in the event of the December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18763 abolition of the independent foreign affairs it appears and inserting ‘‘Department of State ‘‘President’’ each place it appears and inserting agencies specified in section 1501(e). in carrying out its informational and edu- ‘‘Secretary of State’’. TITLE XIII—UNITED STATES cational exchange functions’’. SEC. 1306. INTERNATIONAL BROADCASTING AC- INFORMATION AGENCY (f) AUTHORITIES OF THE SECRETARY.—Section TIVITIES. 801(3) (22 U.S.C. 1471(3)) is amended by striking (a) IN GENERAL.—(1) Except as otherwise pro- SEC. 1301. ABOLITION. all ‘‘if the sufficiency’’ and all that follows and vided in paragraph (2), title III of the Foreign The United States Information Agency is abol- inserting ‘‘if the Secretary determines that title Relations Authorization Act, Fiscal Years 1994 ished upon the effective date of this title. to such real property or interests is sufficient;’’. and 1995 (Public Law 103–236) is amended— SEC. 1302. REFERENCES IN LAW. (g) REPEAL OF THE USIA SEAL.—Section 807 (A) by striking ‘‘Director of the United States Any reference in any statute, reorganization (22 U.S.C. 1475b) is repealed. Information Agency’’ or ‘‘Director’’ each place plan, Executive order, regulation, agreement, (h) ACTING ASSOCIATE DIRECTORS.—Section it appears and inserting ‘‘Under Secretary of determination, or other official document or pro- 808 (22 U.S.C. 1475c) is repealed. State for Public Diplomacy’’; ceeding to— (i) DEBT COLLECTION.—Section 811 (22 U.S.C. (B) by striking all references to ‘‘United States (1) the Director of the United States Informa- 1475f) is amended by inserting ‘‘informational Information Agency’’ that were not stricken in tion Agency or the Director of the International and educational exchange’’ before ‘‘activities’’ subparagraph (A) and inserting ‘‘Department of Communication Agency shall be deemed to refer each place it appears. State’’; to the Secretary of State; and (j) OVERSEAS POSTS.—Section 812 (22 U.S.C. (C) in section 305(a)(1), by inserting ‘‘(includ- (2) the United States Information Agency, 1475g) is amended by striking ‘‘United States In- ing activities of the Voice of America previously USIA, or the International Communication formation Agency post’’ each place it appears carried out by the United States Information Agency shall be deemed to refer to the Depart- and inserting ‘‘informational and educational Agency)’’ after ‘‘this title’’; ment of State. exchange post of the Department of State’’. (D) in section 305(b), by striking ‘‘Agency’s’’ SEC. 1303. AMENDMENTS TO TITLE 5. (k) DEFINITION.—Section 4 (22 U.S.C. 1433) is each place it appears and inserting ‘‘Depart- Title 5, United States Code, is amended— amended by adding at the end the following: ment’s’’; and (1) in section 5313, by striking ‘‘Director of the ‘‘(4) ‘informational and educational exchange (E) by striking ‘‘Bureau’’ each place it ap- United States Information Agency.’’; functions’, with respect to the Department of pears and inserting ‘‘Office’’. (2) in section 5315, by striking ‘‘Deputy Direc- State, refers to functions exercised by the United (2) Title III of such Act is amended— tor of the United States Information Agency.’’; States Information Agency before the effective (A) in section 304(c)— and date of title XIII of the Foreign Affairs (i) by striking ‘‘Director’s’’ and inserting (3) in section 5316, by striking ‘‘Deputy Direc- Reinvention Act of 1995.’’. ‘‘Under Secretary’s’’; and tor, Policy and Plans, United States Informa- SEC. 1305. AMENDMENTS TO THE MUTUAL EDU- (ii) in the fifth sentence, by striking ‘‘Director tion Agency.’’ and striking ‘‘Associate Director CATIONAL AND CULTURAL EX- of the United States Information Agency, the (Policy and Plans), United States Information CHANGE ACT OF 1961 (FULBRIGHT- acting Director of the agency’’ and inserting Agency.’’. HAYS ACT). ‘‘Under Secretary of State for Public Diplomacy, SEC. 1304. AMENDMENTS TO UNITED STATES IN- (a) REFERENCES IN SECTION.—Except as spe- the acting Under Secretary’’; FORMATION AND EDUCATIONAL EX- cifically provided in this section, whenever in (B) in sections 305(b) and 307(b)(1), by striking CHANGE ACT OF 1948. this section an amendment or repeal is expressed ‘‘Director of the Bureau’’ each place it appears (a) REFERENCES IN SECTION.—Except as spe- as an amendment or repeal of a provision, the and inserting ‘‘Director of the Office’’; cifically provided in this section, whenever in reference shall be deemed to be made to the Mu- (C) in subsections (i) and (j) of section 308, by this section an amendment or repeal is expressed tual Educational and Cultural Exchange Act of striking ‘‘Inspector General of the United States as an amendment or repeal of a provision, the 1961 (22 U.S.C. 2451 et seq.). Information Agency’’ each place it appears and reference shall be deemed to be made to the (b) IN GENERAL.—The Act (22 U.S.C. 2451 et inserting ‘‘Inspector General for Foreign Af- United States Information and Educational Ex- seq.) is amended by striking ‘‘Director of the fairs’’; and change Act of 1948 (22 U.S.C. 1431 et seq.). International Communication Agency’’ each (D) in section 310(d), by striking ‘‘Director on (b) IN GENERAL.—Except as otherwise pro- place it appears and inserting ‘‘Secretary of the date of enactment of this Act, to the extent vided in this section, the Act (other than section State’’. that the Director’’ and inserting ‘‘Under Sec- 604 and subsections (a) and (c) of section 701) is (c) PROGRAM AUTHORITIES.—(1) Section 102(a) retary on the effective date of title XIII of the amended— (22 U.S.C. 2452(a)) is amended by striking Foreign Affairs Reinvention Act of 1995, to the (1) by striking ‘‘United States Information ‘‘President’’ each place it appears and inserting extent that the Under Secretary’’. Agency’’ each place it appears and inserting ‘‘Secretary of State’’. (b) CONFORMING AMENDMENT TO TITLE 5.— ‘‘Department of State’’; (2) Section 102(b) (22 U.S.C. 2452(b)) is amend- Section 5315 of title 5, United States Code, is (2) by striking ‘‘Director of the United States ed by striking ‘‘President’’ and inserting ‘‘Sec- amended by striking ‘‘Director of the Inter- Information Agency’’ each place it appears and retary of State (except, in the case of para- national Broadcasting Bureau, the United inserting ‘‘Secretary of State’’; graphs (6) and (10), the President)’’. States Information Agency’’ and inserting ‘‘Di- (3) by striking ‘‘Director’’ each place it ap- (d) INTERNATIONAL AGREEMENTS.—Section 103 rector of the International Broadcasting Office, pears and inserting ‘‘Secretary of State’’; (22 U.S.C. 2453) is amended by striking ‘‘Presi- the Department of State’’. (4) by striking ‘‘USIA’’ each place it appears dent’’ each place it appears and inserting ‘‘Sec- SEC. 1307. TELEVISION BROADCASTING TO CUBA. and inserting ‘‘Department of State’’; and retary of State’’. (a) AUTHORITY.—Section 243(a) of the Tele- (5) by striking ‘‘Agency’’ each place it appears (e) PERSONNEL BENEFITS.—Section 104(d) (22 vision Broadcasting to Cuba Act (as contained and inserting ‘‘Department of State. U.S.C. 2454(d)) is amended by striking ‘‘Presi- in part D of title II of Public Law 101–246) (22 (c) SATELLITE AND TELEVISION BROADCASTS.— dent’’ each place it appears and inserting ‘‘Sec- U.S.C. 1465bb(a)) is amended by striking ‘‘Unit- Section 505 (22 U.S.C. 1464a) is amended— retary of State’’. ed States Information Agency (hereafter in this (1) by striking ‘‘Director of the United States (f) FOREIGN STUDENT COUNSELING.—Section part referred to as the ‘Agency’)’’ and inserting Information Agency’’ each of the three places it 104(e)(3) (22 U.S.C. 2454(e)(3)) is amended by ‘‘Department of State (hereafter in this title re- appears and inserting ‘‘Secretary of State’’; striking ‘‘President’’ and inserting ‘‘Secretary of ferred to as the ‘Department’)’’. (2) in subsection (b), by striking ‘‘To be effec- State’’. (b) TELEVISION MARTI SERVICE.—Section 244 tive, the United States Information Agency’’ (g) PUBLICITY AND PROMOTION OVERSEAS.— of such Act (22 U.S.C. 1465cc) is amended— and inserting ‘‘To be effective in carrying out Section 104(e)(4) (22 U.S.C. 2454(e)(4)) is amend- (1) in subsection (a)— this subsection, the Department of State’’; ed by striking ‘‘President’’ and inserting ‘‘Sec- (A) by amending the first sentence to read as (3) by striking ‘‘USIA–TV’’ each place it ap- retary of State’’. follows: ‘‘The Secretary of State shall admin- pears and inserting ‘‘DEPARTMENT OF (h) USE OF FUNDS.—Section 105(e) (22 U.S.C. ister within the Voice of America the Television STATE–TV’’; and 2455(e)) is amended by striking ‘‘President’’ Marti Service.’’, and (4) by striking subsection (e). each place it appears and inserting ‘‘Secretary (B) in the third sentence, by striking ‘‘Direc- (d) NONDISCRETIONARY PERSONNEL COSTS AND of State’’. tor of the United States Information Agency’’ CURRENCY FLUCTUATIONS.—Section 704 (22 (i) REPEAL OF AUTHORITY FOR ABOLISHED AD- and inserting ‘‘Secretary of State’’; U.S.C. 1477b) is amended— VISORY COMMITTEE.—Section 106(c) of the Mu- (2) in subsection (b)— (1) in subsection (b), by inserting after ‘‘au- tual Educational and Cultural Exchange Act of (A) in the subsection heading, by striking thorized by law’’ the following: ‘‘in connection 1961 (22 U.S.C. 2456(c)) is repealed. ‘‘USIA’’ and inserting ‘‘Department of State’’, with carrying out the informational and edu- (j) BUREAU OF EDUCATIONAL AND CULTURAL (B) by striking ‘‘Agency facilities’’ and insert- cational exchange functions of the Depart- AFFAIRS.— ing ‘‘Department facilities’’, and ment’’; and (1) IN GENERAL.—Section 112(a) (22 U.S.C. (C) by striking ‘‘United States Information (2) in subsection (c), by striking ‘‘United 2460(a)) is amended by striking the first sentence Agency Television Service’’ and inserting ‘‘De- States Information Agency’’ each place it ap- and inserting the following: ‘‘In order to carry partment of State Television Service’’; and pears and inserting ‘‘Department of State in out the purposes of this Act, there is established (3) in subsection (c)— carrying out the informational and educational in the Department of State a Bureau for Inter- (A) by striking ‘‘USIA AUTHORITY.—The exchange functions of the Department’’. national Exchange Activities (in this section re- Agency’’ and inserting ‘‘SECRETARY OF STATE (e) REPROGRAMMING NOTIFICATIONS.—Section ferred to as the ‘‘Bureau’’). AUTHORITY.—The Secretary of State’’; and 705 (22 U.S.C. 1477c) is amended by striking (2) IMPLEMENTATION OF PROGRAMS.—Section (B) by striking ‘‘Agency’’ the second place it ‘‘United States Information Agency’’ each place 112(c) (22 U.S.C. 2460(c)) is amended by striking appears and inserting ‘‘Secretary of State’’. S 18764 CONGRESSIONAL RECORD — SENATE December 15, 1995

(c) ASSISTANCE FROM OTHER GOVERNMENT States Information Agency’’ and inserting ‘‘De- (1) in the first sentence, by striking ‘‘mission AGENCIES.—Section 246 of such Act (22 U.S.C. partment of State’’. of the United States Information Agency’’ and 1465dd) is amended— (c) FREEDOM OF INFORMATION.—Section 506 of inserting ‘‘mission of the Department of State in (1) by striking ‘‘United States Information such Act (22 U.S.C. 4415) is amended— carrying out its information, educational, and Agency’’ and inserting ‘‘Department of State’’; (1) in subsection (b)— cultural functions’’; and (A) by striking ‘‘Director’’ each of the three (2) in the second sentence, in the text above (2) by striking ‘‘the Agency’’ and inserting places it appears and inserting ‘‘Secretary’’; paragraph (1), by striking ‘‘United States Infor- ‘‘the Department’’. and mation Agency’’ and inserting ‘‘Department of (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- (B) by striking ‘‘of the United States Informa- State’’; tion 247(a) of such Act (22 U.S.C. 1465ee(a)) is tion Agency’’ and inserting ‘‘of State’’; and (3) in paragraph (1)(B), by striking ‘‘Agency’’ repealed. (2) in subsection (c)— and inserting ‘‘Department’’; and (A) in the subsection heading by striking SEC. 1308. RADIO BROADCASTING TO CUBA. (4) in paragraph (5), by striking ‘‘mission of ‘‘USIA’’ and inserting ‘‘DEPARTMENT OF (a) FUNCTIONS OF THE DEPARTMENT OF the Agency’’ and inserting ‘‘mission described in STATE’’; this section’’. STATE.—Section 3 of the Radio Broadcasting to (B) by striking ‘‘Director’’ each of the three Cuba Act (22 U.S.C. 1465a) is amended— SEC. 1315. CONSOLIDATION OF ADMINISTRATIVE places it appears and inserting ‘‘Secretary’’; SERVICES. (1) in the section heading, by striking ‘‘United (C) by striking ‘‘of the United States Informa- States Information Agency’’ and inserting ‘‘De- Section 23 of the State Department Basic Au- tion Agency’’ and inserting ‘‘of State’’; and thorities Act of 1956 (22 U.S.C. 2695(a)) is partment of State’’; (D) by striking ‘‘United States Information amended— (2) in subsection (a), by striking ‘‘United Agency’’ and inserting ‘‘Department of State’’. (1) by striking ‘‘(including’’ and all that fol- States Information Agency (hereafter in this Act SEC. 1310. UNITED STATES SCHOLARSHIP PRO- referred to as the ‘Agency’)’’ and inserting ‘‘De- lows through ‘‘Agency)’’; and GRAM FOR DEVELOPING COUN- (2) by striking ‘‘other such agencies’’ and in- partment of State (hereafter in this Act referred TRIES. serting ‘‘other Federal agencies’’. to as the ‘Department’)’’; (a) PROGRAM AUTHORITY.—Section 603 of the (3) by striking subsection (d); and Foreign Relations Authorization Act, Fiscal SEC. 1316. GRANTS. (4) in subsection (f), by striking ‘‘Director of Years 1986 and 1987 (22 U.S.C. 4703) is amended Section 212 of the Foreign Relations Author- the United States Information Agency’’ and in- by striking ‘‘United States Information Agency’’ ization Act, Fiscal Years 1992 and 1993 (22 serting ‘‘Secretary of State’’. and inserting ‘‘Department of State’’. U.S.C. 1475h) is amended— (b) CUBA SERVICE.—Section 4 of such Act (22 (b) GUIDELINES.—Section 604(11) of such Act (1) in subsection (a), by striking ‘‘United U.S.C. 1465b) is amended— (22 U.S.C. 4704(11)) is amended by striking States Information Agency’’ and inserting ‘‘De- (1) by amending the first sentence to read as ‘‘United States Information Agency’’ and insert- partment of State, in carrying out its inter- follows: ‘‘The Secretary of State shall admin- ing ‘‘Department of State’’. national information, educational, and cultural ister within the Voice of America the Cuba Serv- (c) POLICY REGARDING OTHER INTERNATIONAL functions,’’; ice (hereafter in this section referred to as the EDUCATIONAL PROGRAMS.—Section 606(b) of (2) in subsection (b), by striking ‘‘United ‘Service’).’’; and such Act (22 U.S.C. 4706(b)) is amended— States Information Agency’’ and inserting ‘‘De- (2) in the third sentence, by striking ‘‘Director (1) in the subsection heading, by striking partment of State’’; of the United States Information Agency’’ and ‘‘USIA’’ and inserting ‘‘STATE DEPARTMENT’’; (3) in subsection (c)— inserting ‘‘Secretary of State’’. and (A) in paragraph (1), by striking ‘‘United (c) ASSISTANCE FROM OTHER GOVERNMENT (2) by striking ‘‘Director of the United States States Information Agency shall substantially AGENCIES.—Section 6 of such Act (22 U.S.C. Information Agency’’ and inserting ‘‘Secretary comply with United States Information Agency’’ 1465d) is amended— of State’’. and inserting ‘‘Department of State, in carrying (1) in subsection (a)— (d) GENERAL AUTHORITIES.—Section 609(e) of out its international information, educational, (A) by striking ‘‘United States Information such Act (22 U.S.C. 4709(e)) is amended by strik- and cultural functions, shall substantially com- Agency’’ and inserting ‘‘Department of State’’; ing ‘‘United States Information Agency’’ and ply with Department of State’’; and and inserting ‘‘Department of State’’. (B) in paragraph (2), by striking ‘‘United (B) by striking ‘‘the Agency’’ and inserting SEC. 1311. NATIONAL SECURITY EDUCATION States Information Agency’’ and inserting ‘‘De- ‘‘the Department’’; and BOARD. partment of State’’; and (2) in subsection (b)— Section 803 of the Intelligence Authorization (C) in paragraphs (2) and (3), by striking (A) by striking ‘‘The Agency’’ and inserting Act, Fiscal Year 1992 (50 U.S.C. 1903(b)) is ‘‘Agency’’ each of the two places it appears and ‘‘The Department’’; and amended— inserting ‘‘Department’’; and (B) by striking ‘‘the Agency’’ and inserting (1) in subsection (b)— (4) by striking subsection (d). ‘‘the Secretary of State’’. (A) by striking paragraph (6); and SEC. 1317. BAN ON DOMESTIC ACTIVITIES. (d) FACILITY COMPENSATION.—Section 7 of (B) by redesignating paragraph (7) as para- Section 208 of the Foreign Relations Author- such Act (22 U.S.C. 1465e) is amended— graph (6); and ization Act, Fiscal Years 1986 and 1987 (22 (1) in subsection (b), by striking ‘‘the Agency’’ (2) in subsection (c), by striking ‘‘subsection U.S.C. 1461–1a) is amended— and inserting ‘‘the Department’’; and (b)(7)’’ and inserting ‘‘subsection (b)(6)’’. (1) by striking out ‘‘United States Information (2) in subsection (d), by striking ‘‘Agency’’ SEC. 1312. CENTER FOR CULTURAL AND TECH- Agency’’ each of the two places it appears and and inserting ‘‘Department’’. NICAL INTERCHANGE BETWEEN inserting ‘‘Department of State’’; and NORTH AND SOUTH. (e) AUTHORIZATION OF APPROPRIATIONS.—Sec- (2) by inserting ‘‘in carrying out international Section 208 of the Foreign Relations Author- tion 8 of such Act (22 U.S.C. 1465f) is amended— information, educational, and cultural activities ization Act, Fiscal Years 1992 and 1993 (22 (1) by striking subsections (a) and (b) and in- comparable to those previously administered by U.S.C. 2075) is amended by striking ‘‘Director of serting the following: the United States Information Agency’’ before the United States Information Agency’’ each ‘‘(a) The amount obligated by the Department ‘‘shall be distributed’’. place it appears and inserting ‘‘Secretary of of State each fiscal year to carry out this Act SEC. 1318. CONFORMING REPEAL TO THE ARMS State’’. shall be sufficient to maintain broadcasts to CONTROL AND DISARMAMENT ACT. Cuba under this Act at rates no less than the SEC. 1313. CENTER FOR CULTURAL AND TECH- Section 34(b) of the Arms Control and Disar- NICAL INTERCHANGE BETWEEN mament Act (22 U.S.C. 2574(b)) is repealed. fiscal year 1985 level of obligations by the former EAST AND WEST. United States Information Agency for such SEC. 1319. REPEAL RELATING TO PROCUREMENT (a) DUTIES.—Section 703 of the Mutual Secu- OF LEGAL SERVICES. broadcasts.’’; and rity Act of 1960 (22 U.S.C. 2055) is amended— (2) by redesignating subsection (c) as sub- (1) in the text above paragraph (1), by striking Section 26(b) of the State Department Basic section (b). ‘‘Director of the United States Information Authorities Act of 1956 (22 U.S.C. 2698(b)) is re- SEC. 1309. NATIONAL ENDOWMENT FOR DEMOC- Agency’’ (hereinafter referred to as the ‘Direc- pealed. RACY. tor’)’’ and inserting ‘‘Secretary of State (herein- SEC. 1320. REPEAL RELATING TO PAYMENT OF (a) GRANTS.—Section 503 of Public Law 98– after referred to as the ‘Secretary’); and SUBSISTENCE EXPENSES. 164, as amended (22 U.S.C. 4412) is amended— (2) in paragraph (1), by striking ‘‘establish- Section 32 of the State Department Basic Au- (1) in subsection (a)— ment and’’. thorities Act of 1956 (22 U.S.C. 2704) is amended (A) by striking ‘‘Director of the United States (b) ADMINISTRATION.—Section 704 of such Act by striking the second sentence. Information Agency’’ and inserting ‘‘Secretary (22 U.S.C. 2056) is amended— SEC. 1321. CONFORMING AMENDMENT TO THE of State’’; (1) by striking ‘‘Director of the United States SEED ACT. (B) by striking ‘‘the Agency’’ and inserting Information Agency’’ and inserting ‘‘Secretary Section 2(c) of the Support for East European ‘‘the Department of State’’; and of State’’; and Democracy (SEED) Act of 1989 (22 U.S.C. (C) by striking ‘‘the Director’’ and inserting (2) by striking ‘‘Director’’ each place it ap- 5401(c)) is amended in paragraph (17) by strik- ‘‘the Secretary of State’’; and pears and inserting ‘‘Secretary’’. ing ‘‘United States Information Agency’’ and (2) in subsection (b), by striking ‘‘United SEC. 1314. MISSION OF THE DEPARTMENT OF inserting ‘‘Department of State’’. States Information Agency’’ and inserting ‘‘De- STATE. SEC. 1322. INTERNATIONAL CULTURAL AND partment of State’’. Section 202 of the Foreign Relations Author- TRADE CENTER COMMISSION. (b) AUDITS.—Section 504(g) of such Act (22 ization Act, Fiscal Year 1979 (22 U.S.C. 1461–1) Section 7(c)(1) of the Federal Triangle Devel- U.S.C. 4413(g)) is amended by striking ‘‘United is amended— opment Act (40 U.S.C. 1106(c)(1)) is amended— December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18765 (1) in the text above subparagraph (A), by is amended by striking ‘‘Director of the United (1) in the first sentence, by inserting before striking ‘‘15 members’’ and inserting ‘‘14 mem- States Information Agency’’ each place it ap- the period the following: ‘‘, except that func- bers’’; pears and inserting ‘‘Secretary of State’’. tions conferred upon the President in part I of (2) by striking subparagraph (F); and SEC. 1327. MIKE MANSFIELD FELLOWSHIPS. this Act may be exercised by the Secretary of (3) by redesignating subparagraphs (G) Part C of title II of the Foreign Relations Au- State’’; and through (J) as subparagraphs (F) through (I), thorization Act, Fiscal Years 1994 and 1995 (22 (2) in the second and third sentences, by strik- respectively. U.S.C. 6101 et seq.) is amended— ing ‘‘head of any such agency’’ each place it SEC. 1323. OTHER LAWS REFERENCED IN REOR- (1) by striking ‘‘Director of the United States appears and inserting ‘‘Secretary of State and GANIZATION PLAN NO. 2 OF 1977. Information Agency’’ each place it appears and any other head of any such agency’’. (a) IMMIGRATION AND NATIONALITY ACT.—(1) inserting ‘‘Secretary of State’’; and SEC. 1404. REPEAL OF POSITIONS; EMPLOYMENT Section 101(a)(15)(J) of the Immigration and Na- (2) by striking ‘‘United States Information AND CONTRACTING AUTHORITIES. tionality Act (8 U.S.C. 1101(a)(15)(J)) is amended Agency’’ each place it appears and inserting The following sections are repealed: by striking ‘‘Director of the United States Infor- ‘‘Department of State’’. (1) Section 624 (a), (b), (c), and (e) (22 U.S.C. mation Agency’’ and inserting ‘‘Secretary of SEC. 1328. UNITED STATES ADVISORY COMMIT- 2384 (a), (b), (c), and (e); relating to statutory State’’. TEE FOR PUBLIC DIPLOMACY. officers). (2) Section 212(e) of such Act (8 U.S.C. 1182(e)) Section 604 of the United States Information (2) Section 626 (a) and (b) (22 U.S.C. 2386 (a) is amended— and Educational Exchange Act of 1948 (22 and (b); relating to experts and consultants). (A) by striking ‘‘Director of the United States U.S.C. 1469) is amended— SEC. 1405. DEVELOPMENT LOAN COMMITTEE. Information Agency’’ and inserting ‘‘Secretary (1) in subsection (c)(1)— Section 122(e) (22 U.S.C. 2151t(e)) is amended of State’’; and (A) by striking ‘‘the Director of the United by inserting after the first sentence the follow- (B) by striking ‘‘Director’’ each place it ap- States Information Agency,’’; and ing new sentence: ‘‘The Secretary of State shall (B) by striking ‘‘Director or the Agency, and pears and inserting ‘‘Secretary’’. serve as Chairman of the Committee.’’. (b) ARTS AND ARTIFACTS INDEMNITY ACT.— shall appraise the effectiveness of policies and programs of the Agency’’ and inserting ‘‘Sec- SEC. 1406. DEVELOPMENT COORDINATION COM- Section 3(a) of the Arts and Artifacts Indemnity MITTEE. Act (20 U.S.C. 972(a)) is amended by striking out retary of State or the Department of State, and (a) ANNUAL REPORT.—Section 634(a) (22 ‘‘Director of the United States Information shall appraise the effectiveness of the informa- U.S.C. 2394(a)) is amended in the text above Agency’’ and inserting in lieu thereof ‘‘Sec- tion, educational, and cultural policies and pro- paragraph (1)(A) by striking ‘‘Chairman of the retary of State’’. grams of the Department’’; Development Coordination Committee’’ and in- (c) NATIONAL FOUNDATION ON THE ARTS AND (2) in subsection (c)(2), in the first sentence— serting ‘‘Secretary of State’’. THE HUMANITIES ACT OF 1965.—Section 9(b) of (A) by striking ‘‘the Secretary of State, and (b) COORDINATION.—Section 640B(a) (22 the National Foundation on the Arts and the the Director of the United States Information U.S.C. 2399(a)) is amended by striking ‘‘head of Humanities Act of 1965 (20 U.S.C. 958(b)) is Agency’’ and inserting ‘‘, and the Secretary of the agency primarily responsible for administer- amended by striking out ‘‘a member designated State’’; ing part I, Chairman, and representatives of the by the Director of the United States Information (B) by striking ‘‘Agency’’ the first place it ap- Departments of State,’’ and inserting ‘‘Secretary Agency,’’ and inserting in lieu thereof ‘‘a mem- pears and inserting ‘‘Department of State’’; and of State,’’. ber designated by the Secretary of State,’’. (C) by striking ‘‘Director for effectuating the purposes of the Agency’’ and inserting ‘‘Sec- SEC. 1407. PUBLIC LAW 83–480 PROGRAM. (d) WOODROW WILSON MEMORIAL ACT OF 1968.—Section 3(b) of the Woodrow Wilson Me- retary for effectuating the information, edu- The Agricultural Trade Development and As- morial Act of 1968 (20 U.S.C. 80f(b)) is amend- cational, and cultural functions of the Depart- sistance Act of 1954 (Public Law 83–480; 7 U.S.C. ed— ment’’; 1691 et seq.) is amended— (3) in subsection (c)(3), by striking ‘‘programs (1) in the matter preceding paragraph (1), by (1) by striking ‘‘Administrator’’ each place it conducted by the Agency’’ and inserting ‘‘infor- striking out ‘‘19 members’’ and inserting in lieu appears and inserting ‘‘Secretary of State’’; and mation, educational, and cultural programs thereof ‘‘18 members’’; (2) in section 402 (7 U.S.C. 1732)— (2) by striking out paragraph (7); and conducted by the Department of State’’; and (A) by striking paragraph (1); and (4) in subsection (c)(4), by striking ‘‘Director (3) by redesignating paragraphs (8), (9), and (B) by redesignating paragraphs (2) through of the United States Information Agency’’ and (10) as paragraphs (7), (8), and (9), respectively. (8) as paragraphs (1) through (7), respectively. inserting ‘‘Secretary of State’’. (e) PUBLIC LAW 95–86.—Title V of the Depart- SEC. 1408. CONFORMING AMENDMENTS TO TITLE ments of State, Justice, and Commerce, the Judi- SEC. 1329. EFFECTIVE DATE. 5, UNITED STATES CODE. ciary, and Related Agencies Appropriations Act, This title, and the amendments made by this (a) ADMINISTRATOR.—Section 5313 of title 5, 1978 (Public Law 95–86) is amended in the third title, shall take effect only in the event of the United States Code, is amended by striking ‘‘Ad- proviso of the paragraph ‘‘SALARIES AND EX- abolition of the independent foreign affairs ministrator, Agency for International Develop- PENSES’’ under the heading ‘‘UNITED STATES IN- agencies specified in section 1501(e). ment.’’. FORMATION AGENCY’’ (22 U.S.C. 1461b) by strik- TITLE XIV—AGENCY FOR INTERNATIONAL (b) DEPUTY ADMINISTRATOR.—Section 5314 of ing out ‘‘the United States Information Agency DEVELOPMENT AND THE INTER- title 5, United States Code, is amended by strik- is authorized,’’ and inserting in lieu thereof NATIONAL DEVELOPMENT COOPERA- ing ‘‘Deputy Administrator, Agency for Inter- ‘‘the Secretary of State may,’’. TION AGENCY national Development.’’. (f) ACT OF JULY 9, 1949.—The Act of July 9, SEC. 1401. ABOLITIONS; REFERENCES IN PART. (c) ASSISTANT ADMINISTRATORS.—Section 5315 1949 (63 Stat. 408; chapter 301; 22 U.S.C. 2681 et (a) ABOLITIONS.—The Agency for Inter- of title 5, United States Code, is amended by seq.) is repealed. national Development and the International De- striking ‘‘Assistant Administrators, Agency for SEC. 1324. EXCHANGE PROGRAM WITH COUN- velopment Cooperation Agency (exclusive of International Development (6).’’. TRIES IN TRANSITION FROM TOTALI- components expressly established by statute or (d) REGIONAL ASSISTANT ADMINISTRATORS.— TARIANISM TO DEMOCRACY. reorganization plan) are abolished upon the ef- Section 5315 of title 5, United States Code, is Section 602 of the National and Community fective date of this title. amended by striking ‘‘Regional Assistant Ad- Service Act of 1990 (22 U.S.C. 2452a) is amend- (b) REFERENCES IN PART.—Except as specifi- ministrators, Agency for International Develop- ed— cally provided in this title, whenever in this title ment (4).’’. (1) in the second sentence of subsection (a), by an amendment or repeal is expressed as an (e) GENERAL COUNSEL.—Section 5316 of title 5, striking ‘‘United States Information Agency’’ amendment to or repeal of a provision, the ref- United States Code, is amended by striking and inserting ‘‘Department of State’’; and erence shall be deemed to be made to the Foreign ‘‘General Counsel of the Agency for Inter- (2) in subsection (b)— Assistance Act of 1961. national Development.’’. (A) by striking ‘‘appropriations account of the SEC. 1402. REFERENCES IN THE FOREIGN ASSIST- SEC. 1409. TRADE PROMOTION COORDINATING United States Information Agency’’ and insert- ANCE ACT OF 1961. COMMITTEE. ing ‘‘appropriate appropriations account of the References in the Foreign Assistance Act of Section 2312 of the Export Enhancement Act Department of State’’; and 1961 (22 U.S.C. 2151 et seq.) to— of 1988 (15 U.S.C. 4727) is amended— (B) by striking ‘‘and the United States Infor- (1) the ‘‘administrator of the agency primarily (1) in subsection (d)(1)— mation Agency’’. responsible for administering part I of this Act’’, (A) by striking subparagraph (I); and SEC. 1325. EDMUND S. MUSKIE FELLOWSHIP PRO- ‘‘administrator of the agency primarily respon- (B) by redesignating subparagraphs (J) GRAM. sible for administering this part’’, and the ‘‘Ad- through (M) as subparagraphs (I) through (L), Section 227 of the Foreign Relations Author- ministrator’’ shall be deemed to be references to respectively; and ization Act, Fiscal Years 1992 and 1993 (22 the Secretary of State; and (2) in subsection (f)— U.S.C. 2452 note) is amended— (2) the ‘‘agency primarily responsible for ad- (A) by inserting ‘‘the Committee on Foreign (1) in subsection (b), by striking ‘‘United ministering part I of this Act’’, the ‘‘agency pri- Relations and’’ after ‘‘submit to’’; and States Information Agency’’ and inserting ‘‘De- marily responsible for administering this part’’, (B) by striking ‘‘Foreign Affairs’’ and insert- partment of State’’; and and ‘‘agency’’ (except as used in sections 231 ing ‘‘International Relations’’. (2) by striking subsection (d). and 661 of such Act) shall be deemed to be the SEC. 1410. CHIEF FINANCIAL OFFICER. SEC. 1326. IMPLEMENTATION OF CONVENTION ON Department of State. Section 901(b)(2) of title 31, United States CULTURAL PROPERTY. SEC. 1403. EXERCISE OF FUNCTIONS BY THE SEC- Code, is amended— Title III of the Convention on Cultural Prop- RETARY OF STATE. (1) by striking subparagraph (A) (relating to erty Implementation Act (19 U.S.C. 2601 et seq.) Section 621(a) (22 U.S.C. 2381(a)) is amended— the Agency for International Development); and S 18766 CONGRESSIONAL RECORD — SENATE December 15, 1995 (2) by redesignating subparagraphs (B) and set forth a schedule for such transfers, sep- form functions that are funded under major through (H) as subparagraphs (A) through (G), arations, and terminations; budget category 150 and includes the United respectively. (4) specify the consolidations, mergers, and re- States Arms Control and Disarmament Agency, SEC. 1411. REFERENCES IN LAW. organization of functions of the Department the United States Information Agency, the Any reference in any statute, reorganization that will be required under the plan in order to Agency for International Development, and the plan, Executive order, regulation, agreement, permit the Department to carry out the func- International Development Cooperation Agency. determination, or other official document or pro- tions transferred to the Department under the TITLE XVI—TRANSITION PROVISIONS plan; ceeding to the Agency for International Devel- SEC. 1601. TRANSFER OF FUNCTIONS. opment or the International Development Co- (5) specify the funds available to the inde- pendent foreign affairs agency or agencies that (a) DEPARTMENT OF STATE.—Except as other- operation Agency (insofar as it exercises AID wise provided in this Act, there are transferred functions) or the Administrator or other official will be transferred to the Department or any other agency under this Act as a result of the to, and vested in, the Secretary of State on the of the Agency for International Development (or effective dates specified under this section all the Director or other official of IDCA exercising implementation of the plan; (6) specify the proposed allocations within the functions vested by law (including by reorga- AID functions) shall be deemed to refer respec- nization plan approved before the date of the tively to the Department of State or the Sec- Department of the funds specified for transfer under paragraph (5); enactment of this Act pursuant to chapter 9 of retary of State or other official of the Depart- title 5, United States Code) in, or exercised by, ment of State. (7) specify the proposed disposition of the property, facilities, contracts, records, and other the head of each of the following agencies, the SEC. 1412. EFFECTIVE DATE. assets and liabilities of the independent foreign agencies themselves, or officers, employees, or This title, and the amendments made by this affairs agency or agencies resulting from the components thereof, immediately prior to such title, shall take effect only in the event of the abolition of any such agency and the transfer of date: abolition of the independent foreign affairs the functions of the independent foreign affairs (1) The United States Arms Control and Disar- agencies specified in section 1501(e). agencies to the Department or to any other mament Agency, on the effective date of title TITLE XV—PLANS FOR CONSOLIDATION agency; XII. AND REINVENTION OF FOREIGN AF- (8) specify a proposed consolidation of admin- (2) The United States Information Agency, on FAIRS AGENCIES istrative functions to serve the Department of the effective date of title XIII. (3) The Agency for International Development SEC. 1501. REORGANIZATION OF THE DEPART- State and all independent foreign affairs agen- MENT OF STATE AND THE INDE- cies; and and the International Development Cooperation PENDENT FOREIGN AFFAIRS AGEN- (9) contain a certification by the Director of Agency (exclusive of components expressly es- CIES. the Office of Management and Budget that the tablished by statute or reorganization plan), on (a) SUBMISSION OF REORGANIZATION PLANS.— Director estimates that the plan will save the effective date of title XIV. (1) IN GENERAL.—The President is authorized $1,700,000,000 in budget authority during fiscal (b) BROADCASTING BOARD OF GOVERNORS.— to transmit to the appropriate congressional years 1996 through 2000 from the initial level ap- There are transferred to, and vested in, the committees a reorganization plan or plans pro- propriated for fiscal year 1995 for the following Broadcasting Board of Governors of the Depart- viding for the streamlining, consolidation, and agencies (including appropriations made to ac- ment of State under title III of the Foreign Rela- merger of the functions of the foreign affairs counts administered by such agencies): the De- tions Authorization Act, Fiscal Years 1994 and agencies of the United States in order to carry partment of State, the United States Informa- 1995 (as amended by section 1306 of this Act) on out the purposes of section 1002. tion Agency, the United States Agency for Inter- the effective date of title XIII all functions vest- (2) SPECIFIC OBJECTIVES.—Pursuant to para- national Development, and the United States ed by law in, or exercised by, the Broadcasting graph (1), the President is authorized to trans- Arms Control and Disarmament Agency. Board of Governors of the United States Infor- mit a reorganization plan meeting the following (c) LIMITATIONS.— mation Agency as of the day before that date. objectives: (1) LIMITATION ON REDUCTIONS IN PROGRAM (c) OFFICE OF CHIEF FINANCIAL OFFICER OF (A) The elimination in the duplication of LEVELS.—Not more than 30 percent of the sav- THE DEPARTMENT OF STATE.—There are trans- functions and personnel between the Depart- ings required under subsection (b)(9) may be re- ferred to the Chief Financial Officer of the De- ment of State and the independent foreign af- alized from reductions in program levels. partment of State on the effective date of title fairs agencies, which may include the abolition (2) LIMITATION ON SAVINGS FROM ADMINISTRA- XIV all functions that were vested by law in, or of any such agency. TIVE EXPENSES OF THE DEPARTMENT OF STATE.— exercised by, the Chief Financial Officer of the (B) The reduction in the aggregate number of Not more than 15 percent of the savings required Agency for International Development imme- positions in the Department of State and the under subsection (b)(9) may come from the ad- diately prior to such date. independent foreign affairs agencies which are ministrative expenses of the Department of (d) OFFICE OF INSPECTOR GENERAL FOR FOR- classified at each of levels II, III, and IV of the State. EIGN AFFAIRS OF THE DEPARTMENT OF STATE.— Executive Schedule. (3) LIMITATIONS ON CONTENTS OF PLAN.—Sec- There are transferred to the Inspector General (C) The reorganization and streamlining of tions 1606 and 1607 of this Act shall apply to a for Foreign Affairs of the Department of State, the Department of State. plan transmitted under subsection (a). as established in section 209 of the Foreign Serv- (D) The achievement of $1,700,000,000 in sav- (d) EFFECTIVE DATE OF PLAN.—(1) A plan ice Act of 1980 (as amended by this Act) on the ings over 5 years through the streamlining, con- transmitted under subsection (a) shall become effective dates specified under this subsection solidation, and merger of the functions of the effective on a date which is 90 calendar days of the following functions: foreign affairs agencies. continuous session of Congress after the date on (1) On the effective date of title XIII: All (E) The enhancement of the formulation, co- which the plan is transmitted to Congress, un- functions that were vested by law in, or exer- ordination, and implementation of policy. less the Congress enacts a joint resolution, in cised by, the Inspector General of the United (F) The maintenance, to the maximum extent accordance with section 1608, disapproving the States Information Agency immediately prior to possible, of a United States diplomatic and con- plan. such date. sular presence abroad. (2) Any provision of a plan submitted under (2) On the effective date of title XIV: All func- (G) The maintenance of programs vital to the subsection (a) may take effect later than the tions that were vested by law in, or exercised by, national interests of the United States. date on which the plan becomes effective. the Inspector General of the Agency for Inter- (b) PLAN ELEMENTS.—A reorganization plan (e) ABOLITION OF SPECIFIED INDEPENDENT national Development immediately prior to such transmitted under subsection (a)(2), consistent FOREIGN AFFAIRS AGENCIES.—If the President date. with the provisions of this Act, shall— does not transmit to Congress within six months (e) STATUTORY CONSTRUCTION.—Nothing in (1) identify the functions of the independent after the date of enactment of this Act a reorga- this section precludes a transfer of functions on foreign affairs agency or agencies that will be nization plan meeting the objectives of sub- a date prior to an effective date specified under transferred to the Department of State or any section (a)(2), then the United States Arms Con- this section if the transfer is made in accordance other agency under the plan, as well as those trol and Disarmament Agency, the United States with the schedule of transfers set forth in a re- that may be abolished under the plan; Information Agency, the Agency for Inter- organization plan approved under this title. (2) identify the personnel and positions of the national Development, and the International SEC. 1602. DETERMINATION OF TRANSFERRED agency or agencies (including civil service per- Development Cooperation Agency (exclusive of FUNCTIONS AND EMPLOYEES. sonnel, Foreign Service personnel, and components expressly established by statute or (a) IN GENERAL.—Except as provided in sub- detailees) that will be transferred to the Depart- reorganization plan) shall be abolished six section (b), the Secretary of State shall, with the ment or any other agency, separated from serv- months after the expiration of the period for cooperation of the head of the transferor agen- ice with the agency or agencies, or be termi- submission of the plan, and the functions of cy, identify the functions or employees, or both, nated under the plan, and set forth a schedule such agencies shall be transferred in accordance of the agency that are to be transferred to the for such transfers, separations, and termi- with section 1601. Department of State pursuant to section 1601. nations; (f) DEFINITIONS.—As used in this section— Any disagreements between the head of such an (3) identify the personnel and positions of the (1) the term ‘‘foreign affairs agencies’’ means agency and the Secretary with respect to such Department (including civil service personnel, the Department of State and the independent an identification shall be resolved by the Direc- Foreign Service personnel, and detailees) that foreign affairs agencies; and tor of the Office of Management and Budget. will be transferred within the Department or (2) the term ‘‘independent foreign affairs (b) AGENCY FOR INTERNATIONAL DEVELOP- any other agency, separated from service with agencies’’ means such Federal agencies (other MENT.—The Secretary of State shall determine the Department, or terminated under the plan than the Department of State) that solely per- the functions of the Agency for International December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18767 Development, and the number of employees of section 3595, of title 5, United States Code, in (5) specify the funds available to the United such Agency necessary to perform or support the case of Federal employees who are not mem- States Information Agency that will be trans- such functions, which are to be transferred from bers of the Foreign Service, to reduce by eight ferred to the Department under this title as a re- the Agency for International Development to percent the number of employees employed by sult of the abolition of the Agency; the Department of State pursuant to section the Agency on the date of the enactment of this (6) specify the proposed allocations within the 1601. Act. The Director shall achieve the reduction Department of unexpended funds of the Agency SEC. 1603. REORGANIZATION PLAN FOR THE not later than the effective date of the plan sub- that will be transferred to the Department under UNITED STATES ARMS CONTROL mitted under subsection (a). the plan; and AND DISARMAMENT AGENCY. (2) For purposes of this subsection, the trans- (7) specify the proposed disposition of the (a) SUBMISSION OF PLAN.—In the event of the fer of any employee of the Agency to the De- property, facilities, contracts, records, and other abolition of the independent foreign affairs partment of State, or to any other department or assets and liabilities of the Agency that will re- agencies specified in section 1501(e), not later agency of the United States, shall be excluded sult from the abolition of the Agency and the than 90 days before their abolition, the Presi- from the computation of the percentage reduc- transfer of the functions of the Agency to the dent, in consultation with the Secretary of tion in personnel under this subsection. Department under the plan. State, shall transmit to the appropriate congres- (e) REDUCTION IN FUNDS FOR SALARIES AND (c) EFFECTIVE DATE OF PLAN.—The plan sional committees a reorganization plan provid- EXPENSES FOR FAILURE TO IMPLEMENT PLAN.— transmitted under subsection (a) shall become ing for— If the Secretary of State and the Director of the effective on the date which is 90 calendar days (1) the abolition of the United States Arms United States Arms Control and Disarmament of continuous session of Congress after the date Control and Disarmament Agency in accordance Agency do not complete the implementation of on which the plan is transmitted to Congress, with this title; the reorganization plan of the Agency under unless the Congress enacts a joint resolution, in (2) the transfer to the Department of State of this section in accordance with the schedule in accordance with section 1608, disapproving the the functions and personnel of the Arms Control the plan as approved under section 1608, the plan. and Disarmament Agency as the President de- amount of funds that the Secretary and the Di- (d) REDUCTION OF EMPLOYEES.—(1) Subject to termines necessary to carry out the primary rector may obligate for salaries and expenses of paragraph (2), in implementation of any plan functions of the Agency, consistent with this the Department of State and the Agency, respec- submitted under subsection (a), the Director of title and title XII; and tively, in the fiscal year in which the implemen- the United States Information Agency shall take (3) the consolidation, reorganization, and tation of the plan is otherwise scheduled to be such actions as necessary, including actions streamlining of the Department upon the trans- completed under the plan shall be reduced by an under section 611 of the Foreign Service Act of fer of functions under this title in order to carry amount equal to 20 percent of the amount other- 1980 (22 U.S.C. 4010a), in the case of members of out such functions. wise appropriated to the Department and the the Foreign Service, or under regulations pre- (b) PLAN ELEMENTS.—The plan under sub- Agency, respectively, in that fiscal year for sal- scribed under section 3502 of title 5, United section (a) shall— aries and expenses. States Code, and procedures established under (1) identify the functions of the Arms Control SEC. 1604. REORGANIZATION PLAN FOR THE section 3595, of title 5, United States Code, in and Disarmament Agency that will be trans- UNITED STATES INFORMATION the case of Federal employees who are not mem- ferred to the Department under the plan, as well AGENCY. bers of the Foreign Service, to reduce by 25 per- as those that will be abolished under the plan; (a) SUBMISSION OF PLAN.—In the event of the cent the number of employees employed by the (2) identify the personnel and positions of the abolition of the independent foreign affairs Agency on the date of the enactment of this Act. Agency (including civil service personnel, For- agencies specified in section 1501(e), not later The Director shall achieve the reduction not eign Service personnel, and detailees) that will than 90 days before their abolition, the Presi- later than the effective date of the plan submit- be transferred to the Department, separated dent, in consultation with the Secretary of ted under subsection (a). from service with the Agency, or be terminated State, shall transmit to the appropriate congres- (2) For purposes of this subsection, the trans- under the plan, and set forth a schedule for sional committees a reorganization plan provid- fer of any employee of the Agency to the De- such transfers, separations, and terminations; ing for— partment of State, or to any other department or (3) identify the personnel and positions of the (1) the abolition of the United States Informa- agency of the United States, shall be excluded Department (including civil service personnel, tion Agency in accordance with this title; from the computation of the percentage reduc- Foreign Service personnel, and detailees) that (2) the transfer to the Department of State of tion in personnel under this subsection. will be transferred within the Department, sepa- the functions and personnel of the United States (3) In reducing the number of employees em- rated from service with the Department, or ter- Information Agency as the President determines ployed by the Agency under this subsection, the minated under the plan and set forth a schedule necessary to carry out the primary functions of Director shall ensure that the number of mem- for such transfers, separations, and termi- the Agency, consistent with this title and title bers of the Foreign Service employed by the nations; XIII and subject to paragraph (3); Agency does not exceed the number of such (4) specify the consolidations and reorganiza- (3) the transfer to the corresponding compo- members authorized to be employed by the Agen- tion of functions of the Department that will be nents of the Department of State of such func- cy under section 141. required under the plan in order to permit the tions and personnel of the components of the (e) REDUCTION IN FUNDS FOR SALARIES AND Department to carry out the functions trans- Agency described in sections 1601(b) and EXPENSES FOR FAILURE TO IMPLEMENT PLAN.— ferred to the Department under the plan; 1601(d)(1) as the President determines necessary If the Secretary of State and the Director of the (5) specify the funds available to the Arms to carry out the primary functions of those com- United States Information Agency do not com- Control and Disarmament Agency that will be ponents; and plete the implementation of the reorganization transferred to the Department under this title as (4) the consolidation, reorganization, and plan of the Agency under this section in accord- a result of the abolition of the Agency; streamlining of the Department upon the trans- ance with the schedule in the plan as approved (6) specify the proposed allocations within the fer of functions under this title in order to carry under section 1608, the amount of funds that the Department of unexpended funds of the Agency out such functions. Secretary and the Director may obligate for sal- that will be transferred to the Department under (b) PLAN ELEMENTS.—The plan under sub- aries and expenses of the Department of State the plan; and section (a) shall— and the Agency, respectively, in the fiscal year (7) specify the proposed disposition of the (1) identify the functions of the United States in which the implementation of the plan is oth- property, facilities, contracts, records, and other Information Agency that will be transferred to erwise scheduled to be completed under the plan assets and liabilities of the Agency that will re- the Department under the plan, as well as those shall be reduced by an amount equal to 20 per- sult from the abolition of the Agency and the that will be abolished under the plan; cent of the amount otherwise appropriated to transfer of the functions of the Agency to the (2) identify the personnel and positions of the the Department and the Agency, respectively, in Department under the plan. Agency (including civil service personnel, For- that fiscal year for salaries and expenses. (c) EFFECTIVE DATE OF PLAN.—The plan eign Service personnel, and detailees) that will SEC. 1605. REORGANIZATION PLAN FOR THE transmitted under subsection (a) shall become be transferred to the Department, separated AGENCY FOR INTERNATIONAL DE- effective on the date which is 90 calendar days from service with the Agency, or be terminated VELOPMENT. of continuous session of Congress after the date under the plan, and set forth a schedule for (a) SUBMISSION OF PLAN.—In the event of the on which the plan is transmitted to Congress, such transfers, separations, and terminations; abolition of the independent foreign affairs unless the Congress enacts a joint resolution, in (3) identify the personnel and positions of the agencies specified in section 1501(e), not later accordance with section 1608, disapproving the Department (including civil service personnel, than 90 days before their abolition, the Presi- plan. Foreign Service personnel, and detailees) that dent, in consultation with the Secretary of (d) REDUCTION OF EMPLOYEES.—(1) In imple- will be transferred within the Department, sepa- State, shall transmit to the appropriate congres- mentation of any plan submitted under sub- rated from service with the Department, or ter- sional committees a reorganization plan provid- section (a), the Director of the United States minated under the plan, and set forth a sched- ing for— Arms Control and Disarmament Agency shall ule for such transfers, separations, and termi- (1) the abolition of the Agency for Inter- take such actions as necessary, including ac- nations; national Development in accordance with this tions under section 611 of the Foreign Service (4) specify the consolidations and reorganiza- title; Act of 1980 (22 U.S.C. 4010a), in the case of mem- tion of functions of the Department that will be (2) the transfer to the Department of State of bers of the Foreign Service, or under regulations required under the plan in order to permit the the functions and personnel of the Agency for prescribed under section 3502 of title 5, United Department to carry out the functions trans- International Development as the President de- States Code, and procedures established under ferred to the Department under the plan; termines necessary to carry out the primary S 18768 CONGRESSIONAL RECORD — SENATE December 15, 1995 functions of the Agency, consistent with this members of the Foreign Service employed by the or modifications to the plan, consistent with sec- title and title XIV; Agency does not exceed the number of such tion 1501, 1603, 1604, or 1605, as the case may be, (3) the transfer to the corresponding compo- members authorized to be employed by the Agen- which modifications or revisions shall thereafter nents of the Department of State of such func- cy under section 141. be treated as a part of the reorganization plan tions and personnel of the components of the (e) REDUCTION IN FUNDS FOR SALARIES AND originally transmitted and shall not affect in Agency described in sections 1601(c) and EXPENSES FOR FAILURE TO IMPLEMENT PLAN.— any way the time limits otherwise provided for 1601(d)(2) as the President determines necessary If the Secretary of State and the Administrator in section 1608. The President may withdraw the to carry out the primary functions of those com- of the Agency for International Development do plan at any time prior to the conclusion of 45 ponents; and not complete the implementation of the reorga- calendar days beginning on the date on which (4) the consolidation, reorganization, and nization plan of the Agency under this section the plan is submitted to Congress, except that streamlining of the Department upon the trans- in accordance with the schedule in the plan as the President may only withdraw a plan if a re- fer of functions under this title in order to carry approved under section 1608, the amount of vised plan is immediately substituted for that out such functions. funds that the Secretary and the Administrator plan. (b) PLAN ELEMENTS.—The plan under sub- may obligate for salaries and expenses of the SEC. 1608. PROCEDURES FOR CONGRESSIONAL section (a) shall— Department of State and the Agency, respec- CONSIDERATION OF REORGANIZA- (1) identify the functions of the Agency for tively, in the fiscal year in which the implemen- TION PLANS. International Development that will be trans- tation of the plan is otherwise scheduled to be (a) PROCEDURES.—(1) A joint resolution de- ferred to the Department under the plan, as well completed under the plan shall be reduced by an scribed in subsection (b) which is introduced in as those that will be abolished under the plan; amount equal to 20 percent of the amount other- a House of Congress in accordance with sub- (2) identify the personnel and positions of the wise appropriated to the Department and the section (c) shall be considered in Congress in ac- Agency (including civil service personnel, For- Agency, respectively, in that fiscal year for sal- cordance with the procedures set forth in this eign Service personnel, and detailees) that will aries and expenses. section. be transferred to the Department, separated SEC. 1606. ADDITIONAL REQUIREMENTS AND LIM- (2) For purposes of this title and title XV— from service with the Agency, or be terminated ITATIONS ON REORGANIZATION (A) continuity of session of Congress is broken under the plan, and set forth a schedule for PLANS. only by an adjournment of Congress sine die; such transfers, separations, and terminations; (a) LIMITATION ON POWERS.—A reorganization and (3) identify the personnel and positions of the plan under section 1501, 1603, 1604, or 1605 may (B) the days on which either House is not in Department (including civil service personnel, not have the effect of— session because of an adjournment of more than Foreign Service personnel, and detailees) that (1) creating a new executive department; 3 days to a day certain are excluded in the com- will be transferred within the Department, sepa- (2) continuing a function beyond the period putation of any period of time in which Con- rated from service with the Department, or ter- authorized by law for its exercise or beyond the gress is in continuous session. minated under the plan and set forth a schedule time when it would have terminated if the reor- (b) TERMS OF RESOLUTION.—For the purpose for such transfers, separations, and termi- ganization had not been made; of subsection (a), the term ‘‘resolution’’ means nations; (3) authorizing an agency to exercise a func- only a joint resolution of the Congress, the mat- (4) specify the consolidations and reorganiza- tion which is not authorized by law at the time ter after the resolving clause of which is as fol- tion of functions of the Department that will be the plan is transmitted to Congress; lows: ‘‘That the Congress disapproves the reor- required under the plan in order to permit the (4) creating a new agency which is not a com- ganization plan numbered ll transmitted to Department to carry out the functions trans- ponent or part of an existing executive depart- the Congress by the President on llllll, ferred to the Department under the plan; ment or independent agency; 19ll, pursuant to section ll of the Foreign (5) specify the funds available to the Agency (5) increasing the term of an office beyond Affairs Reinvention Act of 1995.’’, and includes for International Development that will be that provided by law for the office; or such modifications and revisions as are submit- transferred to the Department under this title as (6) terminating any function authorized by ted by the President under section 1607. The a result of the abolition of the Agency; law. blank spaces therein are to be filled appro- (6) specify the proposed allocations within the (b) EFFECT ON OTHER LAWS, PENDING LEGAL priately. The term does not include a resolution Department of unexpended funds of the Agency PROCEEDINGS, AND UNEXPENDED APPROPRIA- which specifies more than one reorganization that will be transferred to the Department under TIONS.—(1) A statute enacted, and a regulation plan. the plan; and or other action made, prescribed, issued, grant- (c) INTRODUCTION AND REFERENCE OF RESOLU- (7) specify the proposed disposition of the ed, or performed in respect of or by the agency TION.—(1) A joint resolution described in sub- property, facilities, contracts, records, and other or function affected by a reorganization under section (b) is only entitled to expedited proce- assets and liabilities of the Agency that will re- this title, before the effective date of the reorga- dures set forth in this section if the resolution is sult from the abolition of the Agency and the nization, has, except to the extent rescinded, introduced in a House of Congress by a Member transfer of the functions of the Agency to the modified, superseded, or made inapplicable by or of that House within 10 calendar days of contin- Department under the plan. under authority of law or by the abolition of a uous session of Congress of the transmittal of a (c) EFFECTIVE DATE OF PLAN.—The plan function, the same effect as if the reorganiza- reorganization plan under section 1501, 1603, transmitted under subsection (a) shall become tion had not been made. However, if the statute, 1604, or 1605. effective on the date which is 90 calendar days regulation, or other action has vested the func- (2) Any resolution with respect to a reorga- of continuous session of Congress after the date tions in a transferor agency, the function, inso- nization plan shall be referred to the Committee on which the plan is transmitted to Congress, far as it is to be exercised after the plan becomes on Foreign Relations of the Senate and the unless the Congress enacts a joint resolution, in effective, shall be deemed as vested in the trans- Committee on International Relations of the accordance with section 1608, disapproving the feree agency concerned. House of Representatives by the President of the plan. (2) For the purpose of paragraph (1), the term Senate or the Speaker of the House of Rep- (d) REDUCTION OF EMPLOYEES.—(1) Subject to ‘‘regulation or other action’’ means a regula- resentatives, as the case may be. The committee paragraph (2), in implementation of any plan tion, rule, order, policy, determination, direc- shall make its recommendations to the House of submitted under subsection (a), the Adminis- tive, authorization, permit, privilege, require- Representatives or the Senate, as the case may trator of the Agency for International Develop- ment, designation, or other action. be, within 30 calendar days following the date ment shall take such actions as necessary, in- (c) NOTICE OF IMPLEMENTATION OF PLANS.— of such resolution’s introduction. cluding actions under section 611 of the Foreign The President shall cause to be published in the (d) MOTION TO DISCHARGE COMMITTEE CON- Service Act of 1980 (22 U.S.C. 4010a), in the case Federal Register for each reorganization plan SIDERING RESOLUTION.—(1) If the committee to of members of the Foreign Service, or under reg- submitted under section 1501, 1603, 1604, or 1605 which is referred a resolution introduced pursu- ulations prescribed under section 3502 of title 5, a notice of the date by which all functions of ant to paragraph (1) of subsection (c) has not United States Code, and procedures established the transferor agency are to be transferred or reported such resolution at the end of 30 cal- under section 3595, of title 5, United States terminated under the plan. endar days of continuous session of Congress Code, in the case of Federal employees who are (d) TRANSMITTAL OF REORGANIZATION after its introduction, it shall be in order to not members of the Foreign Service, to reduce by PLANS.—Section 903(b) of title 5, United States move either to discharge the committee from fur- 50 percent the number of employees employed by Code, shall apply to each reorganization plan ther consideration of the resolution or to dis- the Agency on the date of the enactment of this submitted under section 1501, 1603, 1604, or 1605. charge the committee from further consideration Act. The Administrator shall achieve the reduc- SEC. 1607. AMENDMENTS OR MODIFICATIONS TO of any other resolution introduced with respect tion not later than the effective date of the plan REORGANIZATION PLANS. to the same plan which has been referred to the submitted under subsection (a). Any time during the period of 30 calendar committee, except that no motion to discharge (2) For purposes of this subsection, the trans- days after the date on which a reorganization shall be in order after the committee has re- fer of any employee of the Agency to the De- plan is transmitted to Congress under section ported a resolution with respect to the same partment of State, or any other department or 1501, 1603, 1604, or 1605, or after the date on plan. agency of the United States, shall be excluded which the President transmits to Congress any (2) A motion to discharge under paragraph (1) from the computation of the percentage reduc- other plan having the effect of revising such a may be made only by a Senator favoring the res- tion in personnel under this subsection. plan, but before any resolution described in sec- olution, is privileged, and debate thereon shall (3) In reducing the number of employees em- tion 1608 has been ordered reported in (or be limited to not more than 1 hour, to be divided ployed by the Agency under this subsection, the deemed to be discharged from) either House of equally between those favoring and those oppos- Administrator shall ensure that the number of Congress, the President may make amendments ing the resolution, the time to be divided equally December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18769

between, and controlled by, the majority leader (b) PURPOSE.—The purpose of the account is employees of the Department, but only if the and the minority leader or their designees. An to provide funds for the orderly transfer of func- cost of such payments is less than $10,000,000. amendment to the motion is not in order, and it tions and personnel to the Department of State (iv) For transfer to the head of an agency to is not in order to move to reconsider the vote by as a result of the implementation of this title be abolished under this division for payment of which the motion is agreed to or disagreed to. and for payment of other costs associated with the cost of any severance payments required to (e) PROCEDURE AFTER REPORT OR DISCHARGE the consolidation of foreign affairs agencies be paid to employees of the agency, but only if OF COMMITTEE; DEBATE; VOTE ON FINAL PAS- under this title. the total amount transferred with respect to the SAGE.—(1) When the committee has reported, or (c) DEPOSITS.—(1) Subject to paragraphs (2) agency is less than $40,000,000. has been discharged (under subsection (d)) from and (3), there shall be deposited into the ac- (v) For payment of the cost of any improve- further consideration of, a resolution with re- count the following: ments of the information management systems of spect to a reorganization plan, it is at any time (A) Funds appropriated to the account pursu- the Department that are carried out as a result thereafter in order (even though a previous mo- ant to the authorization of appropriations in of the abolishment of agencies under this divi- tion to the same effect has been disagreed to) for subsection (j). sion, but only if the cost of such improvements any Member of the respective House to move to (B) Funds transferred to the account by the is less than $15,000,000. proceed to the consideration of the resolution. Secretary of State from funds that are trans- (vi) For payment of the cost of the physical The motion is highly privileged and is not de- ferred to the Secretary by the head of an agency relocation of fixtures, materials, and other re- batable. The motion shall not be subject to under subsection (d). sources from an agency to be abolished under (C) Funds transferred to the account by the amendment, or to a motion to postpone, or a mo- this division to the Department or of such relo- Secretary from funds that are transferred to the tion to proceed to the consideration of other cation within the Department, but only if the Department of State together with the transfer business. A motion to reconsider the vote by cost of such relocation is less than $10,000,000. of functions to the Department under this title which the motion is agreed to or disagreed to (3) Funds in the account shall be available for and that are not required by the Secretary in shall not be in order. If a motion to proceed to the payment of costs under paragraph (1) with- order to carry out the functions. out fiscal year limitation. the consideration of the resolution is agreed to, (D) Funds transferred to the account by the (4) Funds in the account may be used only for the resolution shall remain the unfinished busi- Secretary from any unobligated funds that are purposes of paying the costs of carrying out this ness of the respective House until disposed of. appropriated or otherwise made available to the title. (2) Debate on the resolution, and on all debat- Department. (f) TREATMENT OF UNOBLIGATED BALANCES.— able motions and appeals in connection there- (2) The Secretary may transfer funds to the (1) Subject to paragraph (2), unobligated funds, with, shall be limited to not more than ten account under subparagraph (C) of paragraph if any, which remain in the account after the hours, which shall be divided equally between (1) only if the Secretary determines that the payment of the costs described in subsection individuals favoring and individuals opposing amount of funds deposited in the account pur- (e)(1) shall be transferred to the Department of the resolution. A motion further to limit debate suant to subparagraphs (A) and (B) of that State and shall be available to the Secretary of is in order and not debatable. An amendment to, paragraph is inadequate to pay the costs of car- State for purposes of carrying out the functions or a motion to postpone, or a motion to proceed rying out this title. to the consideration of other business, or a mo- (3) The Secretary may transfer funds to the of the Department. tion to recommit the resolution is not in order. account under subparagraph (D) of paragraph (2) The Secretary may not transfer funds in A motion to reconsider the vote by which the (1) only if the Secretary determines that the the account to the Department under paragraph resolution is passed or rejected shall not be in amount of funds deposited in the account pur- (1) unless the appropriate congressional commit- order. suant to subparagraphs (A), (B), and (C) of that tees are notified in advance of such transfer in (3) Immediately following the conclusion of paragraph is inadequate to pay the costs of car- accordance with the procedures applicable to the debate on the resolution with respect to a re- rying out this title. reprogramming notifications under section 34 of organization plan, and a single quorum call at (d) TRANSFER OF FUNDS TO SECRETARY OF the State Department Basic Authorities Act of the conclusion of the debate if requested in ac- STATE.—The head of a transferor agency shall 1956. cordance with the rules of the appropriate transfer to the Secretary the amount, if any, of (g) REPORT ON ACCOUNT.—Not later than Oc- House, the vote on final passage of the resolu- the unobligated funds appropriated or otherwise tober 1, 1998, the Secretary of State shall trans- tion shall occur. made available to the agency for functions of mit to the appropriate congressional committees (4) Appeals from the decisions of the Chair re- the agency that are abolished under this title a report containing an accounting of— lating to the application of the rules of the Sen- which funds are not required to carry out the (1) the expenditures from the account estab- ate or the House of Representatives, as the case functions of the agency as a result of the abol- lished under this section; and (2) in the event of any transfer of funds to the may be, to the procedure relating to a resolution ishment of the functions under this title. with respect to a reorganization plan shall be (e) USE OF FUNDS.—(1)(A) Notwithstanding Department of State under subsection (f), the decided without debate. any other provision of law and subject to para- functions for which the funds so transferred (5) If, prior to the passage by one House of a graph (2), the Secretary shall use sums in the were expended. resolution of that House, that House receives a account for payment of the costs of carrying out (h) TERMINATION OF AUTHORITY TO USE AC- resolution with respect to the same reorganiza- this title, including costs relating to the consoli- COUNT.—The Secretary may not obligate funds tion plan from the other House, then— dation of functions of the Department of State in the account after September 30, 1999. (i) AUTHORIZATION OF APPROPRIATIONS.— (A) the procedure in that House shall be the and the termination of employees of the Depart- There are authorized to be appropriated for the same as if no resolution had been received from ment. the other House; but (B) The Secretary may transfer sums in the fiscal year 1996 $125,000,000 and for the fiscal (B) the vote on final passage shall be on the account to the head of an agency to be abol- year 1997 $100,000,000, for deposit under sub- resolution of the other House. ished under this division for payment by the section (c)(1)(A) into the account established (f) RULES OF SENATE AND HOUSE OF REP- head of the agency of the cost of carrying out under subsection (a). RESENTATIVES ON REORGANIZATION PLANS.—Sub- a voluntary separation incentive program at the SEC. 1610. VOLUNTARY SEPARATION INCENTIVES. sections (b), (c), (d), and (e) of this section are agency under section 1610. (a) AUTHORITY TO PAY INCENTIVES.—The enacted by Congress— (2)(A) Except as provided in subparagraph head of an agency referred to in subsection (b) (1) as an exercise of the rulemaking power of (B), the Secretary may not use sums in the ac- may pay voluntary incentive payments to em- the Senate and the House of Representatives, re- count for payment of the costs described in ployees of the agency in order to avoid or mini- spectively, and as such they are deemed a part paragraph (1) unless the appropriate congres- mize the need for involuntary separations from of the rules of each House, respectively, but ap- sional committees are notified 15 days in ad- the agency as a result of the abolition of the plicable only with respect to the procedure to be vance of such use in accordance with proce- agency and the consolidation of functions of the followed in that House in the case of resolutions dures applicable to reprogramming notifications Department of State under this title. with respect to any reorganization plans trans- under section 34 of the State Department Basic (b) COVERED AGENCIES.—Subsection (a) ap- mitted to Congress in accordance with section Authorities Act of 1956 (22 U.S.C. 2706). plies to the following agencies: 1501, 1603, 1604, or 1605, or any other plan trans- (B) Subparagraph (A) does not apply to the (1) The Department of State. mitted by the President to Congress having the following uses of sums in the account: (2) The United States Arms Control and Disar- effect of revising such a plan, and they super- (i) For payment of the cost of carrying out a mament Agency. sede other rules only to the extent that they are voluntary separation incentive program at the (3) The United States Information Agency. inconsistent therewith; and Department under section 1610, but only if the (4) The Agency for International Develop- (2) with full recognition of the constitutional total cost of the program with respect to the De- ment. right of either House to change the rules (so far partment is less than $10,000,000. (c) PAYMENT REQUIREMENTS.—(1) The head of as relating to the procedure of that House) at (ii) For transfer to the head of an agency to an agency shall pay voluntary separation in- any time, in the same manner and to the same be abolished under this division for payment of centive payments in accordance with the provi- extent as in the case of any other rule of that the cost of carrying out a voluntary separation sions of section 3 of the Federal Workforce Re- House. incentive program at the agency under section structuring Act of 1994 (Public Law 103–226; 108 SEC. 1609. TRANSITION FUND. 1610, but only if the total amount transferred Stat. 111), except that an employee of the agen- (a) ESTABLISHMENT.—There is hereby estab- with respect to the agency is less than cy shall be deemed to be eligible for payment of lished on the books of the Treasury an account $30,000,000. a voluntary separation incentive payment under to be known as the ‘‘Foreign Affairs Reorga- (iii) For payment of the cost of any severance that section if the employee separates from serv- nization Transition Fund’’. payments required to be paid by the Secretary to ice with the agency during the period beginning S 18770 CONGRESSIONAL RECORD — SENATE December 15, 1995 on the date of enactment of this Act and ending pointment, shall continue to be compensated in (1) Under such regulations as the Office of on September 30, 1996. such new position at not less than the rate pro- Personnel Management may prescribe, the head (2) The provisions of subsection (d) of such vided for such previous position for the duration of any agency in the executive branch may ap- section 3 shall apply to any employee who is of the service of such person in such new posi- point in the competitive service any person who paid a voluntary separation incentive payment tion. is certified by the head of the transferor agency under this section. (c) TERMINATION OF CERTAIN POSITIONS.—Po- as having served satisfactorily in the transferor (d) FUNDING.—The payment of voluntary sep- sitions whose incumbents are appointed by the agency and who passes such examination as the aration incentive payments under this section President, by and with the advice and consent Office of Personnel Management may prescribe. shall be made from funds in the Foreign Affairs of the Senate, the functions of which are trans- Any person so appointed shall, upon completion Reorganization Transition Fund established ferred or abolished under this title, shall termi- of the prescribed probationary period, acquire a under section 1609. The Secretary of State may nate on the date of the transferal or abolition, competitive status. transfer sums in that fund to the head of an as the case may be, of the functions under this (2) The head of any agency in the executive agency under subsection (e)(1)(B) of that section title. branch having an established merit system in for payment of such payments by the agency (d) EXCEPTED SERVICE.—(1) Subject to para- the excepted service may appoint in such service head. graph (2), in the case of employees occupying any person who is certified by the head of the (e) TERMINATION OF AUTHORITY.—The author- positions in the excepted service or the Senior transferor agency as having served satisfac- ity of the head of an agency to authorize pay- Executive Service, any appointment authority torily in the transferor agency and who passes ment of voluntary separation incentive pay- established pursuant to law or regulations of such examination as the head of such agency in ments under this section shall expire on Septem- the Office of Personnel Management for filling the executive branch may prescribe. ber 30, 1996. such positions shall be transferred. (3) Any appointment under this subsection (f) BUDGET ACT COMPLIANCE.—Any new (2) The Department of State may decline a shall be made within a period of one year after spending authority (within the meaning of sec- transfer of authority under paragraph (1) (and completion of the appointee’s service in the tion 401 of the Congressional Budget Act of the employees appointed pursuant thereto) to transferor agency. 1974) which is provided under this section shall the extent that such authority relates to posi- (4) Any law, Executive order, or regulation be effective for any fiscal year only to the extent tions excepted from the competitive service be- which would disqualify an applicant for ap- or in such amounts as are provided in advance cause of their confidential, policy-making, pol- pointment in the competitive service or in the in appropriations Acts. icy-determining, or policy-advocating character, excepted service concerned shall also disqualify (g) ADDITIONAL REQUIREMENTS FOR BUDGET and noncareer positions in the Senior Executive an applicant for appointment under this sub- PURPOSES.—(1) In addition to any other pay- Service (within the meaning of section 3132(a)(7) section. ments which an agency referred to in subsection of title 5, United States Code). (c) AUTHORIZED STRENGTH OF THE FOREIGN (b) is required to make under section 4(a)(1) of (e) SENIOR EXECUTIVE SERVICE.—A transfer- the Federal Workforce Restructuring Act of 1994 ring employee in the Senior Executive Service SERVICE.—When an agency is abolished under (Public Law 103–226; 108 Stat. 114; 5 U.S.C. 8331 shall be placed in a comparable position at the this division, the limitations for fiscal years 1996 note), each such agency shall remit to the Office Department of State. and 1997 under section 141 of this Act on the of Personnel Management for deposit in the (f) EMPLOYEE BENEFIT PROGRAMS.—(1) Any members of the Foreign Service authorized to be Treasury to the credit of the Civil Service Re- employee accepting employment with the De- employed by such agency shall be added to the tirement and Disability Fund an amount equal partment of State as a result of a transfer under limitations under such section which apply to to 9 percent of final basic pay of each employee this title may retain membership for 1 year after the Department of State. of the agency— the date such transfer occurs in any employee SEC. 1613. PERSONNEL AUTHORITIES FOR TRANS- (A) who, on or after the date of the enactment benefit program of the transferor agency, in- FERRED FUNCTIONS. of this Act, retires under section 8336(d)(2) of cluding insurance, to which such employee be- (a) APPOINTMENTS.—(1) Subject to paragraph title 5, United States Code; and longs on the date of the enactment of this Act (2), the head of a transferee agency may ap- (B) to whom a voluntary separation incentive if— point and fix the compensation of such officers payment is paid under this section by such (A) the employee does not elect to give up the and employees, including investigators, attor- agency based on that retirement. benefit or membership in the program; and neys, and administrative law judges, as may be (2) In addition to any other payments which (B) the benefit or program is continued by the necessary to carry out the respective functions an agency referred to in subsection (b) is re- Secretary of State. transferred to the agency under this title. Ex- quired to make under section 4(b)(1) of such Act (2) The difference in the costs between the cept as otherwise provided by law, such officers in fiscal years 1996, 1997, and 1998, each such benefits which would have been provided by and employees shall be appointed in accordance agency shall remit to the Office of Personnel such agency or entity and those provided under with the civil service laws and their compensa- Management for deposit in the Treasury to the this subsection shall be paid by the Secretary of tion fixed in accordance with title 5, United credit of the Civil Service Retirement and Dis- State. States Code. ability Fund an amount equal to 0.5 percent of (3) If an employee elects to give up member- (2) A person employed under paragraph (1) the basic pay of each employee of the agency ship in a health insurance program or the may not continue in such employment after the who, as of March 31 of such fiscal year, is sub- health insurance program is not continued by end of the period (as determined by the Sec- ject to subchapter III of chapter 83 or chapter 84 the Secretary of State, the employee shall be retary of State) required for the transferal of of title 5, United States Code. permitted to select an alternate Federal health functions under this title. (3) Notwithstanding any other provision of insurance program within 30 days of such elec- (b) EXPERTS AND CONSULTANTS.—The head of this section, the head of an agency referred to tion or notice, without regard to any other regu- a transferee agency may obtain the services of in subsection (b) may not pay voluntary separa- larly scheduled open season. experts and consultants in connection with tion incentive payments under this section un- (g) ASSIGNMENTS.—(1) Transferring employees functions transferred to the agency under this less sufficient funds are available in the Foreign shall receive notice of their position assignments title in accordance with section 3109 of title 5, Affairs Reorganization Transition Fund to not later than the date on which the reorga- United States Code, and compensate such ex- cover the cost of such payments and the amount nization plan setting forth the transferal of perts and consultants for each day (including of the remittances required of the agency under such employees is transmitted to the appropriate traveltime) at rates not in excess of the rate of paragraphs (1) and (2). congressional committees under this title. pay for level IV of the Executive Schedule under (2) Foreign Service personnel transferred to SEC. 1611. RIGHTS OF EMPLOYEES OF ABOLISHED section 5315 of such title. The head of the trans- AGENCIES. the Department of State pursuant to this title feree agency may pay experts and consultants (a) IN GENERAL.—Except as otherwise pro- shall be eligible for any assignment open to For- who are serving away from their homes or regu- vided by this title, the transfer pursuant to this eign Service personnel within the Department. lar place of business travel expenses and per title of full-time personnel (except special Gov- SEC. 1612. TRANSFER AND ALLOCATIONS OF AP- diem in lieu of subsistence at rates authorized ernment employees) and part-time personnel PROPRIATIONS AND PERSONNEL. by sections 5702 and 5703 of such title for per- holding permanent positions shall not cause any (a) IN GENERAL.—Except as otherwise pro- sons in Government service employed intermit- such employee to be separated or reduced in vided in this title, the personnel employed in tently. grade or compensation for one year after the connection with, and the assets, liabilities, con- date of transfer of such employee under this tracts, property, records, and unexpended bal- SEC. 1614. PROPERTY AND FACILITIES. title. ances of appropriations, authorizations, alloca- (a) IN GENERAL.—The Secretary of State shall (b) EXECUTIVE SCHEDULE POSITIONS.—Except tions, and other funds employed, used, held, review the property and facilities of each trans- as otherwise provided in this title, any person arising from, available to, or to be made avail- feror agency for purposes of determining if the who, on the day preceding the date of the aboli- able in connection with the functions trans- property is required by the Department of State tion of a transferor agency under this title, held ferred under this title, subject to section 1531 of in order to carry out the functions of the De- a position in such an agency that was com- title 31, United States Code, shall be transferred partment after the transfer of functions to the pensated in accordance with the Executive to the transferee agency concerned. Department under this title. Schedule prescribed in chapter 53 of title 5, (b) TREATMENT OF PERSONNEL EMPLOYED IN (b) DEADLINE FOR TRANSFER.—Not later than United States Code, and who, without a break TERMINATED FUNCTIONS.—The following shall March 1, 1997, all property and facilities within in service, is appointed in a transferee agency to apply with respect to officers and employees of the custody of the transferor agency shall be a position having duties comparable to the du- a transferor agency that are not transferred transferred to the custody of the Secretary of ties performed immediately preceding such ap- under this title: State. December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18771 SEC. 1615. DELEGATION AND ASSIGNMENT. lations, permits, agreements, grants, contracts, nical and conforming amendments to the laws of Except where otherwise expressly prohibited certificates, licenses, registrations, privileges, the United States as may be appropriate to re- by law or otherwise provided by this Act, the and other administrative actions— flect the changes made by this division. head of a transferee agency may delegate any of (1) which have been issued, made, granted, or SEC. 1623. FINAL REPORT. the functions transferred to the head of the allowed to become effective by the President, Not later than October 1, 1998, the President transferee agency under section 1601 and any any Federal agency or official thereof, or by a shall provide by written report to the Congress function transferred or granted to such head of court of competent jurisdiction, in the perform- a final accounting of the finances and oper- the transferee agency after the appropriate ef- ance of functions which are transferred under ations of the United States Arms Control and fective date specified in section 1601 to such offi- this title, and Disarmament Agency, the United States Infor- cers and employees of the transferee agency as (2) which are in effect at the time of the ap- mation Agency, and the Agency for Inter- the head of the transferee agency may des- propriate effective date specified in section 1601, national Development, and a projection of the ignate, and may authorize successive or were final before such effective date and are personnel end-strengths of the Foreign Service redelegations of such functions as may be nec- to become effective on or after such effective and the Senior Foreign Service as of September essary or appropriate. No delegation of func- date, 30, 1999. tions by the head of the transferee agency under shall continue in effect according to their terms SEC. 1624. DEFINITIONS. this section or under any other provision of this until modified, terminated, superseded, set For purposes of this title, unless otherwise title shall relieve such head of the transferee aside, or revoked in accordance with law by the provided or indicated by the context— agency of responsibility for the administration President, the head of the transferee agency (1) the term ‘‘appropriate congressional com- of such functions. concerned or other authorized official, a court mittees’’ means the Committee on Foreign Rela- SEC. 1616. RULES. of competent jurisdiction, or by operation of tions of the Senate and the Committee on Inter- The head of a transferee agency may pre- law. national Relations of the House of Representa- scribe, in accordance with the provisions of (b) PROCEEDINGS NOT AFFECTED.—The provi- tives; chapters 5 and 6 of title 5, United States Code, sions of this title shall not affect any proceed- (2) the term ‘‘Federal agency’’ has the mean- such rules and regulations as the head of the ings, including notices of proposed rulemaking, ing given to the term ‘‘agency’’ by section 551(1) transferee agency determines necessary or ap- or any application for any license, permit, cer- of title 5, United States Code; propriate to administer and manage the func- tificate, or financial assistance pending before a (3) the term ‘‘function’’ means any duty, obli- tions of the transferee agency after the transfer transferor agency at the time this title takes ef- gation, power, authority, responsibility, right, of functions to the agency under this title. fect for the agency, with respect to functions privilege, activity, or program; SEC. 1617. INCIDENTAL TRANSFERS. transferred under this title but such proceedings (4) the term ‘‘office’’ includes any office, ad- The Director of the Office of Management and and applications shall be continued. Orders ministration, agency, institute, unit, organiza- Budget may, at such time or times as the Direc- shall be issued in such proceedings, appeals tional entity, or component thereof; tor shall provide, make such additional inciden- shall be taken therefrom, and payments shall be (5) the term ‘‘transferee agency’’ means— tal dispositions of personnel, assets, liabilities, made pursuant to such orders, as if this title (A) the Department of State, with respect to grants, contracts, property, records, and unex- had not been enacted, and orders issued in any functions transferred under section 1601(a); pended balances of appropriations, authoriza- such proceedings shall continue in effect until (B) the Broadcasting Board of Governors of tions, allocations, and other funds held, used, modified, terminated, superseded, or revoked by the Department of State, with respect to func- arising from, available to, or to be made avail- a duly authorized official, by a court of com- tions transferred under section 1601(b); able in connection with functions abolished or petent jurisdiction, or by operation of law. (C) the Chief Financial Officer of the Depart- transferred under this title, as may be necessary Nothing in this subsection shall be deemed to ment of State, with respect to functions trans- to carry out the provisions of this title. The Di- prohibit the discontinuance or modification of ferred under section 1601(c); and rector shall provide for the termination of the any such proceeding under the same terms and (D) the Inspector General for Foreign Affairs affairs of all entities terminated by this title and conditions and to the same extent that such pro- of the Department of State, with respect to func- for such further measures and dispositions as ceeding could have been discontinued or modi- tions transferred under section 1601(d); and may be necessary to effectuate the purposes of fied if this title had not been enacted. (6) the term ‘‘transferor agency’’ refers to this title. (c) SUITS NOT AFFECTED.—The provisions of each of the following agencies: SEC. 1618. EFFECT ON CONTRACTS AND GRANTS. this title shall not affect suits commenced before (A) The United States Arms Control and Dis- (a) PROHIBITION ON NEW OR EXTENDED CON- the appropriate effective date specified in sec- armament Agency, with respect to the functions TRACTS OR GRANTS.—Except as provided in sub- tion 1601, and in all such suits, proceedings transferred under section 1601(a)(1). section (b), the United States Arms Control and shall be had, appeals taken, and judgments ren- (B) The United States Information Agency Disarmament Agency, the United States Infor- dered in the same manner and with the same ef- (exclusive of the Broadcasting Board of Gov- mation Agency, and the Agency for Inter- fect as if this title had not been enacted. ernors), with respect to the functions trans- national Development may not— (d) NONABATEMENT OF ACTIONS.—No suit, ac- ferred under section 1601(a)(2). (1) enter into a contract or agreement which tion, or other proceeding commenced by or (C) The Agency for International Develop- will continue in force after the date of abolition against a transferor agency, or by or against ment, a component of the International Devel- of such agency under this division; any individual in the official capacity of such opment Cooperation Agency, with respect to the (2) extend the term of an existing contract or individual as an officer of the transferor agen- functions transferred under section 1601(a)(3). agreement of such agency to a date after such cy, shall abate by reason of the enactment of (D) The International Development Coopera- date; or this title. tion Agency (exclusive of components expressly (3) make a grant which will continue in force (e) ADMINISTRATIVE ACTIONS RELATING TO established by statute or reorganization plan), after such date. PROMULGATION OF REGULATIONS.—Any admin- with respect to the functions transferred under (b) EXCEPTION.—Subsection (a) does not apply istrative action relating to the preparation or section 1601(a)(3). to the following: promulgation of a regulation by a transferor (E) The Broadcasting Board of Governors, (1) Contracts and agreements for carrying out agency relating to a function transferred under with respect to the functions transferred under essential administrative functions. this title may be continued by the transferee section 1601(b). (2) Contracts and agreements for functions agency with the same effect as if this title had (F) The Officer of the Chief Financial Officer, and activities that the Secretary of State deter- not been enacted. Agency for International Development, with re- mines will be carried out by the Department of SEC. 1620. SEPARABILITY. spect to the functions transferred under section State after the termination of the agency con- 1601(c). cerned under this title. If a provision of this title or its application to (3) Grants relating to the functions and activi- any person or circumstance is held invalid, nei- (G) The Office of Inspector General, United ties referred to in paragraph (2). ther the remainder of this title nor the applica- States Information Agency, with respect to the (c) EVALUATION AND TERMINATION OF EXIST- tion of the provision to other persons or cir- functions transferred under section 1601(d)(1). ING CONTRACTS.—The Secretary of State and the cumstances shall be affected. (H) The Office of Inspector General, Agency head of each agency referred to in subsection SEC. 1621. OTHER TRANSITION AUTHORITIES. for International Development, with respect to (a) shall— The head of a transferee agency may utilize— the functions transferred under section (1) review the contracts of such agency that (1) the services of such officers, employees, 1601(d)(2). will continue in force after the date of the aboli- and other personnel of the transferor agency f tion of the agency under this division in order with respect to functions transferred to the to determine if the cost of abrogating such con- transferee agency under this title; and ORDERS FOR SATURDAY, tracts before that date would exceed the cost of (2) funds appropriated to such functions for DECEMBER 16, 1995 carrying out the contract according to its terms; such period of time as may reasonably be needed Mr. DOLE. Mr. President, I ask unan- and to facilitate the orderly implementation of this imous consent that when the Senate (2) in the case of each contract so determined, title. completes its business today it stand in provide for the termination of the contract in SEC. 1622. ADDITIONAL CONFORMING AMEND- the most cost-effective manner practicable. MENTS. adjournment until the hour of 11 a.m. SEC. 1619. SAVINGS PROVISIONS. The President may submit a report to the ap- on Saturday, December 16, that follow- (a) CONTINUING EFFECT OF LEGAL DOCU- propriate congressional committees containing ing the prayer, the Journal of proceed- MENTS.—All orders, determinations, rules, regu- such recommendations for such additional tech- ings be deemed approved to date, no S 18772 CONGRESSIONAL RECORD — SENATE December 15, 1995 resolutions come over under the rule, may be that we will never be able to do easy way to handle it. Wrap them in a the call of the calendar be dispensed that. I, for one, hope that we can and continuing resolution. But, oh, no. The with, the morning hour be deemed to think that we can. I, for one, believe Republican leaders over in the House— have expired, the time for the two lead- there are a few key areas where we and presumably we went along with it ers be reserved for their use later in could come together and get that bal- on this side, I am sad to say—they did the day, there then be a period for anced budget. not like what they got so they are not morning business until the hour of 12 But surely we could come together to sending over a clean extension. noon, with Senators to speak for up to keep this Government operational for I would assume if the House did it, 5 minutes each. another week? I do not know what is the Senate would have gone along. The PRESIDING OFFICER. Without happening here, but it seems to me, Well, if we furlough Larry Drake and objection, it is so ordered. with all the anger I have seen on the his wife Joan, what are they going to do? A two-income family and they are f Senate floor, we ought to put that aside for 10 minutes and pass a clean going to lose their income, either tem- PROGRAM continuing resolution as our Demo- porarily or for a longer time. Then there is Ray Montgomery who Mr. DOLE. Let me indicate for the cratic leader recommended. Yes, we have those outstanding debates. Yes, works for the Census Bureau in Los An- information of all Senators, as I said geles. He is classified, even though he before, we will probably discuss the we will have to discuss them and re- solve them. But we can keep this Gov- works for 40 hours a week, as an inter- Labor-HHS bill, the motion to proceed. mittent employee, so he will not get Maybe we will work that out. We will ernment going instead of acting like little children who do not get their way his back pay at all. also maybe resume consideration of the Ray told my office he is so worried and marching outside of the room and DOD authorization conference report about a second shutdown that he has objecting when there is a very simple, or any other available conference re- not yet bought any Christmas presents straightforward suggestion that we can ports, and as I have stated, I do not be- for his family, and if the Government keep things going until—even Monday lieve there will be any rollcall votes. If shuts down there will not be any pre- there are, we will try to give everybody or Tuesday. But, no, we are not going to do that. sents at all. And Ray wrote to me, ample notice or arrange to have a vote ‘‘For Heavens sakes, I am one pay- So, constituents of mine and others at a later date or work out a voice vote check away from being homeless. I across this country who work for the of some kind. work hard to be a credit to my coun- Federal Government, like Ken Takada, f try. I try to be a good representative of a veterans claim examiner in Los An- Government employees to the Amer- geles are very concerned. He is not ORDER FOR ADJOURNMENT ican people.’’ independently wealthy. He lives from Mr. DOLE. So, if there is no further I just think it is a shameless situa- paycheck to paycheck like most of us business to come before the Senate, I tion. It is not necessary that we shut in America do. He could default on his ask that, after the Senator from Cali- this Government down. We have a le- student loans if he misses a paycheck. fornia, Senator BOXER, speaks, that the gitimate disagreement over how to bal- The day the Government shuts down, Senate stand in adjournment under the ance the budget in 7 years. That is le- Ken has told us, he is going to have to previous order—unless there is any gitimate. It is a big problem. I am on go to the unemployment office and other Senator wishing to speak? OK. the Budget Committee. I voted for two apply for benefits to keep his life The PRESIDING OFFICER. Without balanced budgets, one by BILL BRAD- going. He does not want to be on unem- objection, it is so ordered. LEY, one by KENT CONRAD. I am proud ployment. He wants to work. And the The Senator from California. to have done it because it got to a bal- veterans of southern California, who anced budget without hurting Medi- f depend on him to handle their cases, care, Medicaid, without giving these GOVERNMENT SHUTDOWN want him to be at his post at the Fed- outrageous tax breaks to the wealthi- eral building in Los Angeles. est who do not need them right now. Mrs. BOXER. I thank the majority Then there is Larry Drake and his For God sakes, put off the tax breaks leader. It has been a very difficult day. wife, Joan. Larry works for the Bureau until we have really balanced the budg- It is very late. I will not go on at of Labor Statistics and Joan works at et. This is a phantom celebration. Give length. the Public Health Services. If the Gov- a tax break to the wealthy. People who I just feel we are fortunate here, as ernment shuts down, both will be fur- earn $350,000 a year are going to get Members of the U.S. Senate, even loughed. Their family will loose 100 back almost $8,500 a year. though we are working very long and percent of its income. We do not know I mean really, while we cut Medicare hard, and it is very stressful, at least if they will get their back pay; perhaps and Medicaid and education and the en- we know we are going to get our pay- they might, perhaps they might not. vironment and veterans, cops on the check. But, unfortunately there are But what kind of way is that for us to beat? Where are our values? those very hard-working families to- act? We have a responsibility to the I say to my friend from Minnesota, night who really do not know if they workers and to those that they serve. Senator GRAMS is a very effective will get their paychecks. About 350,000 All we had to do is say ‘‘aye’’ to the speaker. He says, when we say, on our families are adversely impacted be- Democratic leader when he said, ‘‘Put side of the aisle, ‘‘Where are our val- cause tonight the Congress was not aside our problems. Let us keep the ues?’’ that the only value that is im- able to pass a continuing resolution to Government going at least until next portant—and I am paraphrasing him— send a signal to the entire country that week.’’ Simple, straightforward, easy is to balance the budget. we can keep this Government operat- thing to do. It is certainly important to balance ing. But, no, we cannot get it done. the budget. Do you know the last time I do not want it to be lost, as we end I heard the majority leader over in we had a surplus in this country was here this evening. I do not want the the House, Mr. Armey, Representative under Lyndon Johnson? Do you know people out there to think that they are ARMEY from Texas, who is the Repub- the first President to get the deficit forgotten. I also do not want people to lican majority leader over there, say, down 3 years in a row? Guess. Bill Clin- think that who are veterans who will ‘‘Well, we didn’t get a good enough ton—the first one. George Bush and not get their services, perhaps, as read- budget from the President. We got a Ronald Reagan added more to the debt ily as they should come Monday, or meager budget. Therefore we are not than all the Presidents from George people who need passports, or people going to send over a clean debt exten- Washington to Jimmy Carter. So who want to go to our parks. We cer- sion.’’ That is a little bit like a guard Democratic Presidents take a back tainly know tomorrow they will be in- in a prison camp. ‘‘You haven’t be- seat to no one in fiscal responsibility— convenienced for no good reason. haved. We are not going to give you no one. We are the ones who have a It may well be that Democrats and your bread and water.’’ better record. Republicans cannot come together on a The fact is, these appropriations bills I have to say, there is a lot of anger long-term, 7-year balanced budget. It have not been done and there is a very on this floor. There is anger toward the December 15, 1995 CONGRESSIONAL RECORD — SENATE S 18773 President. I have not seen such anger. raise taxes on people earning less than ings, dispirited people all over the I serve on that special committee that $10,000 a year. Where is the value there place. It is about a very important is looking into the Whitewater. The for fairness? And they are mad at the issue: What are our values? What do we Presiding Officer and I sit there. God, President because he will not go along value as a people? there is anger toward that President. with it, and he has the guts to stand up So, Mr. President, thank you for this And the President does say he wants a and say it. And they do not like it. And time that I have had to express myself balanced budget that is consistent with they keep saying, ‘‘Gee, the President this evening. My heart goes out to our values. doesn’t stand for anything.’’ But now those Federal employees who do not What are those values? I will not that he does they do not like what he know if they will have a happy Christ- take too long to go into them because stands for. They want it all ways. mas. But I will do everything I can to I know the hour is late. Respect for our And then they say, ‘‘Well, the Presi- separate that fight, that short-term elderly—pretty important value. I dent signed a commitment, a commit- battle from the long-term question, learned that as a child. So why would ment to balance the budget in 7 years and I hope we can all do that and keep you sock it to Medicare and Medicaid with CBO estimates.’’ They left out a this Government going. and people in nursing homes, if you be- few things, however. In the agreement I yield the floor. lieve that we should respect our elder- that CBO would check with the other ly? And give a tax break to the very experts, the blue chip indicators, the f wealthy who do not need it? OMB indicators, and consider those. It How about respect for our children? is an important point. He did not just ORDER OF PROCEDURE But, no, we are going to have thou- say, yes, whatever CBO says. The CBO TOMORROW sands of fewer kids in Head Start, has to check with these others. He also Mrs. BOXER. Mr. President, on be- thousands of fewer kids getting special signed on to the fact that we will all half of the majority leader, I ask unan- reading attention, cuts in education. protect certain priorities. They are imous consent that notwithstanding Do you want to hear more? Respect for listed in that document: Medicaid, our environmental heritage. Respect Medicare, education, the environment. the adjournment of the Senate tonight, for our environmental heritage. Re- So, yes, we all want a balanced budg- the Senate resume consideration of the spect for our environment—not only et. And we know that we can get there motion to proceed to the Labor, HHS passing laws that say we will have in a fair way. But we are not going to appropriations bill tomorrow at 12 clean air and clean water but actually be blackmailed into it. And I honestly noon. enforcing those laws. think that some of the Republican The PRESIDING OFFICER. Without The Republican budget does not have leaders over in the House think that objection, it is so ordered. respect for the elderly or the children because they are threatening a govern- f or the environment and many other ment shutdown we are going to say, areas because they are so respectful of OK, we give up. Cut Medicare, Medic- ADJOURNMENT UNTIL 11 A.M. the rich and powerful that they will aid. We do not really mean what we TOMORROW give them a huge tax break and there- say. We do not care about tax breaks to fore have to cut into these other pro- the wealthy. All of this was just talk. The PRESIDING OFFICER. Under grams. Just keep the Government. We will the previous order, the Senate now Do the people want a balanced budg- give up. stands adjourned. et? You bet. You bet. But they want it It is not going to happen. So we come Thereupon, at 8:53 p.m., the Senate to be fair. That is a value, too. Fair- down to this very unhappy moment in adjourned until Saturday, December 16, ness is a value. In their budget they the Senate, angry words, angry feel- 1995, at 11 a.m.