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

Vol. 142 WASHINGTON, TUESDAY, JUNE 25, 1996 No. 95 Senate

The Senate met at 9:30 a.m. and was UNANIMOUS-CONSENT AGREEMENT wage issue, beginning on Monday, July called to order by the President pro I understand that there has been a re- 8. tempore (Mr. THURMOND). quest for an extension of that debate, I yield the floor. therefore I now ask unanimous consent f PRAYER that debate be extended until 1 p.m. The Chaplain, Dr. Lloyd John today under the previous conditions, RESERVATION OF LEADER TIME Ogilvie, offered the following prayer: and further that Senators have until 1 The PRESIDING OFFICER (Mr. Martin Luther said, ‘‘The very ablest p.m. in order to file second-degree DEWINE). Under the previous order, youth should be reserved and educated amendments to the campaign finance leadership time is reserved. not for the office of preaching, but for reform bill as well as first-degree f government. Because in preaching, the amendments to the DOD bill. CAMPAIGN FINANCE REFORM Holy Spirit does it all, whereas in gov- The PRESIDENT pro tempore. With- ernment one must exercise reason in out objection, it is so ordered. The PRESIDING OFFICER. The Sen- the shadowy realms where ambiguity Mr. LOTT. I might just note that has ate will now resume consideration of S. and uncertainty are the order of the been cleared by the Democratic leader- 1219, which the clerk will report. day.’’ ship. This just does provide for an addi- The assistant legislative clerk read Gracious God, infinite wisdom, we tional 30 minutes of debate on the cam- as follows: thank You for reserving and preparing paign finance reform bill. A bill (S. 1219) to reform the financing of the women and men of this Senate to At 2:15 today, under the previous Federal elections, and for other purposes. serve You in the high calling of govern- order, the Senate will proceed to a roll- ment. So often politics and politicians The Senate resumed consideration of call vote on the motion to invoke clo- are denigrated in our society. We for- the bill. ture on the campaign finance reform get that politics is simply the doing of The PRESIDING OFFICER. The Sen- bill. If cloture is not invoked, the Sen- government. Bless the Senators, their ator from Texas. ate is expected to resume consideration faithful staffs, and all who are part of Mrs. HUTCHISON. Mr. President, I of the Department of Defense author- the Senate family. Give all of them a want to speak against cloture on this ization bill; therefore, further rollcall renewed awareness that they are here bill, but I also want to talk about what votes are expected throughout today’s by Your appointment and You will give I think is good about the bill and why session. vision in the ambiguities and clear I am voting against cloture. As a further reminder, a cloture mo- convictions in the uncertainties that First, I want to say, if I were titling tion was filed on the DOD authoriza- occur today. Send out Your light; lead this bill, it would be called the Incum- tion bill last night, with that vote to us; empower us. We commit ourselves bency Protection Act, because that is occur on Wednesday of this week. Also, anew to excellence for Your glory and what limitations on expenditures for the Senate will recess from the hour of the good of our beloved Nation. In the campaigns will do. It will take away 1 to 2:15 p.m. today, in order for the name of our Lord. Amen. the right of a challenger to be able to weekly policy conferences to meet. raise more money than an incumbent f I hope the cloture vote on DOD au- with the advantage of name identifica- RECOGNITION OF THE MAJORITY thorization may not be necessary, but tion and to be able to go forward with LEADER from what I saw last week, the Senate a message. The PRESIDENT pro tempore. The has not yet gotten serious about com- What they say in this bill is that it is able majority leader, Senator LOTT, is pleting this legislation. We must do it voluntary. It is voluntary, but you pay recognized. this week. We will do it this week. We quite a price if you do not adhere to f just have to get on with the amend- the limits. You, then, will be faced ments. So we probably can expect to go with 30 minutes of free broadcast time SCHEDULE into the night tonight and may very against you, if you do not adhere to the Mr. LOTT. Mr. President, this morn- well tomorrow also. limits. You will have reduced postal ing there will be a period for continued I might also just say, I plan to meet rates against you. This is really coer- debate on S. 1219, the campaign finance later on this morning with the Demo- cive. Then there is the cost. My gosh, reform bill, with the time equally di- cratic leader and see if we can come to the Postmaster General has said he vided between the two leaders or their an agreement on how to handle the will have to raise all postal rates if he designees. small business tax relief and minimum has to provide reduced rates.

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

S6761 S6762 CONGRESSIONAL RECORD — SENATE June 25, 1996 So I want to talk about why I think goes against everything that freedom $100,000 for a campaign for a State of- this is the most important part of the in a democracy stands for, and that is fice, and we are talking about $1,000 bill. But I also want to talk about what the limitations on contributions, vol- limitations on contributions or $5,000 I think is good in the bill because, if we untary, but nevertheless I think it cre- from a PAC that is an amalgamation of ever want to come back to this, there ates a very uneven situation. many employees in a company, I think are some improvements that we really I am a person who could be on the we are assuring that there is going to ought to make, and I will be supportive other side of that because in my per- be a grassroots base. We have that as- of these things. I love the idea of re- sonal experience I ran against an in- surance right now. quiring 60 percent of campaign funds to cumbent who was much better funded I had 40,000 contributors to my cam- be raised from individuals in a State. I than I was, who had the PAC contribu- paigns for the U.S. Senate. I ran twice think that is something that will en- tions from Washington that I have within 2 years. Forty thousand. My av- able the people in the State to have the heard so much talk about on this floor. erage contribution was about $100. I right say in the election of their Mem- I had a very hard time raising money think that is a grassroots effort. I had bers of the U.S. Congress, in the elec- against this incumbent. But you know many $5 and $10 contributions. That tion of their Senators. what? The people were looking at the does make sure that no one has par- I am for limitations of personal message. And even though my message ticular access to a person because of money for a campaign. I think you was much less generously funded than some huge contribution. have to make sure it would be con- my opponent’s message, nevertheless I think we can do a lot to improve stitutional, so you would say a person the people were able to make this our campaign finance in this country, can spend any amount of his or her own choice. Mr. President, but I just think this bill money that he or she wants to, but he I do not want to limit the incumbent is not the right approach. I hope that or she could only be repaid a certain or the challenger. If the message is we can work on this and continue to amount. I think that is a wise thing, right, we need to have the freedom to work on it, because as I said, I think, because I, too, am alarmed, as many of get it out. I, of course, think that lim- having limitations on personal use of us are, by people who would just pour iting an incumbent and saying you can funds, having the 60 percent require- millions of their own money into a only spend this much, and limiting the ment of raising money in your home campaign and, in effect, be able to buy challenger and saying you can only State, not using the franking privilege an election; because that is what peo- spend this much, is going to favor the in an election year are very good, solid ple see. They have the access to the incumbent. There is just no question recommendations from this bill. So I airways with money, and it does be- about that. And even though I was on hope that we will be able to work on come, I think, an inequitable situation. the other side of that, I think it is something, but, Mr. President, this is Limitations on the amounts of con- wrong and I think I will stand always not the right vehicle. Thank you, and I tributions by PAC’s to the same against any kind of limitations, wheth- yield the floor. amount as individuals contribute is er it is cloaked in a voluntary cloak of The PRESIDING OFFICER. Who good. I do think PAC’s, however, have armor or not, because it is not really yields time? Mr. MCCONNELL addressed the Chair. been misrepresented, not only on this voluntary when you are then going to The PRESIDING OFFICER. The Sen- floor but around the country, because I the television stations or the postal ator from Kentucky. think political action committees, service or going to the radio stations Mr. MCCONNELL. Let me thank my most often, are grassroots efforts with- and saying, ‘‘Ah, yes.’’—these people good friend from Texas for her excel- in a company. Why would we not want that are voluntarily saying that they lent statement on the issue before us. I the working people of this country to are going to stay within the limit— appreciate her contribution to this de- be able to contribute $25 or $100 or $500, ‘‘You’re going to pay for that dif- bate, not only at this time but in pre- if they desire to do it? PAC’s are vol- ference.’’ vious rounds. She is right on the mark, untary and they should be voluntary. What is the nexus? Why are we tell- it seems to me, in concluding that this But if people want to participate in our ing television stations or the Postal bill falls well short of anything the process, I think they should be encour- Service, which is going to have to raise Congress ought to foist on to the aged. Frankly, I think many of the rates on everyone else in America, that American people, and particularly the companies in this country have done a you should subsidize this arbitrary lim- restrictions on all the individuals wonderful job of encouraging their em- itation that is voluntary? It just does across the country that want to par- ployees to be a part of a PAC. When not make sense, Mr. President. ticipate in the political process. they do that, the employees are able to So I am going to vote against cloture I would just say to my friend from have the candidates come before them. because I think the overriding issue Texas—I did not get a chance yester- They will have the Democrat and the here is limitations. If you want to see day to tell her this—even the National Republican. They will be able to have the hardship of limitations, look at the Education Association, almost never debates. I think that is healthy. That States that have the limitations in aligned with people like the Senator makes more people interested in the place. Look at the Presidential elec- from Texas and myself, wrote me a let- process, have a stake in the process, tion right now. One candidate has a ter yesterday saying how awful this and be good citizens. That is what we primary and therefore has to spend the bill was, and said they hoped it would want to encourage in our democracy. money in the limitation. The other be defeated. They also pointed out that I am for the provision that would not candidate does not have a primary. the average contribution to the NEA allow the franking privilege for mass This could be reversed. It could be the PAC was $6, and asked the question, mailings in an election year. I do not year that there is a Republican incum- why in the world participation of that use the franking privilege for mass bent and the Democrats have a pri- sort would be a bad thing for American mailings at all. I have not detected I mary. Either way, it makes for an arti- democracy and something the Congress am any less in contact with my con- ficial limitation that is not fair. I do ought to eliminate? stituents. I think it is a good thing, in not think we want to put that in place Mrs. HUTCHISON. Will the Senator an election year, not to have the frank- now for Members of Congress and Mem- yield for a question? ing privilege for mass mailings. I think bers of the Senate. Mr. MCCONNELL. Certainly. we could easily do that. Let me just say that we do have limi- Mrs. HUTCHISON. Is it not true that So these are things that I think are tations on contributions that I think the Postmaster General has raised seri- great steps in the right direction, and I are quite reasonable. Could they be ous questions about this bill, and what commend my colleagues, Senator lower? Yes. I mean, $500, $1,000—it he would be required to do is in the MCCAIN and Senator FEINGOLD, for could be lower if we wanted it to be way of raising postal rates for everyone bringing these forward because these lower. I would certainly be flexible in because of the subsidy that would be are things I could vote for. that area. But you know, when I look required under this bill for lower postal The reason I am going to vote at the States around this country that rates in an election year? against cloture is because the over- have no limitations whatsoever on con- Mr. MCCONNELL. In a letter I re- riding, most important part of this bill tributions and there are people taking ceived from the Postmaster General June 25, 1996 CONGRESSIONAL RECORD — SENATE S6763 yesterday, he comes out against the First of all, it seems, almost as if in limits will get, but do not let anyone bill. Obviously, the Postmaster General an effort to stop this bill from even tell you people have to pay more under is not accustomed to taking positions being amended, that the kitchen sink our bill. They can still spend as much on legislation up here. But his point is is being thrown at this bill. Now we as they want, and they will not have that this is in effect a transfer of cost hear the Postmaster General is one of any higher cost for what they do. to the postal ratepayers across Amer- the lead opponents of the bill. But this Finally, Mr. President, what this is ica. completely disregards the resolution about, really, is whether candidates That is one of the reasons the Direct that we have placed in the bill, the who are more rooted back in their Marketing Association, the direct mail Senator from Arizona has placed in the home States will have a better chance, people—they are a private business— bill, that would provide that the money or whether those who are dominated by also opposes this, because in effect it is that is saved from preventing Members big money or by D.C. special interests passing on to the postal ratepayers an of Congress from franking during an will dominate. enormous expense. election year would be used to provide I have this cartoon from one of the This bill is not free. The notion has a relatively modest funding necessary most distinguished political cartoonist been put forth that somehow the to provide the postal discounts which of the 20th century. This is the context spending limits are free. In fact, it will only be given to those Senators in which the vote today is being seen. passes the cost on to the broadcasting and Members of Congress who agree to We can talk here about how important industry and on to the postal patrons the spending limits. So that again is PAC’s are, and somehow this will put of this country. another red herring. artificial limits on candidates. This is Mrs. HUTCHISON. Not only that, Second, it does not matter how many what the American public knows to- since we have virtually a monopoly in times the other side says that this bill day’s vote is about. It shows a gen- the postal system, it is like a taxpayer is not voluntary, it is voluntary. There tleman from the U.S. Congress talking subsidy because it is requiring every are no such mandatory restrictions to a lobbyist with a lot of money and a person in America that wants to send a across the board for citizens as has cigar. The guy says, ‘‘No more little letter to pay more for this limitation been suggested by the Senator from gifts or junkets—from now on, it’s that we are putting in place. It just Kentucky and the Senator from Texas. strictly campaign cash.’’ does not qualify as a true voluntary It does not matter how many special Mr. President, the American public limitation. interests—whether it is the NEA, the knows we have finally done something Mr. MCCONNELL. No, it is not vol- AFL–CIO, or business PAC’s—it does about lobbying disclosures. The Amer- untary and not free, I say to my friend not matter how many times they tell ican public knows we have cracked from Texas. It is not voluntary because you our scheme for allowing people to down on the practice of gift giving, one if you choose not to shut up, if you voluntarily abide by limits and give of the most offensive practices to the choose not to take the Government them benefits; it does not matter how American people. But they also know prescribed speech limits, you have to many times they say that is not vol- the big granddaddy of them all, the im- pay more for your television. So it is untary. It is. It is voluntary. portant issue is the money that is not voluntary. And it is not free be- Mrs. HUTCHISON. Will the Senator awash in this campaign because of cause the broadcasting industry is yield? campaign financing. called upon to subsidize campaigns and Mr. FEINGOLD. I am happy to yield If we do not take the action today to the postal patrons are called upon to to the Senator. move this bill forward, if we fail in this subsidize campaigns. So it is neither Mrs. HUTCHISON. I want to ask the bipartisan effort, this cartoon will be voluntary nor free. Senator, what would happen under prophetic. This cartoon will show that I thank very much my friend from your bill if there was not enough all that has happened is that the gifts Texas for pointing this out. money saved from the use of the frank and the lobbying are being transferred Mrs. HUTCHISON. I yield the floor to cover the cost of the discounted through the campaign cash system. I back to the Senator from Kentucky. mailing? do not think we should let that happen. But I commend the Senator from Ken- Mr. FEINGOLD. If that happens, Mr. President, with that, I yield 15 tucky for his great leadership in this which I doubt, it would have to come minutes of the proponents’ time to the area because he is the person who has out of the budget of the post office. distinguished Senator from West Vir- studied this issue thoroughly and has Mrs. HUTCHISON. In other words, it ginia. taken things that sound very good, and does not necessarily cover all of the The PRESIDING OFFICER (Mr. has talked about what the real impact costs? BROWN). The Senator from West Vir- is going to be on the consumer that has Mr. FEINGOLD. Our estimates are ginia. to pay 32 cents to send a letter right from—— Mr. BYRD. Mr. President, I thank now. And that is a lot to ask when you Mrs. HUTCHISON. The Postmaster the distinguished manager of the bill, look at the fine print here. I commend General says he would have to raise all and I thank the Chair. the Senator from Kentucky for helping of the rates, because it comes from the Mr. President, for nearly 2 years now us understand it. post office. many of our Republican colleagues, Mr. MCCONNELL. I thank the Sen- Mr. FEINGOLD. Our estimates are particularly those in the House of Rep- ator from Texas. that it would cover it. We go on the resentatives, have trumpeted the glo- Mr. President, how much time does basis of estimates here. That is our as- ries of their so-called Contract With my side have left? sumption. Even if there was a small America. To listen to some, this was The PRESIDING OFFICER. The Sen- gap, the effect would be minimal. the document that held the secrets to ator has 87 minutes. Let me quickly wrap up—because I solving the Nation’s problems. It was Mr. MCCONNELL. I yield the floor. Mr. FEINGOLD addressed the Chair. want to turn to the Senator from West the primer for a reform-minded Con- The PRESIDING OFFICER. The Sen- Virginia—and indicate again a very se- gress—something that would bring ator from Wisconsin. rious distortion. The Senator from great respect to this institution and its Mr. FEINGOLD. Mr. President, how Kentucky keeps saying that it will cost Members. Yet, there is one item con- much time do the proponents of the people who do not abide by the limits spicuously absent from the much-tout- bill have? more. That is just not true. They will ed, so-called contract. I note with The PRESIDING OFFICER. The Sen- not pay a dime more than they pay amazement that what is completely ator has 103 minutes. today. They will still be eligible for the missing from that celebrated ideologi- Mr. FEINGOLD. I thank the Chair. lowest commercial rate as the TV sta- cal text is any mention of campaign fi- Mr. President, before I turn to my tions are required to give them. They nance reform. I have looked and I have very distinguished colleague from West will not have to pay more for their looked and I have looked and it is just Virginia for his remarks, let me just postal rates. It is simply untrue they not there. make a couple points in response to the will have to pay more than they do We are told by those who promote Senator from Texas and the Senator today. True, they will not get the the contract that a balanced budget from Kentucky. lower costs that those who abide by the constitutional amendment is good for S6764 CONGRESSIONAL RECORD — SENATE June 25, 1996 the country. We are told that the line- I can say after 50 years in politics, been called campaign grease is making item veto is good for the country. But, there is nothing so demeaning, nothing us all less able to be good public serv- for seemingly inexplicable reasons, so demeaning as having to go out with ants. Ironically, we spend much time many of those who have spent their hat in hand, passing a tin cup around and raise huge sums of money in order time clamoring for change have de- and saying, ‘‘Give me, give me, give to be reelected to the Senate so we can cided that putting an end to our cur- me, give me.’’ Not that old song, ‘‘Give serve our States and our country. rent grotesque and out-of-control cam- me more and more of your kisses,’’ but Then, once here, we cripple our ability paign spending system is just not wor- ‘‘Give me more and more of your to serve our State and our country by thy of attention. money. Give me more and more of your spending an inordinate amount of our How unfortunate, Mr. President, be- money.’’ time on the money treadmill so we can cause I, along with many of my col- Sophocles said, ‘‘There’s nothing in come back for yet another try at serv- leagues, truly believe that until Mem- the world so demoralizing as money.’’ ing our States and our country. bers of Congress come to grips with the And, indeed, in this Senate, the need That kind of system sends the clear simple fact that campaign finance re- for Members to constantly focus on message to the American people that it form is much more important than any raising the huge sums necessary to is money, not ideas and not principles, of these other reforms, this institution stay in office has taken a heavy toll. that reigns supreme in our political will continue to be perceived as the The incessant money chase is an in- system. No longer are potential can- property of the special interests—that sidious demand that takes away from didates judged first and foremost on is exactly what it is, the property of the time we have to actually do our job their positions on the issues, or by the special interests—owned lock, here in Washington. It takes away their experience and capabilities. No stock, and barrel. We all know it. And, from the time we have to study and to longer. Instead, potential Senators are as the public opinion polls indicate, the understand the issues, to meet with our judged by their ability to raise the mil- American people know it, too. constituents, to talk with other Sen- lions of dollars that are needed to run It is a great disappointment to me ators, and to be with our families and an effective campaign. Publilius Syrus that too few Members seem to under- to work out solutions to the problems said that, ‘‘a good reputation is more stand this. Time and time again, those that face this Nation. valuable than money.’’ Senators should of us who have pushed for these re- Mr. President, consider this: Accord- stop and reflect on that observation be- forms have seen our efforts rebuffed. ing to data provided by the Congres- cause our reputations and the feeling Indeed, Mr. President, as Majority sional Research Service, the combined that we can be trusted by the Amer- Leader in 1987 and 1988, I tried eight cost of all House and Senate races in ican people are both in severe free-fall. times—eight times—to get cloture on the 1994 election cycle was $724 million, The American people believe that the campaign finance reform legislation. a sixfold increase from 1976. Even more key to gaining access and influence on And eight times I lost. More impor- troubling, though, at least from the Capitol Hill is money. Can anyone tantly, however, eight times the Amer- perspective of our colleagues, is that blame them for coming to that conclu- ican people lost. the average cost of a winning senato- sion? That is why this legislation before us rial campaign rose from barely $600,000 Now, Mr. President, if I were starting today is so important. It is an effort, a in 1976 to more than $4 million in 1994. out in politics today, with a back- bipartisan effort, to put a stop to the Four million dollars. And that, of ground like mine—working in a gas noxious system currently in place for course, is just the average. station, being a small grocer, a welder the financing of senatorial campaigns. In 1994, nearly $35 million was spent in a shipyard, a meatcutter, just com- It is a measure that does not favor by the two general election candidates mon ordinary trades—I could not even challengers or incumbents, or can- in California, while the candidates in hope to raise the sums of money needed didates from either political party. On the Virginia Senate race spent $27 mil- for today’s campaigns. In 1958, when the contrary, this bill, the McCain- lion. Jennings Randolph and I ran together Feingold bill, takes a balanced ap- What do those astounding numbers for the two Senate seats that were proach that will go a long way toward say to someone who may wish to stand open—he ran for the short term, and I creating a level playing field. for election to the Senate? What does ran for the full 6-year term—we ran on Mr. President, one needs to look no the prospect of needing $35 million, or a combined war chest of something further than this Chamber to see the $27 million, or even $4 million say to like $50,000 or less. When I first started pressing need for this type of reform. I the potential Senate candidate? What out in politics, I would win a campaign believe that the primary problem in it says, Mr. President, is that unless for the House of Representatives and this body, the root problem plaguing you win the lottery, or unless you spend as much as $200, perhaps. Think the Senate today is what I would term strike oil in your backyard, or unless of it. If I had been forced to raise $1 the ‘‘fractured attention’’—the frac- you are plugged into the political million, $2 million, $4 million, or $10 tured attention of Senators. Countless money machines, unless you actively million the first time I ran for the Sen- times, action on the Senate floor has compete to be part of the ‘‘aristocracy ate, in 1958, I would not have given it a been slowed or delayed because Sen- of the money bag’’ you are a long shot, second thought. In fact, I would not ators are not in Washington, or if they at best, to win election to the United even have gotten past the first are, they are away from the Capitol. States Senate. And that fate is meted thought. I would not have been able to That absence is not because those Sen- out to prospective candidates before even contemplate running for office—a ators are off on vacation or taking they have even presented an idea, or poor boy like myself. their leisure. They are not off some- given a speech, or offered a policy posi- The ever-spiraling cost of public of- where lounging in the sun, neglecting tion. fice is not a healthy trend. The Con- their duties here. On the contrary, as The money chase is like an unending gress could become the exclusive do- each of us knows all too well, Senators circular marathon. Since the share of main of the very wealthy. The common are often elsewhere because of the need money coming from small contributors man, without the funds to wage a high- to raise unthinkable sums of money— has declined while the share contrib- powered, media-intensive campaign unthinkable sums—money essential for uted by big political action committees could be removed from effectively com- running for reelection. has increased, candidates have to look peting in the political arena, reserving Plato thanked the gods for having more and more outside their home it for the exclusive use of the very been born a man, and he thanked the States to raise big bucks. The travel- wealthy and the well-connected. gods for having been born a Greek. He ing, the time away from the Senate, That is why we must stop this mad- also thanked the gods for having been the time away from talking with con- ness. We must put an end to the seem- born in the age of Sophocles. Sophocles stituents, the time robbed from reading ingly limitless escalation of campaign said, ‘‘There’s nothing in the world so and reflection, the personal time stolen costs. We must act to put the U.S. Sen- demoralizing as money.’’ Sophocles from wives, children, and grand- ate within the reach of anyone with was not an American politician, but he children, the siphoning off of energies the desire, the spirit, the brains, and knew what he was talking about. to the demands of collecting what has the spunk to want to serve once again. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6765 We must bring into check the obscene try a system that would voluntarily spend more than $1 million, as hap- spending which currently occurs. The cap campaign spending with a high of pened in my case where my opponent Bible says, ‘‘The love of money is the about $8.2 million in the big States like spent about $30 million of his own root of all evil.’’ In politics, the need California, going down to $1.5 million money, it is impossible to catch up for huge sums of money just to get in States with lesser population. with the smaller contributions. There- elected is certainly at the root of most I believe that efforts should be made fore, raising the limit to $5,000 only in of what is wrong with the political sys- to limit the amount of personal funds instances where in individual States tem today. that can be used in a campaign. I be- they are going to spend more than $1 Mr. President, I congratulate Mr. lieve that an effort to promote honesty million of their own money would en- MCCAIN and Mr. FEINGOLD. I urge my in advertising and reducing the influ- able a more level playing field. colleagues, for the sake of this institu- ence of connected PAC’s in the out- The amendment I will propose would tion if for no other reason, to support come of elections is important. also address the issue of PAC’s. As you cloture on this vital legislation. As always in an election year, we know, McCain-Feingold would prohibit I yield the floor. hear a lot of talk about Congress en- all PAC contributions whether or not Mr. FEINGOLD addressed the Chair. acting meaningful campaign spending these PAC’s are connected PAC’s; that The PRESIDING OFFICER. The Sen- reform. But when it comes to actually is, connected to a business or a labor ator from Wisconsin. doing something about it we tend to union or a nonconnected PAC. By that, Mr. FEINGOLD. Mr. President, I hide behind one procedural maneuver I mean organizations that are devel- thank the Senator from West Virginia. or another that allows us to vote the oped let us say to promote women for I cannot think of a more eloquent tes- right way but gets us nowhere toward public office, or let us say to support a timony to the need for this reform achieving a piece of legislation. cause in candidates who support that than the statement that this great In the last Congress a campaign fi- cause for public office. The law permit- Senator, if he were starting out today, nance bill passed both the Senate and ting nonconnected PAC’s would remain probably would not even have consid- the House but got bogged down because unchanged in my amendment. As a ered running for the U.S. Senate be- the necessary 60 votes to invoke clo- fallback, if the ban on connected PAC’s cause of the incredible barrier of the ture on a motion to proceed with a con- is found to be unconstitutional, it pro- money to be raised. ference were not present in the Senate. vides that contributions from con- Our bill is a voluntary scheme that I understand that this will likely be nected PAC’s be limited to 20 percent allows people who would try to follow the problem here today. I hope we do of a campaign’s receipts. in Senator BYRD’s tradition to raise a get the 60 votes for cloture, and I hope In my view, a blanket ban on all po- modest amount of money and have ben- that in the ensuing debate a solid cam- litical action committees in a sense efits for agreeing to do that. I greatly paign finance reform bill can emerge. throws the baby out with the bath Legislation I introduced last year appreciate that. water. I think we need to be encourag- and which, for the most part, forms the Mr. BYRD. Mr. President, I thank ing people to be involved in politics basis of McCain-Feingold, addresses the Senator. and not discouraging them. Virtually what I believe are the areas most in Mr. FEINGOLD. Mr. President, how every legal scholar who has examined need of reform: The limiting of spend- much time remains? this question believes that a complete The PRESIDING OFFICER. The Sen- ing; creating a level playing field be- ban on all PAC’s is unconstitutional. ator has 82 minutes remaining, and tween wealthy candidates who finance The Congressional Research Service Senator MCCONNELL has 89 minutes. their own campaigns and candidates Mr. FEINGOLD. Mr. President, I now who rely on contributions; and finally has advised the Senate, and I quote: ‘‘A yield up to 15 minutes to the distin- ensuring honesty in campaign advertis- complete ban on contributions and ex- guished Senator from California, who ing. penditures by connected and noncon- has been a stalwart in support of cam- One of the problems where I have a nected PAC’s appears to be unconstitu- paign finance reform. very real difference with the present tional in violation of the first amend- Mrs. FEINSTEIN. Thank you, Mr. bill is on the issue of a candidate using ment.’’ President. vast sums of his or her own money to I support the ability of a group or or- I thank the Senator from Wisconsin finance a campaign. Either the sub- ganization to encourage small dona- and the Senator from Arizona. I want stitute bill, or a second-degree amend- tions from their members to candidates to compliment both Senator MCCAIN ment which I will offer if we gain clo- of their choice. In some cases, these and Senator FEINGOLD for this effort. ture on this bill, mirrors parts of the members send their contributions I intend to vote for cloture, and campaign finance bill introduced by made out directly to the candidate’s should cloture on this bill be success- Senator DOLE in the last Congress. It campaign to that organization to be ful, I will either propose a substitute of also attempts to limit the ability of a gathered or bundled and presented col- the whole or two second-degree amend- wealthy candidate to buy a seat in lectively to the candidate. In other ments to this bill. Congress. The provisions of the amend- cases, the organization simply asks for I would like to take the time allotted ment I would propose are a little dif- donations to be made directly to the to me this morning, Mr. President, to ferent than anything that has been in- candidates they recommend. This is explain my position on campaign fi- troduced before now. not the same as writing a check to an nance reform. Under my substitute bill, after quali- intermediary or to a political action I believe very strongly that the time fying as a candidate for a primary, a committee and then having the politi- has come to engage the debate. If noth- candidate must declare if he or she in- cal action committee decide how to ing else, I believe I am kind of a walk- tends to spend more than $250,000 of disburse the funds. ing, talking case for campaign spend- their own funds in the election. If the The McCain-Feingold bill bans bun- ing reform. In the 1990 race for Gov- candidate says ‘‘I am going to spend dling in all political action commit- ernor, I had to raise about $23 million. more than $250,000 of my own money in tees. My amendment would not affect In the first race for the Senate in 1992, this election’’ then the contribution bundling, and I believe this is a crucial $8 million; in the second race, $14 mil- limits on his or her opponent are raised difference in these two bills. lion. from $1,000 to $2,000. If a candidate de- For example, there are two organiza- One newspaper just estimated that in clares that he or she will spend more tions which have helped women run for the big States a candidate really has to than $1 million on the race from their political office. One is EMILY’s List, raise about $2,000 a day just to run for own pocket, then the contribution and one is WISH List. One is a Demo- reelection to the Senate of the United limit on his or her opponents would be cratic organization and one is a Repub- States. It certainly should not have to raised to $5,000. This is different from lican organization. Both of these be this way. McCain-Feingold where there is only groups collect smaller donations pri- Essentially I agree with the basic te- the jump to $2,000. And the reason it is marily from women. They bundle those nets of the McCain-Feingold legisla- different is because in the larger funds from many sources to a single tion. I agree that the time has come to States, if an individual is going to candidate. S6766 CONGRESSIONAL RECORD — SENATE June 25, 1996 In the 1994 election cycle, EMILY’s gree amendments or the substitute of such rights, and I believe that organi- List members supported 55 women can- the whole to do the two items that I zations like EMILY’S List, which en- didates. They raised a total of about mentioned. courage political participation by aver- $8.2 million. The average donation to I thank the Chair. I yield the floor. age citizens, are in the best tradition of EMILY’s List was less than $100. Mr. McCONNELL addressed the American democracy.’’ WISH List, a much smaller and Chair. I just wanted to quote what Colonel newer organization than its Demo- The PRESIDING OFFICER. Who Bobbitt, an active member of EMILY’S cratic counterpart, supported 40 Repub- seeks recognition? The Senator from List, had to say about the underlying lican women candidates and raised ap- Kentucky is recognized. legislation, which she obviously be- proximately $400,000. None of these Mr. McCONNELL. Let me just say lieves would greatly restrict her rights funds were given directly to either of briefly in response to the speech of the to participate in the political process. these groups and neither group used Senator from California, which I lis- Mr. President, I wanted to take a mo- the funds to lobby on legislation before tened to carefully, she also is a mem- ment here to make some observations Congress. Both EMILY’S List and ber of the Rules Committee and par- about the injunctive authority that I WISH List researched the records of ticipated in the hearings. I do not re- view in this bill as provided to the Fed- women candidates and advised their member whether she was there—she eral Election Commission. As I read members which candidates they rec- may have been—the day that Col. Bil- the underlying bill which we are debat- ommended supporting. Based on that lie Bobbitt, retired U.S. Air Force offi- ing, section 306, ‘‘Authority to Seek an information, the members decided who cer, testified before the committee in Injunction,’’ basically, what this sec- to support and how much they wished opposition to this bill. I want to take a tion does is give to the Government, to donate, and they donated directly to minute to quote some of her observa- the Government of the United States, the candidates, sent their check to ei- tions. She is a member of EMILY’S the right to step in and, prior to the is- ther WISH List or EMILY’S List who List, which would effectively be put suance of speech, restrain it. It gives then put the checks together and sent out of business by this legislation, as the Government the authority to en- them to the candidates. the Senator from California has, I be- gage in prior restraint of political I believe that has been helpful in lieve, acknowledged. That might have speech by stepping in and getting a electing women to both Houses of this been one of the amendments she would temporary injunction. This is but one Congress. Currently, there are nine offer were she in a parliamentary posi- of a number of clearly unconstitutional women in the Senate. When I came to tion where that were permissible. But, measures granted to the Government this body, there were only two elected in any event, Colonel Bobbitt, retired by this bill. In addition, obviously, if this bill women. Air Force officer, said, ‘‘I’m in one of Groups like WISH List and EMILY’S the organizations,’’ referring to were somehow to pass constitutional List are an important factor in helping EMILY’S List, ‘‘35,000 active members muster, which is extremely unlikely, more women run for office. Frankly, I from all 50 States, and along with vot- the Federal Election Commission, which today has great difficulty in au- do not have a problem with any organi- ing, I haven’t missed an election,’’ she diting the races of the candidates run- zation going out and endorsing can- said, ‘‘in 51 years. EMILY’S List is the ning for the one race in America at the didates, writing to their members, and primary means through which I par- Federal level where we have, arguably, saying if you would like to contribute ticipate,’’ said Colonel Bobbitt, ‘‘in the spending limits—it takes 5, 6 years to to these candidates, please go ahead electoral process.’’ audit those few races that they have to and do so. I have no problem whether She goes on in her testimony, ‘‘In the audit—it is just, I think, reasonable to that group is the Christian Coalition, decade since EMILY’S List began, ask the question: How big would the whether it is the National Rifle Asso- more women than ever have been elect- Federal Election Commission be if it ciation, whether it is EMILY’S List or ed to Congress, and EMILY’S List is a had to regulate the speech of 535 addi- big reason why. EMILY’S List has al- WISH List. I think the encouragement tional races as well as engage in the in- of small contributions to candidates lowed women to compete and win.’’ She went on to say, with regard to junctive relief powers apparently given that support a cause that you believe to it by the bill, as well as whatever the bundling, in effect, that EMILY’S in is important to the American politi- additional regulatory authority it List does—she describes it. She says, cal system. might be able to assert over independ- My separation from what Senators ‘‘This is what’s called bundling, which ent expenditures? MCCAIN and FEINGOLD have done is that I know Common Cause and some others In short, I think it is reasonable to this bill wipes out all PAC’s, connected have criticized, but to me it’s just good assume, Mr. President, that we would and unconnected. I would ban con- old American democracy at work.’’ So have an FEC the size of the Veterans nected PAC’s but permit unconnected said Colonel Bobbitt. Administration. If there is anything PAC’s to continue their bundling ef- She goes on to say, ‘‘That’s not bad this Congress is about, it seems to this forts. for the system. That’s good for the sys- Senator it is not building more large The other difference I have would be tem. Thousands of small contributions Federal bureaucracies. in how you would voluntarily have the are able to offset the big money coming We have been trying to balance the spending limits to create two different from the rich and powerful. We are budget, to downsize the Government, levels. If a wealthy candidate were to making the system more participatory to restrain our appetite for not only enter a race and say, I do not intend to and more competitive,’’ said Colonel spending but for regulation, and, clear- adhere to the spending limits; I intend Bobbitt. ly, this is a regulatory power grab of to spend $250,000 to $1 million of my Then she concluded by saying, ‘‘My enormous proportions, I would say, Mr. own money, then your opponent’s limit membership in EMILY’S List is a way President—of enormous proportions. It goes to $2,000. If the wealthy candidate for me to be connected to the political could well be that is one of the reasons says, I am going to spend more than $1 life of the Nation and to my fellow citi- an awful lot of the groups in this coun- million, then the limit of the opponent zens. It allows me to band together try this time, across the ideological goes to $5,000. with others who share my views and spectrum, have decided to get off of the I strongly support the $50 disclosure work toward a common end. I do not sidelines and into the game and stand requirement. I strongly support the in- pretend to be a constitutional schol- up for their rights to participate in the centives that are built into this bill ar,’’ she says, ‘‘but like most Ameri- political process. which would provide free radio time, cans, I carry within me an almost in- This bill is not just about us, that is, special mailing to those who do comply nate knowledge of the first amendment the candidates for office; it is also with the voluntary spending limits. rights of citizenship—freedom to prac- about all the groups organized that, I believe this is an important bill. I tice religion, freedom to speak my under the first amendment, have a con- am proud to vote for cloture. I hope mind, freedom to assemble with fellow stitutional right to participate in the that the Senators of this body would citizens in support of a common goal. I political process. see some merit in either the two believe without a doubt that any mem- Let me just go down some of the let- amendments I will offer as second-de- bership in EMILY’S List is secured by ters that I have received on this bill, June 25, 1996 CONGRESSIONAL RECORD — SENATE S6767 first from the Christian Coalition, a the new provision still threatens the dis- and other forms of speech on federal public letter dated yesterday, June 24, 1996, in tribution of candidates’ positions on the is- policy issues, including but not limited to response to an effort to modify this sues (voter guides). speech that refers to candidates for federal office. Therefore, NRLC again urges you to bill, which was agreed to, and we do This new definition of express advocacy is but just one of the bill’s many egregious pro- vote No on the motion to invoke cloture on have a modified version in the Cham- visions. Under subsection (a) of Section 241, S. 1219, which will be scored as a key pro-life ber today. the expenditures made by a Christian Coali- vote for the 104th Congress. The Christian Coalition says it tion chapter leader for voter education could The substitute bans PACs and therefore strongly urges a no vote on cloture. be considered contributions to a candidate if bans independent expenditures—except for political parties and rich individuals. [Sec. Contrary to the letter sent out by Senators that same chapter leader happened to merely 201] This ban would prevent citizens of ordi- McCain, Feingold, and Thompson on June 19, retain the same lawyer or accountant as a nary financial means from effectively ex- the amended version of S. 1219 still contains candidate, even though the chapter leader did not cooperate or consult with the can- pressing their political viewpoints. the flawed provisions that seriously threaten If the PAC ban is declared unconstitu- didate at all. voter guides. The voter guide problem has tional, the substitute contains ‘‘backup’’ Section 211 is so broadly written that it NOT been corrected. provisions to suppress independent expendi- could prevent a Christian Coalition chapter According to the Christian Coalition. tures by requiring advance notice of in- leader from also holding a local party posi- The letter goes on: tended expenditures—even though some of tion even though the two activities are sepa- those expenditures will never actually occur The amended S. 1219 continues to place the rate and not interrelated. First Amendment right to educate the public [Sec. 242(3)]—and by rewarding candidates Section 306 would give the FEC the author- who are thought to be disadvantaged by on issues in serious jeopardy. It redefines ity to seek injunctions if it believes ‘‘there is ‘‘express advocacy’’ so that for the first time independent expenditures [Sec. 101]. a substantial likelihood that a violation . .. In addition, the substitute [Sec. 241] says ever the Federal Elections Commission is about to occur.’’ Such a prior restraint of that an independent expenditure can no would regulate issue advocacy by citizen free speech is unconstitutional. It is only longer be conducted at all by anyone who groups. justified in weighty cases such as national ‘‘has played a significant role in advising or The Supreme Court has repeatedly pro- security concerns, but should never be per- counseling the candidate’s agent at any time tected voter education from Government mitted to prevent core political free speech. on the candidate’s plans, projects, or needs regulation unless it expressly advocates the The free speech rights of citizen organiza- relating to the candidate’s pursuit of nomi- election or defeat of a clearly identified can- tions should not be infringed by the FEC at nation for election, or election, to Federal didate. the eleventh hour of an election. office, in the same election cycle, including The letter goes on: The Christian Coalition does not have a po- any advice relating to the candidate’s This interpretation ensures that the First litical action committee. However, as a free desision to seek Federal office.’’ [emphasis Amendment right of like-minded citizens to speech issue, we believe citizens should be added] In other words, any person or group discuss issues is not infringed by federal able to pool resources to form political ac- that remarked to a potential candidate, campaign law. But under S. 1219, this free tion committees under reasonable restric- ‘‘We’d like you to consider running for Con- speech would be subjected to great uncer- tions. We therefore object to section 201. gress,’’ would thereby trigger a ‘‘gag rule’’ tainty, and as it is likely to be interpreted On behalf of the members and supporters of under which any subsequent independent ex- by the FEC, possible illegality. S. 1219 could the Christian Coalition, we strongly urge penditure on behalf of that candidate would effectively cripple the Christian Coalition’s you to vote on the side of the First Amend- be illegal. Moreover, this clause could be voter education activities, including the dis- ment and free speech. Please vote NO on clo- triggered by even one-sided communication tribution of voter guides. ture. Thank you for your attention to our from an interest group to an incumbent, dis- concerns. I will not read further from that let- cussing (for example) public opinion in a Sincerely, given state regarding a piece of pending leg- ter, but I ask unanimous consent the BRIAN LOPINA, islation. entire letter be printed in the RECORD. Director, The substitute [Sec. 241(a)] seeks to broad- There being no objection, the letter Governmental Affairs Office. en the definition of ‘‘express advocacy’’ far was ordered to be printed in the Mr. MCCONNELL. In addition to beyond the definition enunciated by the Su- RECORD, as follows: that, the National Right to Life Com- preme Court in Buckley v. Valeo (1976). The bill would enact the ‘‘taken-as-whole’ test CHRISTIAN COALITION, mittee, in a letter dated June 22, says that has been rejected by the federal courts Washington, DC, June 24, 1996. that it has ‘‘* * * analyzed the new on constitutional grounds. Under this expan- Vote No on Cloture on the McCain-Feingold substitute and finds that, to an even sive definition, the bill would restrict the Campaign Finance Bill. greater degree than the original bill, it distribution of issue-oriented material that DEAR SENATOR: Tomorrow the Senate will does not, in fact, urge the election or defeat vote on whether to invoke cloture on S. 1219, rides roughshod over the First Amend- ment.’’ The National Right to Life of any candidate. the McCain-Feingold campaign finance bill. In a June 19 ‘‘Dear Colleague’’ letter Sen- Christian Coalition strongly urges you to Committee also opposes this bill. ators McCain, Feingold, and Thompson said vote NO on cloture. Contrary to the letter I will not read further from that let- that they added a provision to exempt ‘‘vot- sent out by Senators McCain, Feingold, and ter, but I ask unanimous consent the ing guides’’ from the bill’s restrictions, but Thompson on June 19, the amended version entire letter be printed in the RECORD. the actual provision in the substitute is of S. 1219 still contains the flawed provisions There being no objection, the letter vastly narrower than what is described in that seriously threaten voter guides. The was ordered to be printed in the the ‘‘Dear Colleague’’ letter. The purported voter guide problem has NOT been corrected. RECORD, as follows: ‘‘exemption’’ [see Sec. 241(a)] applies only to The amended S. 1219 continues to place the ‘‘a communication that is limited to provid- First Amendment right to educate the public NATIONAL RIGHT TO ing information about votes by elected offi- on the issues in serious jeopardy. It redefines LIFE COMMITTEE, INC., cials on legislative matters.’’ On its face, ‘‘express advocacy’’ so that for the first time Washington, DC, June 22, 1996. this ostensible ‘‘exemption’’ does not apply ever the Federal Elections Commission Re In opposition to McCain-Feingold sub- to information regarding the public policy (FEC) would regulate issue advocacy by citi- stitute (S. 1219) to regulate and restrict positions of non-incumbents, or to dissemi- zens groups. political speech. nation of any information on candidates’ po- The Supreme Court has repeatedly pro- Senator MITCH MCCONNELL, sitions obtained from press accounts, can- tected voter education from government reg- U.S. Senate, didate questionnaires, speeches, interviews, ulation unless it ‘‘expressly advocates’’ the Washington, DC. or a host of other sources. Moreover, even election or defeat of a clearly identified can- DEAR SENATOR MCCONNELL: On June 18, we the purported exemption for information on didate. This interpretation ensures that the sent you a letter expressing the strong oppo- ‘‘votes’’ is effectively meaningless because of First Amendment right of like-minded citi- sition of the National Right to Life Commit- other provisions and definitions in the bill, zens to discuss issues is not infringed by fed- tee (NRLC) to the McCain-Feingold ‘‘cam- such as the definition of what constitutes a eral campaign law. But under S. 1219, this paign reform’’ bill (S. 1219). Since then, the ‘‘contribution’’ to a candidate (see below). free speech would be subjected to great un- sponsors have produced a new substitute The substitute [Sec. 241(b)(3)] would re- certainty, and as it is likely to be inter- amendment, on which the Senate will con- strict ads and other forms of speech that preted by the FEC, possible illegality. S. 1219 duct a cloture vote on Tuesday, June 25, at contain no reference whatever to an election could effectively cripple the Christian Coali- 2:15 p.m. or even to any candidate, by defining certain tion’s voter education activities, including NRLC has analyzed the new substitute and speech on legislative issues as a contribution the distribution of voter guides. finds that, to an even greater degree than to a like-minded candidate with whom there Although the sponsors of this legislation the original bill, it rides roughshod over the has been communication regarding those is- have amended the bill to exempt the dis- First Amendment. Through multiple overt sues. For example, if NRLC communicated tribution of elected officials’ voting records and covert devices, the substitute attempts with a senator regarding the merits of a cer- (vote ratings and congressional scorecards), to suppress advertisements, publications, tain abortion-related bill, which the senator S6768 CONGRESSIONAL RECORD — SENATE June 25, 1996 later voted for, and if NRLC later ran adver- ticipate in the political process in a mean- nizations to communicate with their mem- tisements in that senator’s state discussing ingful way and limit the ability of organiza- bers and the general public in the political that bill, this could be regarded as a ‘‘con- tions to make their voices heard in an open, process. tribution’’ to the incumbent (even if the sen- democratic process. We have examined the draft text of that ator is not mentioned in the ad), and there- Political action committees have encour- possible substitute amendment and our oppo- fore subject to all of the other restrictions aged millions of Americans to become in- sition to S. 1219 is not only unabated—it is, and penalty clauses in the bill. The costs of volved in the political system, many for the if anything, stronger than before. The ban on non-partisan voter guides that contain infor- first time. Many Americans are able to make activities of political action committees re- mation obtained from candidate question- small political contributions that serve as mains in the substitute, and would have a naires or other communications with an in- entree into greater political participation. devastating effect on the ability of ordinary cumbent or a challenger could also be re- Individuals are more likely to work for a citizens such as our members to act jointly garded as ‘‘contributions’’ under this provi- candidate or issue when they have contrib- in support of candidates. sion. uted money, and they are more inclined to Additionally, the new proposed reporting The substitute [Sec. 306] explicitly author- make a contribution when they know it will requirements for independent expenditures, izes the Federal Elections Commission, if it make a difference in the outcome. and the provisions intended to dilute the ef- believes ‘‘there is a substantial likelihood Political action committees stimulate fect of such expenditures, would have a that a violation of this Act is occurring or is small, individual donations. The average chilling impact on the effectiveness of such about to occur,’’ to obtain a temporary re- contribution of NEA members who contrib- communications. Coupled with the continu- straining order or temporary injunction to ute to NEA–PAC is under $6. These small ing effort to broadly redefine ‘‘express advo- prevent publication, distribution, or broad- contributions from middle-income citizens cacy,’’ Sections 241 and 242 represent one of cast of material that the FEC believes to be help counterbalance the ability of wealthy the broadest attacks on free speech rights outside the bounds of the types of political individuals to influence policymakers. seen in years, affecting not only electoral speech that would be permitted under the Eliminating political action committees but other legislative communications. Giv- law. This authorization for prior restraint of would not reduce the importance of money ing the Federal Election Commission a speech violates the First Amendment. in politics. It would reduce the importance of power to engage in prior restraint makes the The overall effect of the bill would be to working people in politics. attack even more serious. We appreciate the support for the right to greatly enhance the already formidable Political action committees also play an free speech which you’ve shown in your op- power of media elites and of very wealthy in- important role in communicating with mem- position to S. 1219, and we urge you to con- dividuals to ‘‘set the agenda’’ for public po- bers of organizations about issues that affect tinue your work on this very important litical discourse—at the expense of the abil- them. NEA would resist any effort to con- issue. If there is anything we can do to be of strain the ability of the Association—or any ity of ordinary citizens to make their voices assistance to you, please don’t hesitate to other organization—to communicate with heard in the political process. call. Therefore, the National Right to Life Com- members and candidates about issues affect- Sincerely, mittee urges you to vote No on cloture on S. ing children, public education, and education TANYA K. METAKSA, 1219. Because S. 1219’s restrictions on inde- employees. Executive Director. pendent expenditures and voter education NEA strongly supports campaign finance activities would ‘‘gag’’ the pro-life move- reform that encourages participation and re- Mr. MCCONNELL. Also, obviously ment from effectively raising right-to-life is- quires full disclosure of all sources of politi- the National Association of Business sues in the political realm, NRLC will cal financing. Moreover, we support partial PAC’s, NAB–PAC, which would essen- ‘‘score’’ this vote as a key pro-life vote for public financing of election campaigns as a tially be put out of business and lose the 104th Congress. means of leveling the playing field for chal- their ability to participate in the polit- Thank you for your consideration of lengers and incumbents. S. 1219 would weak- ical process, opposes the bill. NRLC’s concerns regarding this legislation. en efforts to increase voter participation, The American Conservative Union Sincerely, limit the involvement of low- and middle-in- and the Conservative Victory Fund op- DAVID N. O’STEEN, Ph.D., come citizens in the political process, and Executive Director. discourage efforts to educate and engage the pose it as well. I will not read from DOUGLAS JOHNSON, electorate. We urge you to oppose cloture on those letters, but I ask unanimous con- Legislative Director. S. 1219, and should the Senate vote on the sent the letters be printed in the CAROL LONG, measure, to oppose it and its substitute. RECORD. Director, NRL–PAC. Sincerely, There being no objection, the letters Mr. MCCONNELL. Interestingly MARY ELIZABETH TEASLEY, were ordered to be printed in the enough, a group with which I have not Director of Government Relations. RECORD, as follows: Mr. MCCONNELL. The National Rifle frequently been allied, and not many THE AMERICAN Members of this side of the aisle have Association, in a letter dated yester- CONSERVATIVE UNION, been allied, the National Education As- day, said: Alexandria, VA, June 25, 1996. sociation, sent a letter to me dated We have examined the draft text of that Hon. MITCH MCCONNELL, yesterday, June 24, in which the NEA possible substitute [the bill that is actually Russell Senate Office Building, stated it opposed this bill and called before us today] and our opposition . . . is Washington, DC. not only unabated—it is, if anything, strong- DEAR SENATOR MCCONNELL: On behalf of upon all Senators to vote against clo- er than before. the one million members and supporters of ture. The NEA pointed out, in referring So the National Rifle Association the American Conservative Union, I urge you to the ban on political action commit- to oppose S. 1219, the McCain-Feingold cam- also urges a vote against cloture be- tees, that ‘‘The average contribution of paign finance reform act. cause they believe it adversely affects NEA members who contribute to NEA– As a party to the seminal Buckley v. Valeo their ability to participate in the polit- PAC is under $6.’’ So, their question is, decision, ACU has had a long-standing inter- ical process. est in our nation’s campaign finance system. How in the world is that bad for the po- I will not read further from that let- Over the years, we have worked with many litical process. So they, too, oppose ter, but I ask unanimous consent the Members of Congress on both sides of the this legislation and urge a vote against entire letter be printed in the RECORD. aisle to try to reform the system in a man- cloture. There being no objection, the letter ner consistent with constitutional guaran- tees of free speech—even as we have opposed I will not read further from that let- was ordered to be printed in the ter, but I ask unanimous consent the efforts to change the system in a manner RECORD, as follows: entire letter be printed in the RECORD. which abridges those freedoms. There being no objection, the letter NATIONAL RIFLE ASSOCIATION McCain-Feingold does just that. Its fun- OF AMERICA, damental reliance on spending limits— was ordered to be printed in the Fairfax, VA, June 24, 1996. whether ‘‘voluntary’’ or otherwise—is mere- RECORD, as follows: Hon. MITCH MCCONNELL, ly the worst of its many wrong-headed provi- NATIONAL EDUCATION ASSOCIATION, Russell Senate Office Building, sions. The problem with our current system Washington, DC, June 24, 1996. Washington, DC. is not that too much money is raised and U.S. Senate, DEAR SENATOR MCCONNELL: We understand spent; as countless studies have shown, we Washington, DC. that an amendment in the nature of a sub- spend as a nation far more to advertise prod- DEAR SENATOR: The National Education stitute may be offered during this week’s de- ucts such as soft drinks and potato chips in Association (NEA) opposes S. 1219, the Sen- bate on S. 1219, the Senate campaign finance a given year than we do on all campaign ate Campaign Finance Reform Act of 1996, bill. As you know, we have repeatedly ex- spending combined. Do you really want to sponsored by Senators John McCain (R–AZ) pressed our opposition to S. 1219, as we be- vote for spending limits and in effect tell and Russell Feingold (D–WI). This measure lieve it unjustifiably and unconstitutionally your constituents that as far as you’re con- would hamper the ability of citizens to par- restricts the First Amendment right of orga- cerned, their decision over which soft drink June 25, 1996 CONGRESSIONAL RECORD — SENATE S6769

to purchase is more important than which Mr. MCCONNELL. So there are a Republicans who, in response to public dis- leaders to choose? number of groups who, in the past, gust with incumbent Democrats, promised to Rather, the problem in our current system have largely not been heard from dur- change the money system. Good government of campaign financing is that too much time ing these debates who have decided to and citizens groups complain—legitimately— is spent collecting the amounts of money that the national legislature is awash in vast needed to compete effectively in a competi- take a position, to get interested, and sums of money given by favor seekers. tive marketplace. Because of the contribu- to express their views. This is, of The likely result? That’s expected to be a tion limits enacted in the Federal Election course, something we greatly welcome rerun, too. Barring unexpected strength Campaign Act, too many candidates spend since—the point I would like to make— among the reformers, a filibuster organized too much time chasing too few dollars— obviously this bill not only affects can- by Mitch McConnell will halt Senate action. which is what gives special interest groups a didates for office, it affects everybody’s In any event, the House probably won’t find disproportionate influence over legislators. ability to participate in the political time to act this year. If what you are really seeking is a way to re- This outcome would be more regrettable if duce the influence of the special interests, system. These groups do not like our the bill were better. Sadly, it has only one simply lift the contribution limits. effort to push them out of the process. good provision—an end to the ‘‘soft money’’ But McCain-Feingold’s reliance on spend- They do not feel that their involve- scam that allows corporations and labor ing limits is not its only fault. Other wrong- ment in politics is a harmful thing. unions to give political parties millions of headed provisions include taxpayer sub- They think it is protected by the first dollars, purportedly for vague ‘‘party-build- sidization of both print and broadcast com- amendment, and I think they are right. ing’’ activities. If this reform alone survives, munications, and the bill’s outright aboli- Also, just in closing, I see the Sen- Congress could claim some progress. tion of political action committees. Public ator from Utah is ready to take a few But much of the rest of the package would subsidies amount to partial taxpayer financ- be a step back from real reform, while mak- ing of politicians—something overwhelm- moments or more, if he would like. One ing the election finance regulatory effort ingly opposed by the American people. Nor of my biggest adversaries on this issue, more complex and of less service to the pub- should PACs be abolished; to do so would be over the last decade, has been my lic. an unconstitutional infringement on the hometown newspaper, the Louisville The abolition of those endlessly maligned rights of free association and free speech. Courier-Journal, which is the largest PACs would make special interest money McCain-Feingold is a bad bill. Kill it and newspaper in our State. I was amazed harder to trace while denying small givers a start over. to pick up the paper this morning and chance to participate. A limit on out-of-state Yours sincerely, contributions sounds good, but it could cut read an editorial in which they even DAVID A. KEENE, two ways. Indeed, it would probably be more Chairman. think this is a bad bill. They even damaging to a candidate who challenges the think this is a bad bill. This is the local powers-that-be than to one who thrives CONSERVATIVE VICTORY FUND, most liberal newspaper in Kentucky. I on special interest support. Anyway, both Washington, DC, April 2, 1996. was astonished. Obviously, it made my provisions are surely unconstitutional. House of Representatives, day. As for a scheme to lure candidates to limit Washington, DC. I would like to read a couple of com- spending by offering them free TV time con- DEAR CONGRESSMAN: I want to bring to ments. They are predicting the cloture tributed by the networks, it’s simply wrong your attention a bill that would bring irrep- to foist the cost of cleaner government on a arable damage to the political process. Con- will not be invoked. They say, ‘‘This handful of businesses—and viewers. If there’s gresswoman Linda Smith has introduced HR outcome would be more regrettable if a cost to election reform, it should be borne 2566 which bans contributions from political the bill were better.’’ They go on to by all taxpayers. action committees to individuals running for say: It may be, indeed, that Congress is incapa- Congress. I’m deeply concerned about this. [Most] . . . of the rest of the package ble of devising workable change. And that In 1976, the Supreme Court ruled in Buckley would be a step back from real reform, while may matter less and less. v. Valeo that campaign finance restrictions making the election finance regulatory ef- The good news is that Kentucky and other burdened First Amendment rights. The only fort more complex and of less service to the states are experimenting with new ap- purpose recognized by the Supreme Court to public. proaches to paying for campaigns. To the ex- tent that states are also developing solutions justify restrictions on PAC contributions is Further, they say: the prevention of real or apparent corrup- to welfare and other national problems—a tion. The abolition of those endlessly maligned positive trend in our view—a national politi- Most of the arguments used for additional PAC’s would make special interest money cal establishment wallowing in dollars limits on political contributions from politi- harder to trace while denying small givers a showered on it by Philip Morris, RJR Na- cal action committees do not stand up under chance to participate. A limit on out-of-state bisco and others becomes increasingly irrele- scrutiny. Originally, the goal of campaign fi- contributions sounds good, but it could cut vant. nance reform was to reduce the influence of two ways. Indeed, it would probably be more money, to open up the political system, and damaging to candidates who challenge the NATIONAL RIFLE ASSOCIATION to lower the cost of campaigns. Since the local powers-that-be than one who thrives on OF AMERICA, 1974 amendments to the Federal Election special interest support. Anyway, both provi- Fairfax, VA, June 24, 1996. Campaign Act, which were done in the name sions are surely unconstitutional. DEAR SENATOR: We understand that an of ‘‘campaign finance reform’’, spending has They are right about that. amendment in the nature of a substitute risen sharply and incumbents have increased As for a scheme to lure candidates to limit may be offered during this week’s debate on both their reelection rate and the rate at spending by offering them free TV time con- S. 1219, the Senate campaign finance bill. As which they outspend their challengers. tributed by the networks, it’s simply wrong you know, we have repeatedly expressed our As you know when you first ran for Con- to foist the cost of cleaner government on a opposition to S. 1219, as we believe it gress, money is of much greater value to handful of businesses—and their advertisers, unjustifiably and unconstitutionally re- open-seat candidates or challengers than to stockholders and viewers. If there’s a cost to stricts the First Amendment right of organi- incumbents. Studies show that added incum- election reform, it should be borne by all zations to communicate with their members bent spending is likely to have less effect on taxpayers. and the general public in the political proc- vote totals than the challenger’s added ess. spending. Limits on political contributions It is a curious ally but I am proud to We have examined the draft text of that hamper challengers from getting their voice have them on board. possible substitute amendment and our oppo- heard while incumbents have significant ad- Mr. President, I ask unanimous con- sition to S. 1219 is not only unabated—it is, vantages in name recognition. Campaign fi- sent that other letters of opposition in if anything, stronger than before. The ban on nance laws lock into place the advantages of addition to those I referred to a few activities of political action committees re- incumbency and disproportionately harm moments ago, as well as the editorial mains in the substitute, and would have a challengers. of today in the Louisville Courier-Jour- devastating effect on the ability of ordinary We oppose HR 2566 and any other such nal, be printed in the RECORD. citizens such as our members to act jointly bills. The First Amendment is based on the There being no objection, the mate- in support of candidates. belief that political speech is too important Additionally, the new proposed reporting to be regulated by the government. The Con- rial was ordered to be printed in the requirements for independent expenditures, servative Victory Fund has helped you and RECORD, as follows: and the provisions intended to dilute the ef- hundreds of other conservatives since its cre- REFORM’S TIRED REFRAIN fect of such expenditures, would have a ation in 1969. HR 2566 would eliminate the As the U.S. Senate convenes today for yet chilling impact on the effectiveness of such Conservative Victory Fund. another vote on election finance ‘‘reform,’’ communications. Coupled with the continu- Sincerely, the setting is all too familiar. ing effort to broadly redefine ‘‘express advo- RONALD W. PEARSON, The measure is backed by liberal and con- cacy,’’ Sections 241 and 242 represent one of Executive Director. servative members of Congress—including the broadest attacks on free speech rights S6770 CONGRESSIONAL RECORD — SENATE June 25, 1996 seen in years, affecting not only electoral resents a direct challenge to the right of free Court in its 1976 Buckley v. Valeo decision: but other legislative communications. Giv- speech which we all should cherish and strive ‘‘In the free society ordained by our Con- ing the Federal Election Commission a to protect. stitution, it is not the government, but the power to engage in prior restraint makes the Those who support S. 1219 have suggested people—individually as citizens and can- attack even more serious. that it will enlarge or enhance participation didates and collectively as associations and We urge you to oppose S. 1219’s attack on in the political process. We believe those political committees—who must retain con- the right of free political speech. If there is who promote this view are either mis- trol over the quantity and range of debate on anything we can do to be of assistance to informed or unaware of the consequences of public issues in a political campaign.’’ you, please don’t hesitate to call. this legislation. In fact, S. 1219 will not level Moreover, the overwhelming majority of Sincerely, the political playing field, but will rather in- Americans oppose the concept embodied in TANYA K. METAKSA, crease opporunities for political manipula- S. 1219. The Wirthlin Worldwide firm con- Executive Director. tion by those who have access to national ducted a nationwide poll on May 28–30, which media outlets, at the expense of those who included this question: CHAMBER OF COMMERCE OF THE do not. ‘‘Do you believe that it should be legal for UNITED STATES OF AMERICA, The main focus of the NRA is in protecting individuals and groups to form political ac- Washington, DC, June 24, 1996. the right to keep and bear arms. However, tion committees to express their opinions MEMBERS OF THE U.S. SENATE: The Senate we believe that our system of government about elements and candidates?’’ will soon be asked to consider S. 1219, the depends on preserving all of our Constitu- Yes, should be legal: 83%. ‘‘Senate Campaign Finance Reform Act of tional protections. Associations like the No, should not be legal: 13%. 1995.’’ The United States Chamber of Com- NRA facilitate participation by concerned Thank you for your consideration of merce Federation of 215,000 businesses, 3,000 citizens who otherwise would not have the NRLC’s concerns regarding this legislation. state and local chambers of commerce, 1,200 resources to speak out on a national level. Sincerely, trade and professional associations, and 76 By removing their ability to offer their DOUGLAS JOHNSON, American Chambers of Commerce abroad views in independent forums by combining Legislative Director. urges your opposition to this legislation, their individual resources you would, for all CAROL LONG, which would restrict the participation by intents and purposes, eliminate their First Director, NRL–PAC. Political Action Committees (PACs) and in- Amendment rights. dividuals in the political process. As we have noted in previous correspond- NATIONAL RIGHT TO The U.S. Chamber of Commerce has long ence (letters dated 01/25/96 and 05/7/96), in the LIFE COMMITTEE, INC., promoted individual freedom and broad-scale Buckley v. Valeo decision of 1976, the Su- Washington, DC, June 7, 1996. participation by citizens in the election of preme Court stated that ‘‘* * * legislative DEAR MEMBER OF CONGRESS: The House our public officeholders. In this regard, we restriction on advocacy of the election or de- Oversight Committee will soon mark up oppose efforts to eliminate or restrict the in- feat of political candidates are wholly at some form of ‘‘campaign finance reform’’ volvement of PACs in our political process. odds with the guarantees of the First legislation. The committee will consider, We believe that PACs are a critical tool by Amendment.’’ S. 1219 contains the same kind among other things, proposals to either (1) which individuals voluntarily participate in of legislative restrictions, and we believe ban PACs and thereby also ban independent support of their collective belief. therefore that it is clearly unconstitutional. expenditures, or (2) not ban PACs, but place In addition, there are other proposals con- Again, I urge you to reject S. 1219, and all new restrictions on independent expendi- tained in the bill that would greatly inhibit other ill-conceived attempts at limiting free tures. long-standing protected freedoms. These at- speech and participation in the political National Right to Life Committee (NRLC) tempts to further limit the ability of indi- process. is strongly opposed to any legislation that viduals or collective political participation Sincerely, would further restrict independent expendi- should be defeated as an infringement on the TANYA K. METAKSA, tures, whether by banning PACs or in any basic principle of free speech. Further, a pub- Executive Director. other fashion. Such proposals would infringe lic mandate on the private sector to sub- on the First Amendment rights of individual sidize the election of public officials without NATIONAL RIGHT TO citizens, sharing a common viewpoint on an regard to support for a candidate also must LIFE COMMITTEE, INC., important public policy issue, to pool their be defeated. Washington, DC, June 18, 1996. modest financial resources in order to par- We believe that an indispensable element DEAR SENATOR: We understand that the ticipate effectively in the democratic proc- of our constitutional form of government is Senate is likely to vote on or about June 25 ess. the continued power of the people to control, on whether to invoke cloture on the McCain- As you review various ‘‘campaign reform’’ through the elective process, those who rep- Feingold bill (S. 1219), which would make proposals during the weeks ahead, please resent them in the legislative and executive sweeping changes in federal election laws. keep in mind the words of the Supreme branches of government. Any attempt to re- The National Right to Life Committee Court in its 1976 Buckley v. Valeo decision: form the system through eliminating PACs (NRLC) is strongly opposed to S. 1219. In ban- ‘‘In the free society ordained by our Con- or further restricting contribution levels has ning PACs, the bill also bans independent ex- stitution, it is not the government, but the the consequence of unreasonably restricting penditures—except by wealthy individuals. people—individually as citizens and can- the rights of American citizens. Rather, we This provision would flagrantly violate the didates and collectively as associations and support a system that relies on accountabil- First Amendment right of individual citizens political committees—who must retain con- ity through public disclosure, voluntary par- who share a common viewpoint on an impor- trol over the quantity and range of debate on ticipation without government mandates, tant public policy issue, such as abortion, to public issues in a political campaign.’’ and confidence in the electorate to make pool their modest financial resources in The Wirthlin Group conducted a nation- sound decisions through the free exchange of order to participate effectively in the demo- wide poll on May 28–30, which included this ideas and information. cratic process. The average donation to question: Therefore, we urge your opposition to S. NRL–PAC is $31. ‘‘Do you believe that it should be legal for 1219, as well as your opposition to invoking The bill would also place severe new limi- individuals and groups to form political ac- cloture on such legislation, which seeks to tations even on issue-oriented voter edu- tion committees to express their opinions restrict the participation of individuals or cation materials that do not urge the elec- about elections and candidates?’’ PACS in the political process. tion or defeat of any candidate. This, too, Yes, should be legal, 83%. Sincerely, violates the First Amendment. The overall No, should not be legal, 13%. R. BRUCE JOSTEN. effect of S. 1219 would be to greatly enhance Thank you for your consideration of the already formidable power of media elites NRLC’s concerns regarding this legislation. NATIONAL RIFLE ASSOCIATION and of very wealthy individuals to ‘‘set the Sincerely, OF AMERICA, agenda’’ for public political discourse—at DOUGLAS JOHNSON, Fairfax, VA, June 19, 1996. the expense of the ability of ordinary citi- Legislative Director. DEAR SENATOR: It is our understanding zens to make their voices heard in the politi- CAROL LONG, that a cloture vote has been scheduled for cal process. Director, NRL–PAC. June 25, 1996 on S. 1219, the Senate Campaign Therefore, the National Right to Life Com- Finance Reform Act. We believe this will be mittee urges you to vote No on cloture on S. NATIONAL RIGHT TO the most critical vote that you will cast this 1219. Because S. 1219’s restrictions on inde- LIFE COMMITTEE, INC., year in protecting the constitutional rights pendent expenditures and voter education April 30, 1996. of your constituents. Speaking for the more activities would ‘‘gag’’ the pro-life move- DEAR SENATOR: You are being pressured by than three million members of the National ment from effectively raising right-to-life is- so-called ‘‘public interest’’ groups to pass Rifle Association (NRA), we strongly urge sues in the political realm, NRLC will campaign finance reform measures under the you to vote against bringing this measure, or ‘‘score’’ this vote as a key pro-life vote for guise of ‘‘cleaning up the system.’’ More spe- this issue, before the Senate in any form. S. the 104th Congress. cifically, you are being asked to support a 1219 is a misguided attempt to limit partici- A vote in opposition to S. 1219 is consistent floor vote on S. 1219, the McCain-Feingold- pation in the political process, and rep- with the position taken by the U.S. Supreme Wellstone bill. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6771 We urge you to oppose S. 1219. Attorneys press their views on positions taken by can- individuals, but also for ordinary citizens. that span the ideological spectrum agree didates, and urge voters to support or oppose The only way ordinary citizens can have any that S. 1219 would destroy free speech and certain candidates. This dialogue is very im- meaningful opportunity to exercise their grievously injure both the right to associa- portant to the political process and very im- right of free political speech in modern tion and the right to petition government. portant to the American system. America is if they are allowed to pool their It is a myth that the American public is Under the Act, an individual can make funds in PACs. For the record, the average clamoring for campaign finance reform. In a independent expenditures, but a group of in- donation from National Right to Life mem- recent poll conducted by the Tarrance dividuals cannot organize and coordinate bers to its PAC is $31. Group, only one person, out of 1000, volun- their activities. This opens the political The status quo on speech by membership teered campaign finance reform as the big- process to wealthy individuals, but prohibits organizations and independent expenditures gest problem facing the country. When the the vast majority of citizens from pooling re- by political action committees works. Dis- poll respondents were given a list of 10 prob- sources to make their voices heard. closure laws governing PACs already provide lems and asked to rank them, campaign fi- If citizen groups and their political action detailed information on where the money nance reform came in last, with only 1% se- committees are eliminated, the only entities came from and how it was spent. The current lecting that topic. left that are freely able to discuss candidates process allows citizens to be involved in Under S. 1219, an individual would be able and the issues, except the candidates them- their government. That it how it should be. to make independent expenditures, but be- selves, are a few wealthy individuals and the We are enclosing a copy of the legal analy- cause of the ban on political action commit- news media. That is not the intention of the sis of S. 1219 by James Bopp, Jr., General tees, a group of individuals would be forbid- First Amendment. Counsel for NRLC. National Right to Life Another problem for you to consider is den to organize, pool their resources, and co- urges you to protect the constitutional that many in the media have a bias against ordinate their activities. This would leave rights of your constituents and oppose S. pro-life and pro-family candidates. If the the political process open to very wealthy in- 1219. media is allowed free speech and citizens dividuals and the media, but would prohibit Respectfully, groups are not, that will be a real disadvan- the vast majority of citizens from effectively WANDA FRANZ, Ph.D., tage for pro-life and pro-family candidates. making their voices heard. President. S. 1219 defines ‘‘express advocacy’’ so 2. THE NEW DEFINITION OF ‘‘EXPRESS ADVO- DAVID N. O’STEEN, Ph.D., broadly as to sweep in ‘‘issue advocacy.’’ CACY’’ IS UNCONSTITUTIONAL AND REPRESSES Executive Director. Thus, citizens’ groups would, in effect, be THE FREE SPEECH OF CITIZENS CAROL LONG, prohibited from publishing voter guides or Section 251 of S. 1219 attempts to ‘‘clarify’’ PAC Director. Independent Expenditures, However, it rede- giving candidates’ voting records. Several Mr. MCCONNELL. Mr. President, how federal courts have already struck down at- fines ‘‘express advocacy’’ to now include pro- tected ‘‘issue advocacy.’’. This extremely much time do I have remaining? tempts by the Federal Election Commission The PRESIDING OFFICER. The Sen- to do the same thing. broad new definition of express advocacy Free speech is essential to democracy. It is would sweep in protected issue advocacy, ator has 75 minutes. important not only for the press and wealthy such as voter guides which state the posi- Mr. MCCONNELL. Mr. President, I individuals, but also for ordinary citizens. tions candidates have taken on issues or give yield to the Senator from Utah, 10 min- We urge you to take any steps necessary, in- candidates’ voting records. utes. cluding opposing cloture, to prevent S. 1219 The new definition goes far beyond what The PRESIDING OFFICER. The Sen- or any similar measure that infringes upon the United States Supreme Court said was permissible to regulate as electioneering in ator from Utah is recognized. the First Amendment rights of citizens from Mr. BENNETT. Mr. President, I being approved by the Senate. the case of Buckley v. Valeo, 424 U.S. 1 (1976). In Buckley, the Supreme Court held that, in spoke at some length yesterday in a We also oppose the appointment of any philosophical fashion, going back to unelected commission that has the authority order to protect issue advocacy (which is to issue a final report on campaign finance protected by the First Amendment), govern- the Founding Fathers and the Federal- reform that would not be subject to the regu- ment may only regulate election activity ist Papers, hoping to turn the debate where there are explicit words advocating lar amendment process on the Senate floor. into that kind of an analysis of our the election or defeat of a clearly identified CHRISTIAN COALITION. basic freedoms and our political ap- candidate. This new definition would expand the um- proach. Today I want to get very down NATIONAL RIGHT TO brella of ‘‘express advocacy’’ so broadly that and dirty, as they say; very practical. LIFE COMMITTEE, INC., citizen groups other than PACs would also be It has been my observation throughout Washington, DC, November 8, 1995. effectively prohibited from informing the this entire controversy, and it goes Senator MITCH MCCONNELL, public about candidates’ positions on issues back to the last Congress as well as Senate Office Building, Washington, DC. as well as voting records. This curtailment DEAR SENATOR MCCONNELL: Campaign fi- this one, that the efforts at campaign of citizens’ freedom of speech would not af- finance reform really constitute an in- nance ‘‘reform’’ that destroys the freedom of fect the major media whose political power speech is not reform. would be vastly enhanced, since one bal- cumbent protection activity. The Sen- Current measures under consideration in ancing force currently in the public forum ator from Arizona, my friend, Senator the Senate would largely prevent citizen in- would be eliminated. MCCAIN, said that if the challengers volvement in the political process. We real- The Supreme Court would, again likely were voting here they would all vote ize there is a lot of pressure from the press find this new definition of ‘‘express advo- to ‘‘reform’’ the election process. However, for this bill because he showed the cacy’’ unconstitutional, and voters would chart that showed most of the PAC limiting free speech for citizens, while it find it exceedingly repressive. may please some elements in the press be- money went to incumbents. 3. S. 1219 AUTHORIZES UNCONSTITUTIONAL PRIOR cause it greatly increases their own power, is I have been a challenger. The mem- RESTRAINT neither politically wise nor constitutional. ory is still fresh in my mind, even We have the three major objections to S. Section 306 of the Act authorizes an in- though I am now an incumbent. And I junction where there is a ‘‘substantial likeli- 1219, the ‘‘Senate Campaign Finance Reform can assure all who do not know any- Act of 1995’’ as sponsored by Senators hood that a violation . . . is about to occur.’’ The FEC would be authorized to seek injunc- thing about the political process, that McCain and Feingold, and therefore will vig- an incumbent comes into a race with orously oppose this measure. tions against expenditures which, in the FEC’s expansive view, could influence an incredible advantages. Let me give an 1. S. 1219 WOULD ALMOST ELIMINATE INVOLVE- election. Such a preemptive action against example. I did not run against an in- MENT IN THE POLITICAL PROCESS FOR ORDI- the freedom of speech is unconstitutional ex- cumbent Senator but I ran against an NARY CITIZENS WHO ARE NOT INDEPENDENTLY cept in the case of national security or simi- WEALTHY incumbent Congressman. These are the larly weighty situations. Prior restraint advantages he brought to the race. S. 1219 would permit only individuals, or should never be allowed in connection with political committees organized by can- core political speech. There simply is no gov- He had a staff, paid for by the tax- didates and political parties, to solicit con- ernmental interest of sufficient magnitude payers, that was available to research tributions or make expenditures ‘‘for the to justify the government stopping persons every issue, provide him with a paper purpose of influencing an election for Fed- from speaking. on every issue, and in the course of eral office.’’ This country’s open system of representa- press releases give him the press sup- Many political action committees (PAC), tive democracy is the envy of the world. If port that he required. such as the National Right to Life PAC, you try to ‘‘fix’’ it by limiting people’s He held a press conference late in the exist because their members want to work voices, then you head towards totalitarian- campaign in which he attacked me for together to elect candidates who share their ism. Whatever its flaws, democracy is the views and beliefs. Under the current system, best system the world has seen to date. a wide variety of things. The press per- citizens are free to coordinate activities Free speech is essential to democracy. It is son who scheduled that press con- through PACs in order to discuss issues, ex- important not only for the press and wealthy ference, who wrote the press release, S6772 CONGRESSIONAL RECORD — SENATE June 25, 1996 and who handled all press inquiries re- So, Mr. President, I am not going to paign financing mechanisms in order to lating to it was paid by the taxpayer vote for cloture. I am not going to vote restore public confidence. because he was on the Congressman’s to support a bill that is an incumbent The experience of my State of Flor- staff. I had to have people there to pro- protection act. I am going to say we ida, I believe, is instructive in this re- tect my interests. They were all paid will all stand exposed to the challenge gard. In 1991, the State legislature for out of campaign funds because I had of challengers who have the energy and overhauled Florida’s campaign finance no congressional staff. I am not saying the message necessary to raise the system. It instituted a $500 cap on indi- that he broke the law. I am not saying money to challenge us and not hide be- vidual contributions. Prior to that it that he did anything improper. I am hind limits that say that we can use had been as much as $3,000. It provided just outlining this is the way it is. the advantages of our offices and our for public financing of campaigns. It He had name recognition going back challengers cannot. I believe it is as instituted overall caps on statewide to 8 years of service in the House of simple as that. I believe that honest races. It provided incentives to abide Representatives. I thought I had some fairness says we will oppose this bill, by the cap. name recognition because my father and, therefore, we oppose cloture on What has happened in the relatively had served in the Senate. I figured ev- the bill. I yield the floor. brief period that Florida has had these erybody would remember the name The PRESIDING OFFICER. Who campaign finance reforms? In 1990, ‘‘BENNETT’’ favorably in connection seeks recognition? there was an incumbent Governor run- with the Senate. Boy, did I find out dif- Mr. FEINGOLD. How much time do ning for reelection. That incumbent ferently. In the first poll that was the proponents have remaining? Governor spent $10,670,000. Four years taken, I was at 3 percent, with a 4-per- The PRESIDING OFFICER. The pro- later, there was a different incumbent cent margin of error. I could have been ponents have 67 minutes 15 seconds. Governor running for reelection. In minus 1. How do I counteract that 8 Mr. FEINGOLD. I yield 10 minutes to that campaign he spent $7,480,000. I years of name recognition that he has the distinguished Senator from Flor- note that the incumbent in 1990, who built up? I had to raise the money. How ida, who has been one of the original spent almost a third more, lost. The in- did I pay for the people who were there supporters of this legislation and has cumbent in 1994, under the new stand- to counteract the people that he had on helped us all through the difficult proc- ards, was reelected. Common Cause of his congressionally supported staff? I ess of trying to get it up for a vote. I Florida attributes the decrease in cam- had to raise the money. thank him very much. Is it a fair fight when you say the in- paign spending directly to Florida’s en- Mr. WELLSTONE. Will the Senator cumbent is at level x and the chal- actment of campaign finance reforms. yield me 5 seconds? Mr. President, the States can control lenger must also be at level x, when the Mr. GRAHAM. I yield the Senator 5 the terms and conditions of elections incumbent has all of these advantages seconds. for State officials. It is our responsibil- that are worth money that the chal- Mr. WELLSTONE. I thank the Sen- ity to do likewise for the Congress. I lenger has to raise money in order to ator. produce? When you say, let us get a applaud the effort that is before us fair fight and let us do it by saying PRIVILEGE OF THE FLOOR today. It is a genuine, thoughtful re- that the challenger is unable to raise Mr. WELLSTONE. Mr. President, I sponse to a serious national problem. I money to take care of the things that ask unanimous consent that David do not pretend that it is perfect. We the incumbent does not have to raise Hlavac, who is interning with me, be have already heard on the floor several money for, you are automatically cre- allowed to be on the floor throughout persons who, like myself, will vote to ating a circumstance in favor of the in- the duration of this bill. invoke cloture and support this bill, cumbent. The PRESIDING OFFICER. Is there but who also are prepared to support Some political observers have said to objection? Without objection, it is so modifications that we think would per- me, ‘‘Why are you opposed to this now ordered. fect it. that you are an incumbent? We can un- Mr. GRAHAM. Mr. President, I first For instance, I do not believe that derstand that you were opposed to will extend my commendation to Sen- political action committees are a poi- campaign reform while you were a ators FEINGOLD and MCCAIN and the sonous political evil that should be challenger because as a challenger you others who have worked so hard to banned. But, Mr. President, if accept- were at a disadvantage in the face of craft what is truly a bipartisan pro- ing some restraints on political action campaign reform. But now that you are posal to deal with one of the serious committees is necessary to achieve the an incumbent, and particularly now cancers in our American democratic bipartisan consensus for the passage of that your party has a majority of the system, and that is the way in which this sorely needed legislation, I am incumbents, why isn’t your party in we manage and finance campaigns for prepared to vote to do so. favor of an incumbent protection act the Congress. This bill is another ex- Mr. President, there are many infir- that will put all of these disadvantages ample that, if we are going to do the mities in our current system which on the backs of the challenger?’’ public’s will, it must be done in a bi- have already been identified. Remedies Well, I go back to my statement yes- partisan spirit. have been prescribed. I wish to focus on terday. I have philosophical challenges Mr. President, we have spent a lot of one of those infirmities. That is, that with these attempts to do that which I this year and last year talking about the enormous amount of money in po- consider would produce damage to our the creative energy of the States, the litical campaigns has fundamentally basic philosophical underpinnings in desire to return greater responsibility changed the nature and purpose of con- this country. I did not quote the Fed- to the States for many of our most gressional campaigns. eralist Papers just to prove that I had basic domestic programs. We have ac- What should be the purpose of a po- read them. I went through that process knowledged that the States, given that litical campaign? In my opinion, it to demonstrate that I have a philo- responsibility, given their flexibility to should include at least two dual rela- sophical objection to what it is we are respond to the specific circumstances tionships. First, there should be a dual- trying to do here, even though, should that they face, would unleash a new ity of relationship in terms of edu- this bill pass, I would be benefited as wave of innovation to bring us creative cation. Yes, the candidate is trying to an incumbent. I am convinced, if this solutions to some of our most vexa- educate the public as to who he or she bill were to pass, that I would be bene- tious problems. is, what he or she stands for, what fited as an incumbent, that I would be Mr. President, I say that we can take would be the objective of service in in a circumstance where it would be some encouragement as to the legit- public office, what they would try to impossible for anybody to challenge imacy of that position by looking at accomplish. But there is an equally im- me. But I am willing to run the risk of what States have done in the area of portant side of the education duality, having them challenge me because that campaign finance reform. States were and that is that the citizens are influ- is the American pattern and that is faced with basically the same problem encing the candidate. A campaign what is in the Constitution that all of that we are dealing with this morn- should be a learning experience. The us have sworn to uphold and defend ing—the problem of campaign money campaign should better prepare the here in this body. run amok and the need to change cam- candidate to serve in public office by June 25, 1996 CONGRESSIONAL RECORD — SENATE S6773 the experiences, the exposure, that the log between the voter and the can- mination for the North Dakota voters campaign will provide. didate. By doing so, we can all share in in that campaign. I think it would have There is a second duality, and that is giving this country a great victory, been a better campaign had we had 8 the development of a democratic con- and restoring the public’s faith in the hours prime time, statewide television, tract. The citizens should have some political process. I urge this bill’s pas- without handlers, to talk about what reasonable expectation that if they sage. we thought was important for the fu- vote for a particular candidate, the The PRESIDING OFFICER. Who ture of this country. We did not have policies that candidate has advocated seeks recognition? that kind of campaign. will, in fact, form the basis of the can- Mr. FEINGOLD. Mr. President, I So, the question for the Senate now didate’s efforts once in office, and the yield up to 5 minutes to the Senator is, what kind of campaign finance re- public official should have the right to from North Dakota. form would be useful in this country? expect that in office he would have the Mr. DORGAN. Mr. President, I intend There are wide disagreements about support of the public, the mandate of to vote for cloture today. I do not do so how this ought to be addressed. For in- the public to achieve those policies believing this is a perfect bill. There stance, I saved this article, the head- upon which his or her campaign was are some provisions in this measure I line of which quotes my friend Speaker predicated. These dualities, a duality do not support. I do not support the GINGRICH as saying, ‘‘Gingrich calls for of education and a duality of the form- complete abolition of PAC’s, for exam- more, not less, campaign cash.’’ Speak- ing of a democratic contract, these are ple. But I believe we ought to be debat- er GINGRICH gave a speech downtown, essential elements of our system of ing campaign finance reform. There- and he fundamentally disagrees with representative democracy. fore, I will vote for cloture to get a me that there is too much money in However, Mr. President, the excess of campaign finance reform bill on the politics. He says there is not enough money in campaigns has changed the floor of the Senate so we can offer money in politics; there ought to be nature and the purpose of the cam- amendments and see if we can perfect more money in politics. paign. It has, in fact, allowed can- the bill in a way that will represent the I think that if we can find a way— didates to hide from the voters rather public interest. and this bill provides one mechanism— than to use the campaign to learn from In my judgment, the financing of po- to limit campaign spending and require and more effectively communicate litical campaigns is spinning out of full disclosure on all contributions, at with the public. Candidates now move control—more and more dollars in each that point you will start ratcheting from the television studio to record 30- campaign, more and more wealthy can- down the cost of political campaigns in second sound bites, often of a highly didates financing their own campaigns. this country, and I think you will do negative character, to the telephone to Campaigns in America have not so this country a public service. solicit campaign contributions to pay much become a competition of ideas— Last weekend when I was at Monti- for those 30-second sound bites. There this is what campaigns ought to be— cello, the home of Thomas Jefferson, I is little time left to interact on a per- but a 30-second ad war. Not so much by was reminded again of the work and sonal level with the voter. candidates, but by the creators of the words of this great American in the By providing for spending limits, this 30-second little ‘‘bomb bursts’’ that are early days of this country. It seems to bill would direct voters from the tele- put on television to try and destroy me Tom Jefferson would view what vision studio back to the street to look other reputations. These hired guns goes on in political campaigns in for ways other than money to appeal to hardly serve the public interest, yet America today as a perversion of de- voters, by interacting with them, dis- campaigns really have become a com- mocracy. Today’s campaigns are not, cussing issues, debating of the can- petition of 30-second ads. as I said earlier, a competition of ideas didates, so that voters can make an ac- When I last ran for the U.S. Senate, about how to make this a better coun- curate assessment of who they wish to I was much better known than my op- try. They are much more a 30-second represent. ponent, so I made a novel proposal, ad war that does not serve the public I personally, Mr. President, would which he did not accept, unfortunately. interest. like to see a requirement that one who I wish he would have. I said: I am bet- I intend to vote for cloture. I hope we participates in the public assistance to ter known than you, but if we can will obtain cloture and have this im- a campaign, whether Presidential can- agree to certain things, I think in portant piece of legislation on the didates participating for direct-cash in- many respects it will even things up. floor, open for amendments. I yield the fusion or congressional candidates who, Let neither of us do any advertising at floor. under this legislation, would benefit by all. Neither of us will do any radio or Mr. FEINGOLD. Mr. President, I preference in perks like postal and television ads, no 30-second ads, no ads yield up to 15 minutes to Senator broadcast rates, that they would com- of any kind. You and I will put our THOMPSON of Tennessee, who has been mit themselves to participate in a stip- money together, and we will buy an one of the main authors of this bill and ulated number of public appearances hour of prime time television each has been key to making this a biparti- with their opponents. I believe that is week for the 8 weeks prior to the elec- san reform effort. I thank him for his the truest way in which the public can tion, and each week we will show up good work on this bill. form an opinion as to the qualities and without handlers, without research The PRESIDING OFFICER. The Sen- capabilities of the persons who seek to notes, at a television studio with no ator from Tennessee is recognized. represent others. monitor, and for an hour in prime Mr. THOMPSON. I thank the Sen- Mr. President, providing for a vol- time, statewide on North Dakota tele- ator. I thank the majority leader for untary system of spending limits, vision, you and I will discuss the fu- bringing this matter to the floor at while simultaneously requiring can- ture. We will discuss whatever you this time. I thank my distinguished didates to raise at least 60 percent of want to discuss, whatever I want to colleagues, Senator MCCAIN and Sen- campaign funds from their home State, discuss, such as why we are seeking a ator FEINGOLD, for their leadership on are positive steps toward bringing can- seat in the U.S. Senate, what kind of this bill. I am proud to be one of the didates and voters together. Passage of future we see for this country, what original cosponsors of this particular this bill would be a positive step to- kind of policies we think will make legislation. ward realizing the goal of our political this a better country. Mr. President, after having listened process, allowing the voter to truly un- I thought, frankly, 8 hours of prime to over a day of debate on this issue, I derstand, truly assess the candidate’s time television, statewide, with both of think the question now could be simply view, and thus to make an informed us addressing each other and address- put. Are we satisfied with our current judgment, while simultaneously help- ing why we were running for the U.S. system of financing Federal campaigns ing to prevent politicians from becom- Senate, might have been the most in this country? Do we think it is a ing insulated and mitigate voters’ dis- novel campaign in the country. My op- good system? If we are not satisfied, affection. ponent chose not to accept that. In- are we willing to at least take the first Mr. President, by passing this bill stead, we saw a barrage of 30-second step—perhaps not a perfect step—to- today, we can restore a meaningful dia- ads. I do not think it provided any illu- ward doing something about it? S6774 CONGRESSIONAL RECORD — SENATE June 25, 1996 I approach this from the standpoint that any system that costs so much lihoods—whether it is term limits, of one who was recently a challenger money and any system that requires us campaign finance reform, or some and who is now an incumbent running to go to such great lengths to get that other issue that affects us directly as for reelection in 2 years, having gotten money cannot be on the level. We see, politicians. Then we come up with all the unexpired term of the Vice Presi- day in and day out, editorials across kinds of excuses why it will not work. dent for a 2-year term. I am now run- the country. Common Cause has com- We have a system where soft money, ning as an incumbent for a full term. piled 261 editorials from 161 newspapers of course, has completely made a sham So I have seen it from both sides. and publications. What they say is not of the reforms that were put in place in I also approach it from the stand- a pretty picture. It is not that I nec- earlier years. We all know that. It is a point of one who made a commitment essarily agree with the analysis made bipartisan problem. Soft money now is to the people of Tennessee that I will of these articles, but this is the percep- up 100 percent—a 100-percent increase— try to change the system that we have tion among editorial writers across the with hundreds of thousands in con- now working in Washington and that I country—liberal papers and conserv- tributions, in many cases that we see. was dissatisfied with the process by ative papers. The most conservative So there has been a 100-percent in- which our legislation is enacted. But I paper in my home State, in Tennessee, crease since the last election cycle. think it is fundamentally the business the Chattanooga Free Press, a Repub- Now, that is the system, Mr. Presi- of the U.S. Congress to address how we lican paper, has one of the editorials dent. I do not think it is a very good elect our public officials, how long contained in this compilation. What one. I submit that it is not a good sys- they stay, and what their motivations they say, I think, is what is perceived tem. Some opponents of reform say are when they get here. So I am de- by the American people. They say that there is not enough money in politics. lighted to be a part of this effort. neither party wants to end the abuses. It is not a question of too much; it is The system now—let us take a look One of the editorials says, ‘‘In Con- not enough; that $700 million spent in at the system that we have now. I be- gress, Money Still Talks.’’ Another 1994 is not enough. They say that more lieve I can be objective in describing it. says, ‘‘New Year’s Sale on Votes.’’ An- money is spent on soap detergent ad- Elections certainly cost more and more other says, ‘‘Money Brings Votes.’’ An- vertisement, or whatever kinds of ad- and more. We see Senate campaigns other says, ‘‘Congressmen Admit Being vertisement, than on political cam- now that cost $10, $20, and $30 million. Bought by Contributions.’’ Another paigning. I hope that that analogy will The combined expenditures in one Sen- says, ‘‘Republican Reform; GOP Al- fall on its face without serious analy- ate campaign were over $40 million. We ready Bought Off.’’ have a system where more and more Mr. President, that hurts. The Chat- sis, but a lot of people use that. No. 1, time is taken by Members of Congress, tanooga Free Press in Tennessee says we are not in the soap-selling business. at a time when technology and all the in its article—it entitles it, ‘‘The Cam- No. 2, if Procter & Gamble were adver- demands of modern campaigning re- paign Money Evil.’’ Another article tising in a way that undermined the quire campaigns to cost more and says, ‘‘Getting What it Paid For,’’ talk- credibility of the company, they would more. More and more, we, the Members ing about American industry. Another not be doing it. No. 3, these businesses of, supposedly, the world’s greatest de- says, ‘‘Feeding Frenzy on the Hill,’’ have only one goal, and that is profit. liberative body, wind up having no talking about us and our fundraising I would like to think that we have an time to deliberate anymore because of activities. Another says, ‘‘Buying the additional goal in the U.S. Congress. the fractured nature of our lives. For Presidency.’’ While we are not dealing Other opponents say that it restricts someone to run in a State such as with a Presidential campaign, if I freedom and the ability to participate. mine, I have calculated that now it heard it correctly on the Brinkley This is, of course, a voluntary system, would be about $15,000 a week that I show, now, apparently, for $50,000 you No. 1. And No. 2, we are not talking would have to raise, year in and year can sleep in the Lincoln bed at the about mom and pop sitting around the out, to run the kind of campaigns that White House. Another says, ‘‘NRA kitchen table deciding how to distrib- would be traditionally raised in a State Buys Recent House Votes.’’ You can ute their $100 or $250 to a Presidential such as mine. say that—— campaign or a senatorial campaign. Mr. President, that is not why I came Mr. MCCAIN. Will the Senator yield? They can still do that any way they to the U.S. Senate. We have a system Mr. THOMPSON. Yes. want to do it. now where more and more of the per- Mr. MCCAIN. That is $130,000. It is With regard to the PAC issue, which ception is that contributions are tied not as cheap as $50,000. I will discuss in a moment, it simply to legislation. Perhaps that was not a Mr. THOMPSON. Well, that certainly means that if this legislation were problem when the amounts were small- seems more reasonable. Another says, passed, instead of sending it to a politi- er. But now we see larger and larger ‘‘Big Money Talks.’’ Another says, cal action committee, they would have contributions, usually soft money con- ‘‘Taste of Money Corrupts Politics.’’ to make a decision themselves as to tributions, with regard to larger and This is from Texas. Another says, ‘‘The which candidate they wanted to send it larger issues, millions of dollars being Great ‘Unsecret’ of Politics.’’ That is to. There is no restriction of freedom spent, billions of dollars being decided the relationship between contributions here on anyone except those in Wash- by massive pieces of legislation in the and votes. Another says, ‘‘Legal Brib- ington who receive all those U.S. Congress. ery Still Controls Congress.’’ I do not minicontributions from various people We have a system where it is no believe that, but a lot of people believe and make the political decision as to longer ideological. The money does not that, and we have to ask ourselves how to use that money. Their freedom flow to ideas. The money flows to why. Another says, ‘‘Campaigns up for will be restricted somewhat. There is power. Whoever is the incumbent party Sale.’’ no limit whatsoever in this legislation Mr. President, how much more of likes the system. Whoever is not the on anybody’s ability to participate in this can we stand as an institution? incumbent party plans on being the in- the process. People need to understand How can we go before the American cumbent party. Democrats have killed that. this legislation for years, and now that people with the tough choices that we the Republicans are in power, we are are going to have to be leading on, con- The current limitation we have is trying to return the favor. We have a vincing the people, with no credibility? $1,000 on individual contributions. That system whereby, in individual cases, Ten percent of the people in this coun- is a limitation. That is the same limi- people are drawing closer and closer re- try have a great deal of confidence in tation that we have here; no new limi- lationships with individual pieces of Congress. Twelve percent have a great tation. legislation and massive amounts of deal of confidence in the executive Many people say that certainly we money that are being spent by the peo- branch. Eighty percent of the people, want reform. Everybody knows we need ple affected by the legislation. at least, favor major change here. We reform. ‘‘It is a lousy system but not We constantly see news stories, day always want to be responsive to the this reform. I would support it, if this in and day out. There is a strong per- American people, until it comes to particular feature was in, or out,’’ or ception among the American people something that affects us and our live- whatnot. I think that it is tempting to June 25, 1996 CONGRESSIONAL RECORD — SENATE S6775 want to have it both ways; to be for re- leagues to spend the time on the things The PRESIDING OFFICER. The Sen- form but never be for a reform meas- that they were elected to do. ator from Kentucky. ure. Some people say it is an incum- I believe it would level the playing Mr. MCCONNELL. Mr. President, a bent protection business, like my field; 90 percent of all incumbents—in couple of observations, and then I am friend Senator BENNETT. I take a dif- this revolution that was supposedly going to yield 10 minutes to the distin- ferent view from that. I think that having all this turnover of all of those guished Senator from Washington. under the system now he is certainly who want to be reelected—90 percent I have listened with interest over the correct. Incumbents have substantial are reelected. For those of my friends years to the debate in this debate advantage. What this legislation would who always look and see who supports about the suggestions of the money do is, let us say, at least place some a piece of legislation before they decide chase and dividing up the amount of limitation on the major incumbent ad- whether they are for it or against it, money one might raise in a campaign vantage; and that is the ability to raise and all of them who decry the trial by every week of service. My good unlimited amounts of money. The in- lawyers and the AFL–CIO and the, well friend from Tennessee, for example, cumbents are still going to have the you finally found something that you suggested that he would have to raise advantages that they always had. But all agree on because they are all in $15,000 a week throughout his entire at least you are saying to that incum- agreement with the opponents of this term to be competitive in Tennessee. bent if he voluntarily chooses to par- legislation that this is a bad piece of I think it is important to remind ev- ticipate that there will be some cap on legislation. So maybe they will lay off eryone of the statistics which are irref- the amount of money that you spend. those groups for a little while in the fu- utable. Eighty percent of the money You are an incumbent now. The money ture. raised in a Senate reelection cycle was Mr. President, this is not a division is going to come to you not because raised in the last 2 years. Senators are any longer of business versus labor or people believe in you in many, many not out raising money every week of Democrats versus Republicans. It is cases any more but simply because you through a 6-year term. In fact, in the a division of people who want to are an incumbent, and you have the last cycle 80 percent of the money change the system and those who genu- power and authority at that point. raised by Senators was raised in the inely do not believe that we ought to They say, ‘‘Well, it restricts people last 2 years. have it. I would like to think that this from coming in and spending enough So I am unaware of anybody here in is reform time. I would think that this money to overcome the incumbent.’’ the Senate that is working on fundrais- would do more to assist in our attempt How often does that happen in the real ing week in and week out through the to balance the budget than anything world? When it happens, it is somebody course of the 6-year term. else because much of the pressure that who is an extremely wealthy individ- Second, let me just say again that I this process has within, in it is pres- ual. And it happens then sometimes. always find it somewhat amusing the So you wind up with professional sure to spend money. It would be a gen- extent to which the revelation that lit- politicians on the one hand who are uine reform measure. tle is spent on campaigns relative to The lobbying and gift reform meas- able to raise large sums of money be- consumer items like yogurt tends to ures were something long overdue. We cause they are incumbents, and exercise the proponents of this bill al- needed to do it. But we are in a situa- wealthy individuals on the other. That most to distraction. But, of course, it tion now where you cannot buy me a is what our system is becoming—those is absolutely appropriate when it is $50 meal or a $51 meal but you can go two classes of people and nobody else. said too much is spent on campaigns. out and get together a few hundred This legislation would level the play- You would have to ask the question: thousand dollars for me for my cam- ing field and let more people of average Compared to what? Compared to what? paign. So that does not make a whole means participate. This bill is vol- For that observation to mean anything lot of sense. it has to be compared to something. untary. Under it campaigns will cost I do not think that we ought to get in In 1994, in House and Senate races, less. I think that is the crucial feature. a situation where we are for reform about $3.74 per eligible voter was spent. A lot of us who support this legislation until it affects us individually and our We spent about on politics in the last have different ideas about that. To me livelihood when we are affecting every- cycle what consumers spent on bubble the PAC situation is not a crucial fea- body else’s livelihood on a daily basis. gum. Roughly $600 million was spent ture. I think it should not be viewed with on bubble gum. In 1996, Americans will Opponents are certainly correct when suspicion among my Republican col- they point out that the PAC’s were a leagues. I think too often that we are spend $174 billion on commercial adver- reform measure in and of themselves in trying to figure out how this is going tising. So it is appropriate when dealing 1974 in the aftermath of Watergate. We to benefit them, or us. The fact of the with the basic premise underlying this thought that would substantially re- matter is we do not know. There is no form the process, and now PAC’s are an way to figure it. There is no way to measure that too much is being spent anathema to a lot of people. tell. It depends on swings. Sometimes to ask the question about the premise: The fact of the matter is—and both we are going to be in. Sometimes we How much is too much? My view is sides should understand and know are going to be out. Sometimes a new that $3.74 per voter is pretty hard to this—that people, whether they be scheme might hurt us. Sometimes it argue is too much to spend commu- businesses or labor unions or whoever, might help us. But the bottom line is nicating with the electorate. individuals can still send money in. that we should not be afraid of fun- Mr. President, my good friend from They can still contribute. They can damental reform that the American Washington has been quite patient, in still get together and decide that they people want, that we all know that we the Chamber for some time now, and I want to individually send contribu- need, and we should get back to win- will be glad to yield to him 10 minutes. tions in. ning not on the basis of who can raise The PRESIDING OFFICER. The Sen- In my campaign I ran against an in- the most money but on the basis of the ator from Washington is recognized. dividual that did not accept PAC competition of ideas. Mr. GORTON. Mr. President, I be- money. He got all of the same kind of That is what we pride ourselves in. lieve it important in discussing an money that he wanted. It is a little That is why we think we were success- issue of this significance to begin once more cumbersome. But we are not ful last time. That is why we think we more with fundamental principles. The eliminating special interest money if will be successful again. Let us get most fundamental principle affected by we eliminate PAC’s. back to that concept. this debate is found in the first amend- So to me that is more of a symbolic It is for those reasons that I support ment to the Constitution of the United measure than it is anything else. The this legislation and urge my colleagues States which in relevant part reads, real crucial measure is limiting the to do so. ‘‘Congress,’’ that is to say us, ‘‘shall overall amounts of money—that $500 Thank you, Mr. President. I yield the make no law abridging the freedom of million that was spent in congressional floor. speech.’’ races in the last election time. It will Several Senators addressed the Mr. President, I turn to page 31 in take less time. It will allow my col- Chair. this bill in section 201 and I read, ‘‘No S6776 CONGRESSIONAL RECORD — SENATE June 25, 1996 person other than an individual or a the editorial support that they provide start over with a very simple propo- political committee may make a con- for candidates—no limitations there sition that just says everyone disclose tribution to a candidate.’’ but severe limitations on the ability to where his or her money comes from ‘‘No person other than an individual respond to those newspapers. and trust the intelligence of the people or a political committee may make a And one other important element. to sift through the arguments that contribution to a candidate.’’ In other All organizations, all groups that are they get? No. We are told if 1,000 re- words, any voluntary association is en- willing to engage in the subterfuge strictions were not enough, let us try tirely denied the right to participate in that they are not endorsing candidates 2,000 restrictions and see if it does not the most effective possible way in a po- or promoting elections by simply re- work better. That is the theory of this litical campaign by making any con- porting through 30-second commercials bill. tribution to a candidate at all. on their interpretation of the way in We hear a great deal about how ter- Here we live in the third century of a which candidates who hold office have ribly prejudicial in favor of incumbents Nation, the particular genius of which voted, and so all of the commercials, the present system is. But, then, why has been the accomplishment of myr- the tens of millions of dollars of com- do we wipe out the one organization iad purposes by voluntary associations, mercials we have seen in the last 6 that will always support a challenger and we are seriously considering a bill months paid for by labor unions at- in a race, the challenger’s political that says no voluntary association can tacking Members of the House of Rep- party? make a contribution to a candidate for resentatives for their votes on Medi- The Republican Party will support the Senate. care reform and the balanced budget, the challenger to a Democrat, the Our opponents can read us 1,000 opin- none of those are restricted in any way Democratic Party will support the ions of law professors to the effect that by the proposals in this bill. All that is challenger to a Republican, if they that does not violate the first amend- restricted is the ability of a candidate think that challenge is remotely via- ment, but a third grader would under- attacked by these millions of dollars ble. So this bill is not about incum- stand that it does. It is a clear abridg- effectively to respond to those attacks. bents and nonincumbents. If it were, it ment of the right of free speech. More- Now, I do not know how much value would encourage contributions to po- over, that brief comment reflects the there is in plumbing the motivations of litical parties. It would lift the restric- entire nature of this bill. Everything in the authors of the bill. Perhaps they tions on the amount of support that po- it is designed to restrict political par- feel that form of political participation litical parties can provide for its can- ticipation, to abridge the effective ought not to be restricted in any fash- didates. But, instead, it treats parties, right of free speech in the political ion. Perhaps they feel that even though if anything, as a greater evil than can- arena. But it does not restrict every- they cannot stand a political action didates themselves. one’s right of free speech in every fash- committee giving money to a can- No, this is not campaign reform. This ion. No, it discriminates among meth- didate’s campaign, that same group is a huge bureaucracy, the design of ods of political speech. It imposes se- ought to be permitted without limita- which is to abridge the freedom of vere restrictions upon candidates who, tion and without restriction to buy ad- speech of candidates for the U.S. Sen- while they may elect to stay out of the vertisements attacking candidates or ate, exactly what the first amendment system, nonetheless are severely penal- incumbents on their lifestyle or their tells Congress it may not do. ized by advantages given to their oppo- record, that that somehow or another The PRESIDING OFFICER. The Sen- nents if they repudiate this outrageous is good policy. I think, however, the ator from Kentucky is recognized. system. It not only prevents these vol- reason there is no limitation on this Mr. MCCONNELL. Mr. President, I untary associations from making any form of free speech is that they know thank my distinguished colleague from contribution but even an individual is perfectly well, the sponsors know per- Washington for an absolutely brilliant likely to be prohibited from making a fectly well that such restrictions would discourse on the impact of this bill on contribution to a candidate when that be found to be unconstitutional. And so the political process. As usual, he is candidate has reached the rather mod- they only restrict free speech where right on the mark, and I thank him for est maximum permitted under this law they think they can get away with it, his important contribution to this de- to gain certain other advantages. even though they make a situation bate. It, of all things, severely restricts as that at the present time is unfair far My friend and colleague from New a great evil political parties. For some more unfair than is the status quo. Hampshire has been on the floor for reason or another, it is based on the Mr. President, acknowledge, those some time. Mr. President, how much proposition that both the Republican who oppose this bill, that the people of time do I have remaining? and Democratic Parties are highly un- the United States by special interest The PRESIDING OFFICER. The Sen- desirable organizations that must be groups that would be benefited by hav- ator has 51 minutes remaining. severely restricted in their fundraising ing their opponents removed from the Mr. MCCONNELL. I yield 5 minutes and prevented in many cases from pro- equation and newspaper and television to the distinguished Senator from New viding support to their own candidates. editorialists who would be benefited by Hampshire. Now, while candidates have their having their views less effectively The PRESIDING OFFICER. The Sen- rights abridged, organized groups have counteracted, have created a situation ator from New Hampshire is recog- their rights abridged, individuals have where a majority of the people of the nized. their rights abridged, and political par- United States do not like the present Mr. GREGG. I thank the Senator ties have their rights abridged, whose system and want reform. This bill is from Kentucky. I also congratulate the free speech rights are not abridged by entitled ‘‘Reform,’’ and we are, there- Senator from Washington for his very this bill? Well, first, television net- fore, supposed to pass it. But we went thoughtful and concise discussion rel- works and stations and their reporters through this experience more than 20 ative to this bill. I wanted to focus on and their editorial writers can con- years ago when the present law was a narrower issue which really plays out tinue to say as much as they want to passed. Every argument that has been some of the points raised by the Sen- say and to be as biased as they wish to made here for 2 days was made then. ator from Washington. be with respect to any election cam- That present system was terrible. We I heard a prior Senator’s statement, paign, and not only are no restrictions had to have limitations. We had to cre- ‘‘This is a bill that levels the playing placed on their ability to engage in ate things called political action com- field.’’ I only perceive this as leveling those activities but the candidates who mittees in which people could engage if you perceive the north slope of some are their victims, whom they oppose, in political action. We would restore mountain in the Himalayas, Mount Ev- are not granted any ability to raise confidence in the system. erest, for example, to be level. The fact money to counteract what they may Well, Mr. President, not a single one is, this is not a leveling bill. The fact consider to be biased editorials or bi- of the desires or the goals or the prom- is, this bill, because it fails to address ased news stories. Newspapers fall into ises of those proponents has been ac- the independent expenditure issue, is a exactly the same category, whether in complished at this point, and so what bill which, were this a teeter-totter, the reports of their political writers or are we asked to do now? Back off and would have one side directly up in the June 25, 1996 CONGRESSIONAL RECORD — SENATE S6777 air and the other side directly on the Well, folks, I think it is called poli- nancing; your intention is to tilt the ground. tics. I think it is called political influ- playing field once again in favor of one We have to realize that under this ence. I think it is because the majority political group which happens to have bill one of the core elements of what I of the sponsors of this bill happen to be a significant amount of influence consider to be inappropriate activity in mostly related in their political philos- amongst the sponsors. Mr. President, I the political area, but which others ophy to the bosses of the unions here in yield back the remainder of my time. would consider to be good politics, as Washington. As a result, there is no de- Mr. FEINGOLD addressed the Chair. they are supported by it, is not ad- sire to address something which might The PRESIDING OFFICER. The Sen- dressed at all. It was in March, for ex- affront that group of political forces in ator from Wisconsin is recognized. ample, that the AFL–CIO held a rather this country, who are significant. They Mr. FEINGOLD. Very briefly, before unique convention here in Washington, have always been significant in this I turn it over to the Senator from Mas- where they voted, as an institution, to country. They have a major role to sachusetts. I, too, listened to the con- levy a special assessment on their play, and always should have a major stitutional analysis by the Senator membership, which assessment was role to play. But there is unquestion- from Washington and the strong agree- meant to raise approximately $25 mil- ably a significant issue of credibility ment by the Senator from Kentucky. lion of a $35 million goal dedicated to raised by the failure to address this The one suggested that any third grad- defeating Republicans. There was no issue. In fact, it is such a significant er would know that the PAC ban, with other purpose. It was openly stated. issue of credibility that I think it a backup provision, is unconstitu- They were going to spend $35 million brings down the whole bill, because it tional. I am sorry, but I will say one for the purpose of defeating Repub- draws the whole bill into question, as thing about that. The Senator from licans. So they had this special assess- to its integrity, as to its purpose—not Kentucky and the Senator from Wash- ment of $25 million which went out integrity, wrong word—as to its pur- ington voted for precisely that pro- against all their union membership. pose, as to its legitimacy. posal 3 years ago under the Pressler Someone took a poll of the union It could be corrected rather easily, amendment. So, apparently, at that membership, and it turns out the union actually. You could simply put lan- time they did not understand, appar- membership, at least 58 percent of the guage in which would say union mem- ently, what any third grader would un- union membership, did not realize they bers shall have the affirmative right, derstand, which is that this in fact is were going to have to pay this manda- which shall have to be confirmed or constitutional, because it provides tory fee; 62 percent of the union mem- which shall have to be—let me restate that, if the PAC ban is found unconsti- bership opposed this mandatory fee; 78 that. Union members will have to ap- tutional, there is a backup provision. percent of the union membership did prove how their dues will be spent So that entire analysis disregards their not know they had the right to get the when it comes to political actions and own voting record and their own past fee back; 84 percent would support political activity. position, which is that that is constitu- making union leaders here in Washing- The PRESIDING OFFICER. The 5 tional. ton, the big bosses, disclose exactly minutes of the Senator has expired. Mr. President, I yield up to 10 min- what their money is spent for; and only Several Senators addressed the utes to the Senator from Massachu- 4 percent thought that engaging in po- Chair. setts. litical elections was the most impor- Mr. MCCONNELL. I yield the Senator The PRESIDING OFFICER. The Sen- tant responsibility of major unions. 2 additional minutes. ator from Massachusetts is recognized. So, what we have here is an instance The PRESIDING OFFICER. The Sen- Mr. KERRY. Mr. President, thank where the AFL-CIO is going to go out, ator has 2 additional minutes. you. I thank the Senator from Wiscon- and they have the right to do this, and Mr. GREGG. I have an amendment sin. raise $25 to $35 million and spend it which proposes that: the Union Mem- Mr. President, I was really fascinated against people who they, the union bers Protection Act. It essentially says to listen to our colleague from New bosses here in Washington, do not that before union members’ dues can be Hampshire. I really never knew, but agree with. It happens that the rank spent in the manner in which these $25 now I guess the Senate has learned and file membership, to a large degree, million to $35 million are going to be something new, that the Senator from do agree with the agenda of the Repub- spent, the union member will have the Tennessee, Senator THOMPSON, and the licans here in Washington. In fact, 87 right to affirmatively approve that or Senator from Arizona, Senator percent of the union membership sup- disapprove it. In the case of disapprov- MCCAIN, are the tools of the union ports welfare reform and 82 percent of ing it, the money will not be spent. bosses. That is a rather remarkable union membership supports the bal- That will bring into the process at concept. I am sure the Senator from anced budget amendment and 78 per- least the ability of the union members Arizona will struggle, as will the Sen- cent happens to support tax reductions to avoid this tax if they decide to avoid ator from Tennessee, for years to get and the $500-per-child tax credit, all of this tax; in the process, to direct the out from under that moniker. which happen to be Republican initia- funds in a manner which they feel is I think that both that and the argu- tives, all of which are opposed by Presi- appropriate to their own political posi- ment of the Senator from Washington dent Clinton, all of which have been op- tion, not to those of a few bosses here just underscore what is really going on posed by Democratic Members. But, in Washington. here today in the U.S. Senate. Every once again, the big bosses here in the That type of correction is not in this argument that can conceivably be laid unions in Washington have decided to bill. Not only is it not in this bill, but out on the table in pretense on the assess, essentially, a tax against the were that amendment to be brought merits is really just an effort to avoid union membership, and that tax, rais- forward, this bill would be filibustered what this vote today is really about. ing $25 to $35 million, is going to be by the supporters of the bill, I suspect. This vote today is about whether or used to attack Republicans who happen Certainly, if there was a chance it was not the U.S. Senate is willing to stay to support philosophies which are sup- going to be passed, it would be filibus- here and work to produce campaign fi- ported by a majority of the union tered by the proponents of this bill. nance reform or whether it is happier membership. Why? Political interests. with the status quo. That is the vote. Yet, this bill remains silent on this So the credibility of this proposal, I It is very simple. rather significant gap in the campaign think, is highly suspect, not only sub- Eighteen months ago we could have election laws. If you were in the proc- stantively on the grounds of constitu- started doing campaign finance reform. ess of addressing campaign election tionality that was raised by Senator I think it was 12 months ago there was laws, I think by the very fact it re- GORTON, but on the grounds of the poli- a famous handshake between NEWT mains silent, you must ask: Why? Why tics of the bill, because when you leave GINGRICH and the President suggesting would such a colossal amount of money this large a gap in the issue of how you there would be a commission to deal that is going to be poured into the po- are going to reform campaign financ- with campaign finance reform. But not litical system be ignored by a bill like ing, you basically are saying your in- only did Congress not follow through this? tention is not to reform campaign fi- on the commission, as neither the S6778 CONGRESSIONAL RECORD — SENATE June 25, 1996 President nor the Speaker did, but at they go protect it when it also suits the week and see if we could engage in the last moment here we are on day their purposes. Selective constitu- a serious effort to try to deal with one one of consideration of this bill and we tionalism. of the most pressing problems facing have to have a cloture vote. That tells Any third-grader does understand America’s fledgling democracy. the whole story. that if there is a voluntary system, Mr. President, I yield back whatever This is not a serious effort to legis- purely voluntary, by which people par- time I may have to the manager of the late. This is not a serious effort to take ticipate in limits, there is no restraint bill. an amendment from the Senator from on free speech. Anybody who wants to Mr. MCCONNELL. Mr. President how New Hampshire and deal with this go out and spend their millions of dol- much time do I have remaining? problem of constitutionality or of lars and avoid accountability within The PRESIDING OFFICER (Mr. union bosses. After all, they only have the rest of the system can do so under GREGG). The Senator has 43 minutes re- 53 votes last time I counted. It seems this bill. There is no limit. maining. to me that if it is truly an issue of the If perchance there were to be some Mr. MCCONNELL. I yield to the dis- unions, that 53 Republicans are very problem with the PAC’s and constitu- tinguished chairman of the Rules Com- quickly going to be summoned to the tionality, because of the freedom of as- mittee—and we have listened to a great floor to vote against whatever union sociation, the House of Representa- many hearings this spring on this mat- advantage is being built into this bill. tives, in their bill, has an alternative. ter—I yield 10 minutes. So let us cut the charade here. This It is perfectly legitimate for us to send Mr. WARNER. Mr. President, I thank is not a serious effort to legislate. This this bill to a conference committee, the floor managers, both floor man- is, once again, the Senate’s moment of work in the conference committee, agers, and indeed my colleague from tokenism to pretend or at least ex- come up with a reasonable alternative Kentucky. As a senior member of the pose—because Senator FEINGOLD and and come back here. It is really incon- Rules Committee he sat side by side Senator MCCAIN insisted on it—that ceivable that the Republican Party, with me throughout what I am sure there are a majority of Senators here which is the majority of the U.S. Sen- will be reviewed as a very prodigious, who are unwilling to deal with the ate with 53 votes, is going to be fair, and balanced series of hearings, issue of campaign finance reform. disadvantaging itself in any amend- which I will cover, given that the Rules There is not even a serious discussion ment on the floor of the U.S. Senate, Committee has jurisdiction over this going on of an alternative. There is no because they can summon all 53 votes particular bill and like bills. alternative that has been proposed. to beat back any amendment that does This morning, however, Mr. Presi- There is no serious set of alternatives not draw away some measure of those dent, I make it very clear that while I that have been put forward to try to who are reasonable on their side. support many areas of campaign fi- say, ‘‘Well, if we don’t want to do it So this is not an effort to legislate. nance reform, and I shall address those your way, here’s a better way of doing This is an effort to procrastinate once areas, this particular bill that is before it.’’ There is no better way on the again. It is a vote on whether you de- the Senate is not one, in my judgment, table. sire to have campaign finance reform which will solve any of the problems. The Senate has been forced to bring or whether you are content to suggest Therefore, I shall be voting against it one vehicle to the floor today, one ef- that there are problems with this bill in accordance with the procedural fort, one pathetic gasp to try to sug- sufficient that we cannot even deal votes. gest that we are prepared to deal with with it on the floor or work through I will start my comments by quoting what the majority of Americans want the legislative process. from Thomas Jefferson. Virginians are us to deal with, which is the putrid I have some problems with this bill. I very proud of our heritage of freedom stench of the influence of money in do not like every component of it. I which is reflected by Mr. Jefferson, Washington that is taking away de- personally would like to see more free who said: ‘‘To preserve the freedom of mocracy from the people of the coun- time available. I think there are a the human mind * * * and freedom of try. Everybody knows it. Every poll in number of other options that we could the press, every spirit should be ready the Nation just screams it at us. work on. But I am content to live with to devote itself to martyrdom; for as Ninety-two percent of registered vot- what the majority of the U.S. Senate long as we may think as we will, and ers believe that special interest con- thinks is appropriate. I am content to speak as we think the condition of man tributions affect the votes of the Mem- have whatever advantage to our side or will proceed in improvement.’’ bers of Congress. Eighty-eight percent their side be put to the test of the leg- Jefferson’s thoughts on the first believe that people who make large islative process. That is what we are amendment reflect my own personal contributions get special favors from supposed to do. Instead, once again, the concern that our constitutional right politicians. The evidence of public dis- special interests are going to win here to speak out as individuals and as content just could not be more compel- today. Probably most likely this issue groups receive the utmost protection ling. It is now spoken in the way in will not be able to be seriously consid- as we labor as a legislative body to which Americans are just walking ered this year yet again. make badly needed reforms to our cam- away from the system. Only 37 percent I have worked on this since the day I paign finance system. turned out to vote in the last election. came here with Senator BRADLEY, Sen- The pending bill would amend our They are walking with their feet away ator BIDEN, Senator Mitchell, and Sen- campaign finance laws applicable to from what they perceive as an unwill- ator Boren. We have passed it in cer- elections to Congress. This bill, S. 1219, ingness of the Congress to deal with tain years here. But the game has been was referred to the Committee on this. played with the House so it comes back Rules and Administration some time The vote today, Mr. President, is at the last minute. Each side can ago. In addition to S. 1219, 14 other very simple. Do you want to deal with blame the other for not really being se- bills that would amend our campaign campaign finance reform or do you rious about it or for filibustering it to finance laws have also been referred to want to play the game again and be death. the committee. These bills address content and pretend that there is some In the end, Mr. President, the Amer- myriad issues and offer a variety of po- great constitutional issue? ican people lose again, because every- tential solutions to the concerns many I listened to the Senator from Wash- one knows that the budget deficit is of us have. ington raise the first amendment. My partly driven by the interests that suc- I am well aware that the calls for God, three-quarters of the people today ceed in preventing any tough choices campaign finance reform have been talking about the first amendment and from being made. Everyone knows heard for many years. I am well aware, no curbs on free speech are the first what the money chase and the money also, of the many proposals this body people to come down here and vote game in Washington is all about. We has considered over the past sessions. I against the Supreme Court’s decision would all be better off if we were to re- am also well aware these efforts were with respect to the protection of free duce that. I hope that colleagues today ultimately unsuccessful because they speech and the flag. So they choose it will come together in an effort to try did not reflect the consensus of the when it suits their purposes, and then to say, let us at least legislate through American people. It is easy to label June 25, 1996 CONGRESSIONAL RECORD — SENATE S6779 something campaign finance reform American Civil Liberties Union, Robert cannot condone. Again, to quote Mr. and immediately find support from O’Neil of the Thomas Jefferson Center Jefferson: those across this Nation, like myself, for the Protection of Free Expression, There are rights which it is useless to sur- who have a level of frustration with Archibald Cox of Harvard Law School, render to the government, and which govern- the current framework of laws. Ulti- and Frederick Schauer with the Ken- ments have yet always been found to invade. mately, however, each of those bills nedy School at Harvard. [Among] these are the rights of thinking, must stand on its own merits. I will To date, the committee has held six and publishing our thoughts by speaking or not merely vote for something called extensive hearings on campaign fi- writing. reform without being convinced that nance reform—the most extensive, I re- He made this observation in 1789, but the proposals are constitutional and peat, the most extensive hearings on despite the transformation of our coun- beneficial to our political process. this subject of campaign finance re- try and the changes in our Govern- Our committee gave careful consider- form, held here in the Senate since ment, it is as true today as it was in ation to a wide variety of issues. First, 1991. A number of conclusions were 1789. our committee heard from Senators reached, although not formally, by the A third observation is that, while re- MCCAIN of Arizona, FEINGOLD of Wis- individual Members. I shall speak for duced fee or free TV coverage and post- consin, THOMPSON of Tennessee, myself. age might serve to reduce the cost of WELLSTONE of Minnesota, FEINSTEIN of First and foremost is the overwhelm- campaigns, requirements such as these California, and BRADLEY of New Jersey. ing consensus that the PAC ban con- are not really free—they simply shift Members of the House of Representa- tained in S. 1219 is unconstitutional. the costs from candidates to postal tives also appeared before our commit- There is little doubt on this, with near users, broadcast stations, and other tee. unanimous agreement from the legal television advertisers. To the extent We then heard testimony from some experts. Mr. President, we should not candidates for political office are of the foremost experts across our Na- pass legislation in the name of reform, granted even more reduced fee postage tion on campaign finance reform, in- knowing that the Federal courts will rates than they already have, the post- cluding Prof. Larry Sabato and Prof. strike down the bill. There is always al user—virtually every American citi- Lillian BeVier from the University of the urge to try and create something zen and business—will bear the cost, Virginia; Norman Ornstein from the to throw out there and go back and tell for the Postal Service must make up American Enterprise Institute; Thomas our constituents, ‘‘Well, we handled the lost revenue from these users. Mann from the Brookings Institution; it—we handled campaign finance re- Bradley Smith from the Cato Institute; form,’’ but I personally cannot do that And, in addition to the lost revenues David Mason of the Heritage Founda- with clarity of conscience, knowing the TV broadcasters will face, there are tion; Prof. Herbert Alexander from the that there is a high likelihood that the extremely severe management prob- University of Southern California; Dr. Federal court system will strike it lems associated with S. 1219’s mandate Candice Nelson of American Univer- down. for TV stations to provide coverage of sity; Prof. Michael Malbin from the A second point: in addition to the political candidates. Not the least of Rockefeller Institute of Government; PAC ban, there are other serious con- these would be trying to offer tele- Ann McBride of Common Cause; and stitutional concerns in S. 1219. One vision time to candidates in large pop- Joan Claybrook with Public Citizen. main problem lies in the extremely ulation centers such as New York City We also heard from a number of citi- broad definitions of ‘‘independent ex- where dozens of contested elections zens who participated in campaigns by penditures’’ and educational advertis- will take place in New York, New Jer- contributing to political action com- ing which would serve to greatly re- sey, and Connecticut—you might have mittees—PAC’s—or by making dona- strict information about the can- more than 50 candidates each entitled tions to be bundled. We heard these didates. According to the Free Speech to prime time TV coverage. And this voters’ worries that their voices would Coalition which represents groups from doesn’t even consider party primaries be greatly diminished if their ability to far left to far right, ‘‘This extremely which might feature many candidates participate in PAC’s and bundling were broad definition of ‘expressed advo- per election. completely denied. In addition to these cacy’ would sweep in protected issue And, as I have noted in our hearings, witnesses, we also asked the Chairmen advocacy such as voter guides.’’ how will local politicians react if they of the Republican and Democratic Na- Perhaps even more startling, S. 1219 see candidates for Federal elections tional Committees, Mr. Haley Barbour allows the Federal Election Commis- being offered extremely cheap ads and and Mr. Donald Fowler to testify be- sion to obtain prior restraining orders mailings. If we start down this road, fore our committee. Each party official against groups it suspects might vio- how will we say no to the local sheriff testified to the need to strengthen—I late the new, broader restrictions on or other State and local politicians repeat, strengthen—not weaken the po- presently-independent political activi- who run for office? In sum, these re- litical parties and enhance their links ties. Let me emphasize this point. Fed- duced fee proposals—which are better to their State counterparts. eral bureaucrats would have the power described as cost shifting provisions— Because several of the bills before to stop—I repeat, stop—somebody from are not well thought out. More thor- the committee mandated some form of exercising their first amendment rights ough analysis and understanding of the free or reduced-fee television time and before they say or publish anything. impact they will have on the postal reduced postage rates, as S. 1219 does, One commentator called this result ‘‘a and broadcast industries and the Amer- we also heard from representatives of grotesque legislative assault on bed- ican people is necessary. the broadcast industry and parties af- rock American freedoms * * * ’’ In addition, several of the provisions fected by the health of the postal serv- The PAC and bundling bans, com- of S. 1219 could result in less informa- ice. They advised us of the impact on bined with the breadth of S. 1219’s cov- tion being available to voters. Spend- these proposals, pro and con, on their erage and restrictions on independent ing caps obviously might cause cut- operations. expenditures violate a maxim clearly backs in campaign activity, whether Further, because of my personal be- articulated by our Supreme Court in advertising, traveling, or get-out-the lief that we should not pass legislation Buckley versus Valeo when the Court vote activities. Bringing more inde- that has a high degree of likelihood of stated ‘‘The concept that government pendent expenditures under spending being struck down by the Federal court may restrict the speech of some ele- caps also could reduce the amount of system as unconstitutional, we asked a ments of our society in order to en- information that is available. This con- number of legal experts and scholars to hance the relative voice of others is cern has been voiced by others. David address the constitutionality of some wholly foreign to the first amend- Frum of the Weekly Standard stated: of the various proposals before the ment.’’ [P]olitical reformers imagine that by cap- committee, particularly the proposal Make no mistake about it, S. 1219 ping campaign spending America could to ban PAC’s. Among those comment- would severely restrict the speech of somehow purify its politics, replacing vulgar ing on the issues were Joel Gora of many of our citizens, resulting in a ter- and deceptive radio spots with lofty Lincoln- Brooklyn Law School on behalf of the rific enhancement of others. This we Douglas-style debates and serious-minded S6780 CONGRESSIONAL RECORD — SENATE June 25, 1996 presentations of positions in 30-minute un- time to raise money. This change come to support greater federal subsidization paid public service announcements on tele- would also reduce the growing tend- of our election system at the cost of their in- vision. The far likely effect of campaign ex- ency for rich candidates to use their dividual and group political involvements. penditure caps, though, would be to invite Spending limits are also enticing. Are politi- cheating and to deprive less attentive voters money to buy credibility. As discussed cians raising and spending too much money? even of what little information they now get by the eminent commentator, David Let’s pass a law against it! Yet such a stat- to guide their vote. Broder: ute may be difficult to enforce in an era This discussion of present reform All the contribution limits are accomplish- when politicians and the public seek less reg- proposals would of course be incom- ing today is to create an ever-greater advan- ulation, not more—not to mention the seri- plete without mentioning the fact that tage for self-financed millionaire can- ous, maybe fatal, problem of plugging all the didates. . . If we really want to be ruled by money loopholes (the C(4)s; Supreme Court- the Federal Election Commission a wealthy elite, fine; but it is a foolish popu- sanctioned, unlimited ‘‘independent expendi- would need a veritable army of inves- lism that insists it despises the influence of tures’’ by groups and individuals tigators and auditors to keep up with wealth, and then resists liberalizing cam- unconnected to a campaign, and so on). Once their new mandates. We know that the paign contribution limits. again, the biggest, the original, and the FEC has had difficulty winding up au- While I disagree with their proposals, unpluggable loophole is the First Amend- dits of Presidential campaigns in a ment. I commend my colleagues for making a Public financing and spending limits are timely process, and I hesitate to think commitment to this difficult issue. I both also objectionable on the basic merits: about the prospect of the FEC trying can understand their frustration in at- the right to organize and attempt to influ- to keep up with hundreds of congres- tempting to craft legislation which ence politics is a fundamental constitutional sional candidates every 2 years. might meet constitutional muster and guarantee, derived from the same First While these hearings result in the find legislative support. Their bill has Amendment protections that need to be conclusion that S. 1219 will not produce served the useful purpose of generating forcefully protected. To place draconian lim- its on political speech is simply a bad idea. the type of reform that is needed, they an extensive set of hearings on cam- also have revealed many potential re- (The call for a ban on political action com- paign finance reform and the many mittees suffers from the same defect.) forms which might be quite beneficial ideas I have mentioned. Once again, even if candidates could be to our political process without tram- Yet, the hearings which the Rules persuaded to comply voluntarily with a pub- pling on the first amendment. The Committee held will be for nought if lic financing and spending limits scheme, many experts who testified at these we proceed on S. 1219 today, in its such a solution would fail to take into con- hearings provided us with a multitude present form. We must learn from sideration the many ways that interest of proposals that should be examined these hearings. The committee should groups such as the Christian Coalition and labor unions can influence elections without more thoroughly. be permitted to proceed with its hear- I was particularly impressed by some making direct contributions to candidates. ings. The Rules Committee will hold Even if we passed laws that appeared to be of the suggestions made by Prof. Larry authorization and oversight hearings taking private money out, we would not Sabato of the University of Virginia, this coming Wednesday, June 26 on the really be doing so. This is a recipe for decep- who has been at the forefront of cam- Federal Election Commission [FEC]. tion, and consequently—once the truth be- paign finance reform and is a well-re- These hearings will include a discus- comes apparent—for still greater cynicism. nowned speaker and author on the sub- sion of some 18 recommendations that In our opinion, there is another way, one that takes advantage of both current reali- ject. I ask unanimous consent that a would update the campaign finance statement submitted by Professor ties and the remarkable self-regulating ten- laws and streamline the administration dencies of a free-market democracy, not to Sabato be printed in the RECORD at the of the campaign finance laws. In addi- mention the spirit of the age. Consider the conclusion of my remarks. tion, we are studying the possibility of American stock markets. Most government The PRESIDING OFFICER. Without holding one more hearing on the Presi- oversight of them simply makes sure that objection, it is so ordered. dential election process and reform publicly traded companies accurately dis- (See exhibit 1.) close vital information about their finances. Mr. WARNER. Professor Sabato’s suggestions that might be beneficial. After that the full extent of the com- The philosophy here is that buyers, given the main focus lies in broadening and information they need, are intelligent strengthening our disclosure laws, so mittee hearings will be made available enough to look out for themselves. There that all types of significant political to the entire Senate and to others for will be winners and losers, of course, both involvement are available for public in- study and review, with the goal that among companies and the consumers of their spection. The American people are the this educating process will produce an securities, but it is not the government’s role to guarantee anyone’s success (indeed, best judge of improper or excessive in- effective and positive reform bill. While I understand the frustration of the idea is abhorrent). The notion that peo- fluence, and it may be time to require some of my colleagues with this issue, ple are smart enough, and indeed have the greater access to information about I cannot shirk my duty with regard to duty, to think and choose for themselves, those who give to candidates for Fed- also underlies our basic democratic arrange- this legislation—it contains unconsti- eral office and those who spend more to ment. There is no reason why the same prin- tutional and unwise provisions, and we influence campaigns. Of course, we ciple cannot be successfully applied to a free should not pass this legislation into 2 would need to weigh the need for and market for campaign finance. In this sce- law. degree of privacy that should be af- nario, disclosure laws would be broadened EXHIBIT 1 and strengthened, and penalties for failure to forded to individual donors, but this is disclose would be ratcheted up, while rules clearly a subject that should be ad- TESTIMONY OF PROFESSOR LARRY J. SABATO 1 —HEARING OF THE SENATE COMMIT- on other aspects—such as sources of funds dressed in any campaign finance re- TEE ON RULES AND ADMINISTRATION, MAY 8, and sizes of contributions—could be greatly form. 1996 1 loosened or even abandoned altogether. I have been impressed with other sug- Call it Deregulation Plus. Let a well-in- PHONY CURES VERSUS A WORKABLE SOLUTION: gestions which have been raised in our formed marketplace, rather than a commit- DEREGULATION PLUS tee of federal bureaucrats, be the judge of hearings, such as: limiting the amount The campaign finance system’s problems of money a PAC can give to a can- whether someone has accepted too much are vexing. Is it possible to fashion a solu- money from a particular interest group or didate from funds raised out of State; tion to all of them simultaneously? Over the spent too much to win an election. Reform- raising the contribution limits for ini- years, the reformers’ panacea has been tax- ers who object to money in politics would tial donations to challengers to facili- payer financing of elections and limits on lose little under such a scheme, since the tate their entry into the political cam- how much candidates can spend. Public fi- current system—itself a product of reform— paign process; and permitting chal- nancing is a seductively simple proposition: has already utterly failed to inhibit special- lengers to draw a salary from their if there is no private money, presumably interest influence. (Plus, the reformers’ new there will be none of the difficulties associ- contributions. plans will fail spectacularly, as we have al- ated with private money. But in a country ready argued.) On the other hand, reform ad- Then there is the sensible suggestion such as ours, which places great emphasis on to index contribution limits for infla- vocates might gain substantially by bringing the freedoms of speech and association, it is all financial activity out into the open where tion—perhaps had this been done in the unrealistic to expect that the general citi- the public can see for itself the truth about last reforms in the 1970’s, candidates zenry or even many of the elite activists will how our campaigns are conducted. If the would have more time to debate the is- facts are really as awful as reformers con- sues and meet the voters and need less Footnotes at the end of article. tend (and as close observers of the system, June 25, 1996 CONGRESSIONAL RECORD — SENATE S6781 much of what we see is appalling), then the ‘‘nonpartisan’’ membership organizations more freedom to pick and choose their con- public will be moved to demand change. cannot be compelled to comply with cam- tributors. Given the option, we hope more Moreover, a new disclosure regime might paign finance laws, nor can groups that do candidates would turn primarily to those just prove to be the solution in itself. It is not explicitly advocate the election or defeat contributors whose support is based on val- worth noting that the stock-buying public, of a clearly identified candidate. However, ues and ideological beliefs, spurning the by and large, is happy with the relatively expert observers of the current system, such favor-seekers. By lifting disclosure and con- liberal manner by which the Securities and as former Federal Election Commission tribution levels at the same time, politi- Exchange Commission regulates stock mar- chairman Trevor Potter, believe the Court cians’ access to ‘‘clean’’ funds would rise kets. Companies and brokers (the candidates has signaled that constitutional protection while scrutiny of ‘‘dirty’’ funds would be in- and consultants of the financial world) actu- for such groups extends only to limits on creased. The idea is to concede that we can- ally appreciate the SEC’s efforts to enforce how much they can raise or spend, not to not outlaw the acceptance of special-interest vigorously what regulations it does have, whether they are required to disclose their money, but the penalties for accepting it can since such enforcement maintains public activities.4 The primary advantage of this be raised via the court of public opinion. So confidence in the system and encourages step is that it would formally bring into the at the very least, the individual contribution honest, ethical behavior, without unneces- political sphere groups that clearly belong limit should be restored to its original value, sarily impinging on the freedom of market there. By requiring organizations such as the which would make it about $2,800 in today’s players. Again, the key is to ensure the Christian Coalition and labor unions to dis- dollars, with built-in indexing for future in- availability of the requisite information for close, their role in elections can be more flation. We would actually prefer a more people to make intelligent decisions. fully and fairly debated. generous limit of $5,000, which would put the Some political actors who would rather Another possible objection to broadening individual contribution limit on a par with not be forced to operate in the open will un- the disclosure requirements would be the the current PAC limit of $5,000 per election. doubtedly assert that extensive new disclo- fear that the rules would drag a huge number For political parties, there seems little al- sure requirements violate the First Amend- of politically active but relatively incon- ternative to simply legitimizing what has al- ment. We see little foundation for this argu- sequential players into the federal regu- ready happened de facto: the abolition of all ment. As political regulatory schemes go, latory framework. Clearly, no one wants the limits. When the chairman of a national po- disclosure is by far the least burdensome and local church or the Rotary Club taken to litical party bluntly admits that millions of most constitutionally acceptable of any po- court for publishing a newsletter advertise- dollars in ‘‘soft money’’ receipts mean that litical regulatory proposal. The Supreme ment that indirectly or directly supports the committee will be able to spend millions Court was explicit on this subject in its land- candidates of their choice. To our mind, this of dollars in ‘‘hard money,’’ it is time for ev- mark 1976 Buckley v. Valeo ruling. The is easily addressed by establishing a high re- eryone to acknowledge reality. Moreover, Court found the overweening aspects of the porting threshold—something between such an outcome is not to be lamented. Po- Federal Election Campaign Act (such as lim- $25,000 and $50,000 in total election-related litical parties deserve more fundraising free- its on spending) violated the Bill of Rights, expenditures per election cycle. After all, dom, which would give these critical institu- but disclosure was judicially blessed. While the concern is not with the small organiza- tions a more substantial role in elections. disclosure ‘‘has the potential for substan- tions, but the big ones. The Christian Coali- How would the new disclosure regime tially infringing the exercise of First tion, the term limits groups, and organized work? While the FEC has already moved to Amendment rights,’’ the Court said, ‘‘there labor have all raised and spent millions of impose some tighter disclosure require- are governmental interests sufficiently im- dollars annually and operated on a national ments, it lacks the resources as currently portant to outweigh the possibility of in- scale. It is not hard to make a distinction be- constituted to enforce the new rules across fringement, particularly when the free func- tween groups such as these and benign small- the board. However, the solution does not tioning of our national institutions is in- scale advocacy. necessarily require a massive increase in volved.’’ Another necessary broadening of disclosure funding. Under a disclosure regime, the agen- The Court’s rationale for disclosure re- would involve contributions made by indi- cy could reduce efforts to police excessive mains exceptionally persuasive two decades viduals. While most political action commit- contributions and other infractions, devoting after it was written: tees already disclose ample data on their itself primarily to providing information to First, disclosure provides the electorate backers and financial activities, contribu- the public. The commission’s authority to with information ‘‘as to where political cam- tions to candidates from individuals are re- audit campaigns randomly would have to be paign money comes from and how it is spent ported quite haphazardly. New rules could restored to ensure compliance, and sanctions by the candidate’’ in order to aid the voters mandate that each individual contributor for failure to disclose would have to be in- in evaluating those who seek federal office. disclose his place of employment and profes- creased substantially. In addition, the com- It allows voters to place each candidate in sion, without exception. The FEC has al- mission should be given the power to seek the political spectrum more precisely than is ready debated a number of effective but not emergency injunctions against spending by often possible solely on the basis of party la- overly oppressive means of accomplishing political actors who refuse to comply with bels and campaign speeches. The sources of a this goal (although to date it has adopted disclosure requirements. And to move the candidate’s financial support also alert the only modest changes). The simplest solution FEC away from its frequent three-to-three voter to the interests to which a candidate is is to prohibit campaigns from accepting con- partisan deadlock, the six political party most likely to be responsive and thus facili- tributions that are not fully disclosed. Dis- commissioners (three Democrats and three tate predictions of future performance in of- closure of campaign expenditures is also cur- Republicans) ought to be able to appoint a fice. rently quite lax, with many campaign orga- seventh ‘‘tie-breaker’’ commissioner. Pre- Second, disclosure requirements deter ac- nizations failing to make a detailed state- sumably anyone agreeable to the other six tual corruption and avoid the appearance of ment describing the purpose of each expendi- would have a sterling reputation for inde- corruption by exposing large contributions ture. It would be no great task to require pendence and impartiality. Another remedy and expenditures to the light of publicity. better reporting of these activities as well. for predictable partisanship on the FEC This exposure may discourage those who The big trade-off for tougher disclosure would be a one-term limit of six years for would use money for improper purposes ei- rules should be the loosening of restrictions each commissioner. Freed of the need to ther before or after the election. A public on fundraising. Foremost would be liberal- worry about pleasing party leaders in order armed with information about a candidate’s ization of limits on fundraising by individual to secure reappointment, FEC commis- most generous supporters is better able to candidates. This is only fair and sensible in sioners could vote their consciences more detect any post-election special favors that its own right: there is a glaring disconnec- often and get tough with election scofflaws may be given in return. And . . . full disclo- tion between the permanent and artificial in both parties. sure during an election campaign tends ‘‘to limitations on sources of funds and ever- Finally, in exchange for the FEC relin- prevent the corrupt use of money to affect mounting campaign costs. One of the pri- quishing much of its police powers, Congress elections.’’ In enacting these requirements mary pressures on the system has been the could suspend much of its power over the [the Congress] may have been mindful of Mr. declining value in real dollars of the maxi- FEC by establishing an appropriate budg- Justice Brandeis’ advice: ‘‘Publicity is justly mum legal contribution by an individual to a etary level for the agency that by law would commended as a remedy for social and indus- federal candidate ($1,000 per election), which be indexed to inflation and could not be re- trial diseases. Sunlight is said to be the best is now worth only about a third as much as duced. Another way of guaranteeing ade- of disinfectants; electric light the most effi- when it went into effect in 1975. This increas- quate funding for a disclosure-enhanced FEC cient policeman.’’ 3 ing scarcity of funds, in addition to fueling is to establish a new tax check-off on Form A new disclosure-based regime, to be suc- the quest for loopholes, has led candidates 1040 that would permit each citizen to chan- cessful, would obviously require more strin- (particularly incumbents) to do things they nel a few dollars of her tax money directly to gent reporting rules. Most important, new otherwise might not do in exchange for fund- the FEC, bypassing a possible vengeful reporting rules would require groups such as ing. Perversely, limits appear to have in- Congress’s appropriations process entirely. organized labor and the Christian Coalition creased the indebtedness of lawmakers to The 1040 solicitation should carefully note to disclose the complete extent of their in- special interests that can provide huge that the citizen’s tax burden would not be in- volvement in campaigns. Currently, such amounts of cash by mobilizing a large num- creased by by his designation of a ‘‘tax gift’’ groups rely on a body of law that holds that ber of $500 to $1,000 donors. By increasing to the FEC, and that the purpose of all mon- under the First Amendment, broadly based contribution limits, candidates would enjoy ies collected is to inform the public about S6782 CONGRESSIONAL RECORD — SENATE June 25, 1996 the sources of contributions received by po- tiply available ‘‘analog’’ TV frequencies by a Mr. WARNER. Mr. President, I appre- litical candidates. It is impossible to fore- factor of about six once it is available in ciate the sentiment. I commend the cast the precise reaction of taxpayers to 1997—are creating new opportunities to im- Senator for his corporate knowledge. such an opportunity, of course, but our bet is plement an old idea. Federal Communica- Indeed, he is the Oracle of Delphi in that many more individuals would check the tions Commission chairman Reed E. Hundt box funding the Federal Election Commis- has recently endorsed the provision of free this matter. sion than the box channeling cash to the time for candidates and parties once digital Mr. MCCONNELL. I yield 5 minutes presidential candidates and political parties. TV comes into being, noting that free time to the distinguished Senator from In today’s money-glutted political system, was ‘‘not practically achievable in an analog Utah. the people’s choice is likely to be reliable in- age [but is] entirely feasible with the capac- The PRESIDING OFFICER. The Sen- formation about the interest groups and in- ity and band width explosion of the digital ator from Utah. dividuals investing in officeholders. era.’’ 10 Mr. HATCH. Mr. President, it seems In this area and others in the field of cam- to me we really cannot debate cam- CONCLUDING COMMENTS paign finance, it is time for new thinking The purpose of these reforms is to make and creative ideas to break the old partisan paign finance reform without debating regulation of campaign financing more ra- deadlocks that prevent reform of an unsatis- the way in which political funds are tional. Attempts to outlaw private campaign factory system. not only given to candidates but also contributions or to tell political actors how FOOTNOTES acquired from people. much they can raise and spend are simply 1 This is an excerpt from the just published book, Campaign contributions are usually unworkable. Within broad limits, the politi- ‘‘Dirty Little Secrets: The Persistence of Corruption donated voluntarily. You can get an in- cal marketplace is best left to its own de- in American Politics’’ (New York: Times Books), by vitation to a fundraiser or a direct vices, and when those limits are exceeded, Larry J. Sabato and Glenn R. Simpson. All rights mail solicitation, and you can decide violators would be punished swiftly and ef- reserved. fectively. 2 We are indebted to attorney Jan Baran of the law whether to contribute to that can- Regarding the pro-incumbent bias of con- firm Wiley, Rein & Fielding for this analogy. didate, cause, or party. 3 tributors, there is unfortunately no obvious Buckley v. Valeo, 424 U.S.1, at 66–7 (1976). We all consider this one of the basics 4 Interview with Trevor Potter, July 12, 1995. of American democracy. Individuals practical solution. It is impossible to predict 5 Frank Sorauf, one of the most astute students of how a deregulated system would affect the campaign finance, has raised the possibility that must support it by supporting the can- existing heavy bias toward incumbents by ‘‘voluntary funding of campaigns for public office is didates they believe in. But there are contributors, both PAC and individual. In intrinsically committed to the support of incum- people in our country for whom this truth, there may be no way to eliminate pro- bents and likely winners.’’ Frank J. Sorauf, ‘‘Com- very fundamental freedom of choice is 5 petition, Contributions, and Money in 1992,’’ in incumbent financial bias. However, it is pos- not given—members of labor unions. I sible that expanding private resources James A. Thurber and Candice J. Nelson (eds.), ‘‘Campaigns and Elections American Style’’ (Boul- through deregulation will actually end up may be one of the few ever in the his- der, Colo.: Westview Press, 1995), p. 81. tory of Congress to actually have helping challengers more than incumbents. 6 For a cogent review of the literature, see Frank A substantial body of research shows that Sorauf, ‘‘Inside Campaign Finance: Myths and Reali- earned his union card and worked in the amount an incumbent spends is less de- ties’’ (New Haven, Conn.: Yale University Press, the construction industry for 10 years. terminative of election outcomes than the 1992), pp. 215–16. There is an increasing number of It is certainly no secret that unions amount a challenger spends.6 Simply put, dissenters to this view. For instance, Christopher collect dues from their members and challengers do not need to match incumbent Kenny and Michael McBurnett argue that those who say that the level of incumbent spending has no ef- that, in many cases, an individual has spending, but need merely to reach a ‘‘floor’’ fect neglect the interrelationship of challenger and to join a union in order to be employed of financial viability. Deregulations’s great- incumbent spending in producing the outcome of the in a particular industry or with a par- est impact could actually be in helping chal- election. Incumbent spending is at least partially a ticular company. So there is no effec- lengers reach this floor. If fears about the ef- function of challenger spending, that is, when chal- fects a free market will have on competition lengers spend more, incumbents respond to the in- tive choice about paying union dues for prove warranted, however, a modest federal creased competition with greater outlays. When this these people. subsidy in the form of discounts on mail or interrelationship is taken into account, both chal- But to add insult to injury, these lenger and incumbent spending levels affect the out- broadcast time—so that every nonincumbent comes of the races; Kenny and McBurnett provide Americans, who are forced to pay candidate could at least reach the floor— empirical evidence to show the effect is statistically union dues, must also suffer the fact would seem reasonable and might be accept- significant. (See Kenny and McBurnett, ‘‘An Individ- that unions donate millions of dollars able even to some conservatives as long as it ual Level Multiequation Model of Expenditure Ef- to candidates that any individual may fects in Contested House Elections.’’ American Po- could be tied to deregulation. not support. If Deregulation Plus proves too radical, litical Science Review 88 (September 1994): 699–707). 7 The recent announcement by the perhaps it is time to revive the sensible See ‘‘Campaign Finance Reform: A report to the Majority Leader, the Minority Leader, United scheme proposed in 1990 by the U.S. Senate’s AFL–CIO that this big labor—you States Senate, by the Campaign Reform Panel,’’ would have to say now mega-labor—or- Campaign Finance Reform Panel, which at- March 6, 1990, p. 41. Coauthor Sabato was one of the tempted to bridge the gap between partisans panel’s six members, appointed by then Senate Ma- ganization would donate $35 million to on the basic issues by suggesting many jority Leader George Mitchell (Democrat of Maine) candidates this year may be welcomed ideas, including so-called flexible spending and then Senate Minority Leader Robert Dole (Re- by some—certainly all Democrats—but limits.7 These are limits on overall campaign publican of Kansas). 8 disappointing to any who may not spending by each candidate, with exemptions See Larry J. Sabato, Paying for Elections: The Campaign Finance Thicket (New York: Twentieth agree with the choices. for certain types of expenditures by political Century Fund-Priority Press, 1989), esp. pp. 25–42, 61– Take President Clinton, for example. parties (such as organizational efforts), as 64. For example, disclosure laws do not currently I daresay that there may be any num- well as small contributions from individuals cover contributions to foundations that presidential who live in a candidate’s own state. Since candidates sometimes form. These foundations often ber of union members out there who do the Supreme Court has ruled that spending pay for pre-campaign travel, and openly promote not support President Clinton’s reelec- limits must be voluntary, incentives such as their candidate-creator. tion. 9 reduced postal rates and tax credits for the The Campaign Finance Reform Panel mentioned In my view, this violation of fun- above endorsed the free broadcast time proposal in small individual donations mentioned above ibid, pp. 25–42. damental choice and freedom of speech should be offered. The flexible limits scheme 10 Remarks delivered at the Nieman Foundation, is compounded by the fact that labor represents a reasonable compromise between Harvard University, May 5, 1995, p. 7. Hundt has pro- unions do not even disclose their soft the absolute spending limits with no exemp- posed making these new frequencies available under money contributions, which amount to two government-imposed restrictions (1) some tions favored by Democrats and the opposi- millions. tion to any kind of limits expressed by Re- broadcast time must be devoted to educational pro- publicans. gramming for children, and (2) free broadcast time At this particular time, I would like Flexible limits or Deregulation Plus ought must be given to political candidates and parties. to place in the RECORD a Congressional See also Max Frankel, ‘‘Airfill,’’ New York Times Research Service report for Congress to be supplemented by free broadcast time Magazine, June 4, 1995, p. 26; and Mary McGrory, for political parties and candidates, as well ‘‘The Vaster Wasteland,’’ Washington Post, June 4, entitled ‘‘Political Spending by Orga- as strengthened disclosure laws that cover 1995, p. C1. nized Labor: Background and Current every dollar raised and spent for political Mr. MCCONNELL. Mr. President, I Issues.’’ This report is astounding. purposes.8 Detailed free-time proposals have thank my good friend, the chairman of They indicate that in Presidential elec- been made elsewhere but ignored by a Con- the Rules Committee for his excellent tions, it is estimated that from $400 to gress fearful of alienating a powerful lobby, the National Association of Broadcasters.9 statement and say again how much I $500 million in moneys go basically to Yet no innovation would do more to reduce enjoyed sitting to his right listening to the Democratic Party. campaign costs or help challengers than this the testimony this spring. Thanks for a I ask unanimous consent that that one. Fortunately, technological advances very important contribution to this report be printed in the RECORD at this such as ‘‘digital’’ television—which will mul- matter. point. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6783 There being no objection, the mate- might have at least an indirect impact on 334 labor PACs, only 8.3% of the total 4,016 rial was ordered to be printed in the those elections. PACs.11 The 1971 FECA incorporated the concept of RECORD, as follows: Another common gauge of federal PAC ac- union and corporate SSFs in federal law for tivity is the money contributed to congres- POLITICAL SPENDING BY ORGANIZED LABOR: the first time. This landmark legislation sional candidates (relatively little is given BACKGROUND AND CURRENT ISSUES also distinguished between political activi- to presidential candidates). In 1974, Labor (By Joseph E. Cantor) ties that were and were not to be federally PACs contributed $6.3 million to congres- SUMMARY regulated and thus, without using the term, sional candidates, half of the $12.5 million Labor unions have traditionally played a provided the legal basis for union (and cor- from all PACs;12 in 1994, labor PACs gave strong role in American elections, assisting porate) soft money. The Act amended 18 $40.7 million, 23% of the $179.6 million from favored candidates through their direct and U.S.C. 610 (which banned union, corporate, all PACs.13 indirect financial support, as well as through and national bank spending in federal elec- While union PACs do not play as large a manpower and organizational services. While tions) to give specific authority for these or- role among all PACs as they did 20 years ago, direct financing of federal candidates by ganizations to use their general treasury they have been able to remain competitive unions is prohibited under federal law, money for political activities. It thus ex- by giving larger donations than most PACs. unions can and do establish political action empted certain union and corporate activi- While there are far fewer labor than cor- committees (PACs) to raise voluntary con- ties from FECA definitions of ‘‘contribution’’ porate PACs, the average labor PAC con- tributions for donation to federal candidates. and ‘‘expenditure,’’ if the activities are tribution of federal candidates in 1994 was This PAC money is also known as ‘‘hard aimed at restricted classes (for unions, mem- twice the average for a corporate PAC. Given money,’’ because certain federal limits on bers and their families, and, for corpora- labor’s traditional ties with the Democratic contributions make it harder to raise. It is tions, stockholders and their families). The Party, it is not surprising that labor PAC do- also fully disclosed under federal law. Other specified activities were communications nations are largely directed the Democrats. aspects of labor’s political support take the (including partisan ones), nonpartisan reg- In 1994, for example, 96% of labor PAC con- form of ‘‘soft money,’’ which is not limited istration and get-out-the-vote drives, and tributions went to Democrats, compared by federal law and is not as hard to raise. costs of establishing, administering, and so- with 49% for corporate PACs, 60% for non- Soft money is generally considered to be a liciting contributions to an SSF. The 1976 connected (unsponsored) PACs, and 54% for formidable factor in organized labor’s politi- FECA Amendments (P.L. 94–283) recodified the trade/membership/health category.14 The cal strength. This spending is largely un- this provision as 2 U.S.C. 441b, added execu- relative political uniformity among labor regulated, either because it is restricted to tive and administrative personnel and their PACs is viewed by some as another way in seeking to influence only its members and families to corporations’ restricted class, which labor maximizes its political power. their families or because it does not advo- and allowed membership organizations, co- SOFT MONEY ACTIVITY: UNION TREASURIES cate specific candidates’ election or defeat. operatives, and corporations without capital Although there are no complete, publicly The soft money aspect of labor’s political ac- stock to set up SSFs. available data on amounts of union treasury tivity has aroused controversy because of The FECA thus created a legal framework money spent. One press account expressed a fundraising methods and the relative dearth for unions to set up PACs to raise and spend widely held view: of disclosure. money directly in federal elections, subject ‘‘Labor’s real importance to candidates, to federal regulation (hard money), and to ORIGIN OF DISTINCTION BETWEEN HARD AND though, is not so much the PAC dollars use its treasury money for specified activi- SOFT MONEY unions contribute directly to campaigns as ties aimed only at its restricted class and During World War II, the War Labor Dis- the expenditures they make from their treas- not subject to federal regulation (soft putes Act of 1943, known as the Smith- uries to lobby among their members. In each money).5 Connally Act, prohibited unions from mak- election, labor spends millions of dollars in ing contributions in federal elections.1 In CURRENT REGULATIONS advocating its preferred candidates before 1947, the Taft-Hartley Act made this wartime Under recently amended regulations, the union rank and file, but how many mil- measure permanent and expanded it to in- unions (and corporations) were acknowl- lions is unknown, and estimates vary wide- clude primary elections and any expendi- edged to have great latitude in communica- ly.’’ 15 tures in connection with federal campaigns.2 tions with their restricted classes. Under Forms of support Organized labor responded to the 1943 pro- these regulations, unions are exempt from hibition on donating union treasury money FECA definitions of ‘‘contribution’’ and ‘‘ex- Two major types of activities are financed be creating the first separate segregated penditure’’ for communications on any sub- by union treasuries which promote labor’s fund (SSF), commonly known as a PAC. ject, registration and get-out-the-vote drives political philosophy: (1) the exempt activi- Through CIO–PAC, the Congress of Indus- (not just ‘‘nonpartisan’’ efforts), and costs of ties aimed at their restricted class (as de- trial Organization established the precedent setting up, administering, and fundraising scribed); and (2) non-express advocacy com- of collecting voluntary contributions from for an SSF. Such efforts, however, may only munications aimed at the public (also re- its members, which could be dispensed to fa- be aimed at union members, executive or ad- ferred to as issued advocacy or public edu- vored candidates. Other national and local ministrative personnel, and their families.6 cation). unions followed suit: 17 national labor PACs New regulations, promulgated to imple- In the exempt activities category, unions gave $2.1 million to federal campaigns in ment the intent of various Supreme Court have a ready infrastructure (phone banks, of- 1956, and 37 such PACs spent $7.1 million in decisions,7 also introduced the standard of fice space, etc.) and a ready pool of volun- 1968.3 This money, raised and spent according express advocacy in deciding what types of teers to make their internal communica- to federal regulation, came to be known as communications are permitted by and to tions and voter drives a significant force. hard money. whom. While these efforts may only involve a re- The concept of soft money arose during the ‘‘Expressly advocating means any commu- stricted class and while corporations have several decades before the Federal Election nication that . . . uses phrases . . . which in the same rights as unions in all soft money Campaign Act (FECA) of 1971 was enacted context can have no other meaning than to activities, the Bureau of Labor Statistics [P.L. 92–225]. During that period, unions used urge the election or defeat of one or more (BLS) reports that labor’s restricted class to- money from their treasuries—as opposed to clearly identified candidate(s) . . . .’’ 8 taled 16.4 million people in 1995, plus fami- PAC money—for political activities other Communications containing express advo- lies.16 than donations in federal elections. These in- cacy are permitted by unions if limited to In terms of public education and issue ad- cluded: (1) contributions to state and local the restricted class; correspondingly, com- vocacy, unions engage in the same type of ef- candidates, where union donations were al- munications without express advocacy may forts as many other groups in the public lowed; (2) such ‘‘educational,’’ ‘‘non-par- be made to the public, if done independently arena. These often involve media ads to in- tisan,’’ activities as get-out-the-vote and of any candidate.9 fluence public opinion on policy issues. By avoiding overt appeals to elect or defeat spe- registration drives and distribution of voting HARD MONEY ACTIVITY: UNION PACS cific candidates, these groups may promote records; and (3) public service activities to Given the rising costs of elections and the their political and philosophical goals with- promote their philosophy through union higher contribution limits for PACs than in- 4 out triggering federal campaign finance reg- newspapers and radio shows. It was gen- dividuals in federal elections ($5,000 versus ulation. erally understood at that time that spending $1,000), PACs became a growing source of 17 on such activities might influence federal campaign funds in the past 20 years.10 As the Source of funding and compulsory dues issue elections less directly or overtly than can- pioneers in the PAC field, labor PACs grew Union treasuries are financed in large part didate contributions; hence, it was not sub- in both overall numbers and money contrib- through dues paid by members. In addition, ject to federal limits or disclosure rules. uted, although by both measures, they have under some union security agreements, Thus, the term soft money has come to mean been increasingly overshadowed by corporate workers who do not join a union must pay a money that is raised and spent outside the and other types of PACs. form of dues called agency fees. There are no purview of federal election law and that is When the Federal Election Commission available data on how many workers pay not permitted in federal elections, but which (FEC) first recorded PAC activity in January agency fees, but the BLS data indicate that 1975, 201 of the 608 PACs (one-third) were some 2 million workers were represented by Footnotes at end of article. labor PACs. As of January 1996, there were unions but who were not union members. S6784 CONGRESSIONAL RECORD — SENATE June 25, 1996 Some portion of these workers pay agency ‘‘multicandidate committees’’ (i.e., they must be events violated the union’s duty of fair fees as a condition of employment. registered for at least 6 months, receive contribu- tions from more than 50 persons, and donate to 5 or representation and section 8(a)(3) of Due to the compulsory nature of agency the National Labor Relations Act. fees, some workers have objected to the more federal candidates). 11 U.S. Federal Election Commission. FEC Release unions’ political uses of their payments. The Supreme Court agreed that Mr. Semi-Annual Federal PAC Count (press release): Beck and other objecting employees Among several relevant rulings, the Supreme Jan. 23, 1996. Court, in Communication Workers of America 12 Common Cause. Campaign Finance Monitoring had a right to a refund from the union v. Beck [487 U.S. 735 (1988)], said that a union Project. 1974 Congressional Campaign Finances. Vol. for the portion of their fees being used may not, over the objections of dues paying 5—Interest Groups and Political Parties. Washing- for political and other noncollective nonmember employees, spend funds collected ton, 1976. p. xii. bargaining or representational pur- 13 U.S. Federal Election Commission. 1994 PAC Ac- from them on activities unrelated to collec- poses. This decision was, of course, sig- tive bargaining. Hence, objecting employees tivity Shows Little Growth Over 1992 Level, Final FEC Report Finds (press release): Nov. 1995. nificant for its holding that unions in could get a pro rata refund of their agency 14 Ibid. the private sector are not permitted, fees representing costs of non-collective bar- 15 Brownstein, Ronald, and Maxwell Glen. Money gaining activities. in the Shadows. National Journal, v. 18, Mar. 15, over the objections of employees such While the court rulings have left no doubt 1986. p. 633. as Mr. Beck, to expand funds collected that dissenting workers are entitled to such 16 U.S. Department of Labor. Bureau of Labor Sta- from them for political and other ac- refunds if requested, issues have arisen as to tistics. Employment and Earnings, v. 43. Jan. 1996. p. tivities unrelated to collective bargain- the extent to which unions should notify 210. 17 ing. In that regard, the Beck decision such workers of these rights. On April 13, For fuller discussions of these issues, see: U.S. 1992, President Bush issued Executive Order Library of Congress. Congressional Research Serv- was a logical and reasoned follow-on to ice. ‘‘Use of Compulsory Union Dues for Political prior Supreme Court cases regarding 12800, requiring federal contractors to post and Other Ideological Purposes.’’ CRS Report 94– notices to employees informing them of 565A, by Thomas M. Durbin and Margaret Mikyung the rights of employees covered by the ‘‘Beck’’ rights; this was rescinded by Presi- Lee. Washington, 1994.; —. ‘‘Labor Controversies: Railway Labor Act to object to that dent Clinton on February 1, 1993 (Executive Suspension of Davis Bacon’’; ‘‘Open Shop Bidding portion of their dues or fees expended Order 12836). Bills have been introduced in Requirements’’; and ‘‘ ‘Beck’ Rights.’’ CRS Report for noncollective bargaining purposes. 93–458E, by Gail McCallion, Vince Treacy, and Wil- recent Congresses to either prohibit the use See Machinists v. Street, 367 U.S. 740 of ‘‘compulsory union dues’’ for political pur- liam Whittaker. Washington, 1993. 18 11 C.F.R. § 100.8(b)(4) and 104.6. (1961) and Ellis v. Railway Clerks, 466 poses or to require greater notification of all 19 U.S. Federal Election Commission. ‘‘Commu- workers’ (not just non-members’) rights re- U.S. 435 (1984). nication Cost Index.’’ July 7, 1993. The Beck decision was significant in garding the use of their dues or agency fees. 20 U.S. Department of Labor. Labor Organization Dollar value of union soft money Annual Financial Reports. Federal Register, v. 58, its affirmation (1) that the Federal no. 243, Dec. 21, 1996. p. 67595. The only soft money unions must disclose courts properly exercised jurisdiction 21 Alston, Chuck. Republicans Seek to Reduce La- over such cases as a violation of the under the FECA are express advocacy com- bor’s Clout at the Polls. Congressional Quarterly munications with members, but only when Weekly Reports, v. 48, Mar. 31, 1990. p. 963. unions’ duty of fair representation and, they exceed $2,000 per candidate, per elec- 22 Testimony of Reed Larsen (National Right To (2) that such union conduct was also tion, and excluding communications pri- Work Committee) and Professor Leo Troy (Rutgers prohibited under the National Labor marily devoted to other subjects.18 In 1992, University). U.S. Congress. House of Representa- Relations Act, enforcement of which is tives. House Oversight Committee. March 19, 1996. unions reported $4.7 million on such activi- charged to the National Labor Rela- ties.19 Mr. HATCH. Mr. President, let me re- While unions are required to file financial iterate: in my view, this violation of tions Board. reports under the Labor Management Re- fundamental choice and freedom of The rest of the system really is this. porting and Disclosure Act of 1959 (P.L. 86– speech is compounded by the fact that Regardless of what the court ruled— 257), these reports are arranged by type of labor unions do not even disclose their and it took some 8 years before the expenditure (e.g., salaries, administrative soft money contributions, which NLRB even got around to issuing its costs) rather than by functional category first ruling on a Beck-related case in (e.g., contract negotiation and administra- amounts to hundreds of millions of dol- lars. That $35 million which we have all 1995—all of the burden is being placed tion, political activities). Under President on the employee instead of on the Bush, the Department on Labor proposed been reading about in the newspapers regulations to change reporting to require is really nothing. It is almost a wash union. For an employee to be able to functional categories (October 30, 1992); in a compared to what they really spend. withdraw his or her dues and to require proposed rulemaking notice on September The unions pull in somewhere, it is es- disclosure, the employee has to go to 23, 1993, the Department, under President timated, around $4 to $6 billion a year, court, file a claim before the NLRB, Clinton, rescinded the change to functional and up to 85 percent of that money, ac- and/or has to go through all kinds of 20 categories. cording to some estimates, is used for procedural maneuvers, and basically Due to the limitations of public disclosure, has to resign from the union and lose one must look to estimates of the total value political purposes on local, State and of labor soft money. Such estimates, which Federal levels. all of that employee’s democratic amount to educated guesses and may be in- The Supreme Court, in 1988, in Beck rights to vote for or against strikes, for fluenced by the political orientation of the versus Communications Workers of or against contract ratification, et observer, range from the $20 million labor America, declared that workers were cetera. In the end, the employee is ba- supporters claim is its value in presidential entitled to know how much of their sically out of a lot of money, out of his campaigns,21 to the $400–$500 million critics dues were being directed to political power of representation, and out of his estimate for total labor soft money in a pres- uses and to receive a refund for that right to vote. Why? Simply because one idential election year.22 1 57 Stat. 167. Earlier in the century, the Tilman portion of dues paid. employee, pitted against a powerful Act of 1907 [34 Stat. 864] had banned contributions I think a brief description of the union, has sought a voice in how his or from corporations and national banks. Beck case is useful. Harry Beck was a her union dues is being spent for politi- 2 The Labor Management Relations Act of 1947; 61 telephone company technician working cal purposes. Stat. 159. 3 Alexander, Herbert E. ‘‘Financing the 1976 Elec- for the Bell Telephone System. He was I do not see how we can consider tion.’’ Washington, Congressional Quarterly Press, not a member of the Communications campaign finance reform without cor- 1979. p. 559. Workers of America, but was required recting this injustice. 4 Alexander, Herbert E. ‘‘Money in Politics.’’ Wash- to pay agency fees to the union under Nothing should be a more fundamen- ington, Public Affairs Press, 1972, 1972. p. 170; Heard, Alexander, ‘‘The Costs of Democracy.’’ Chapel Hill, the labor contract it negotiated with tal American right than political ex- University of North Carolina Press, 1960. p. 177–8. American Telephone & Telegraph Co. pression. Those Americans whose union 5 The 1976 FECA Amendments required disclosure In June 1976, 20 employees, including dues are diverted for political pur- of internal communications once they exceed $2,000, Mr. Beck, initiated a suit challenging poses—without disclosure and without the only exempt activity subject to federal disclo- sure requirements. the CWA’s use of their agency fees for an adequate rebate system—have been 6 11 C.F.R. § 114.1(a)(2)(i)–(iii) purposes other than collective bargain- treated as second-class citizens. 7 Most notably, FEC v. Massachusetts Citizens for ing, contract administration, or griev- The NLRB has not only failed to im- Life, Inc. [479 U.S. 238 (1986)]. 8 11 C.F.R. § 100.22 ance adjustment. Specifically, Mr. plement the Beck decision, but the ex- 9 11 C.F.R. § 114.3(a), (b), (c)(1) and 114.4(c)(1). (If Beck and his coworkers alleged that ecutive order issued by President Bush public communications are coordinated with a can- the expenditure of their fees on activi- was rescinded during President Clin- didate, they would constitute prohibited in-kind ties such as organizing the employees ton’s first days in office. That is amaz- contributions, regardless of content.) 10 2 U.S.C. 441a(a)(1) and (2); to be eligible for the of other employers, lobbying for legis- ing to me. If we want true campaign fi- $5,000 limit, most PACs easily meet the criteria for lation, and participating in political nance reform, why would we not clarify June 25, 1996 CONGRESSIONAL RECORD — SENATE S6785 this injustice to individual workers all story about ‘‘I am for campaign finance will be referendums in California, Colo- over America? reform but not this one,’’ and then not rado, Alaska, Arkansas, and Maine, What is even more amazing to me is vote to cut off debate because it is a and all of those referendums will be that my colleagues on the other side of filibuster, and then we cannot move sending one message: reduce the role of the aisle have fought any attempt to forward with the bill. money in politics; cut back on the role deal with this issue. Several years ago, Mr. HATCH. Mr. President, will the of money in politics. I oferred a simple and straightforward Senator yield on that point? Those referendums will be followed amendment to campaign finance re- Mr. FEINGOLD addressed the Chair. in the years to come by other referen- form that would merely have required The PRESIDING OFFICER. The Sen- dums, and maybe after another 2 or 3 that unions disclose to dues paying ator from Wisconsin. years the people in this body who like members how their dues money is Mr. FEINGOLD. Mr. President, let the status quo will change. I hope they being spent. It was defeated. me reiterate what the Senator said. It will, because I believe money and poli- It is about time that we realize that was not our idea to have a cloture vote tics today distort democracy. mega-labor unions are among the big- up front so there could not be amend- That leads to the second point. We gest—they are the biggest—special in- ments. That was the idea of the other need to confront the central issue. The terests in the electoral system, and side. That is the only way we could get central issue is Buckley versus Valeo. that their political capital was not al- the bill up for a vote. The only way to confront Buckley ver- ways given away freely. I yield 5 minutes to the distinguished sus Valeo directly is with a constitu- Unless this issue can be addressed, I Senator from New Jersey. tional amendment. do not see how we can call this cam- Mr. HATCH. Will the Senator yield The distinguished Senator from paign finance reform. It is more a con- for 10 seconds? South Carolina and I have offered such tinuation of campaign finance coer- Mr. BRADLEY. Not out of my time. an amendment for a number of years cion. The PRESIDING OFFICER. The Sen- that would say simply that the Con- Employees have a right to know how ator from New Jersey. gress and the States may limit what is much of their moneys are used for par- Mr. HATCH. If it is on our time? spent in a campaign in total and what tisan political activities with which Mr. BRADLEY. I would be prepared an individual may spend on his or her they disagree. That is what the Su- to yield on the manager’s time. own campaign. Until we take that step, preme Court said, and that ought to be Mr. MCCONNELL. Mr. President, I we are going to be constructing Rube enforced. This bill will do nothing yield the time out of my time. Goldberg types of contraptions to try about that. The PRESIDING OFFICER. The Sen- to get around the central issue, which Mr. President, I yield back whatever ator from Utah. is, money is not speech. Anybody who time I have. Mr. HATCH. Mr. President, let me believes that money is speech, in my Mr. MCCONNELL. Mr. President, I say this up front. If cloture is invoked, opinion—the Supreme Court said it yield the Senator from Colorado 2 min- that type of amendment would not be was, and, therefore, it is the law of the utes. germane and would not be permitted. If land. That is why we need to amend Mr. BROWN. I will take 1 minute. I cloture is not invoked, I intend to the Constitution. But I do not believe ask unanimous consent that the Brown bring up the amendment. that a rich man’s wallet in free-speech amendments 4108, 4109, as offered to S. The PRESIDING OFFICER. The Sen- terms is the equivalent of a poor man’s 1219, be withdrawn because they were ator from New Jersey is recognized. soapbox. We have to confront that improperly drafted. Mr. BRADLEY. Mr. President, I issue directly. Otherwise, we are going The PRESIDING OFFICER. Without think it says a lot if the Senate is not to be in these debates about antacid objection, it is so ordered. able to move forward on this good piece and bubble gum. Even that debate is a Mr. BROWN. Mr. President, I want to of legislation. I think this inability to diversion from the central issue, which indicate my highest praise and respect move forward says two things. is changing the way we now do politics for the authors of the underlying bill. I The first thing it says is that fun- in Washington, but even that issue is think they come with good intentions damental campaign finance reform will based on a confusion. and an honest bipartisan effort. I am not begin in Washington. It will begin Capitalism is different than democ- concerned about the bill. I am con- in the States. The opponents of this racy. The distinguished Senator from cerned about the prospect of us divid- bill like the status quo. They do not Kentucky said, ‘‘Well, we have to com- ing up broadcast time. It does seem to want to change the status quo. They pare antacids and bubble gum be- me that that is a taking of property have not offered an alternative. They cause’’—compared to what? I would without compensation, and I believe it have only picked at the bill. They want suggest you compare the amount of is a major flaw in the plan before us. to keep money and politics just as it is money in politics in 1980 versus the I yield the floor. today because they know how to work amount of money in politics today and Mr. FEINGOLD. Mr. President, I the system. the size of the contribution and the yield 30 seconds to the Senator from The fact is the American people have sources of the money. Arizona. a different view. I am astounded how Without question, money is distort- Mr. MCCAIN. Mr. President, not for much opposition to this bill is rooted ing democracy. And, indeed, we have the first time I have heard complaint in a kind of Washington understanding had other times in American history about the power of unions and how this of this country. The people in this where there have been distortions in bill does not address that appro- country look at elected Representa- our democracy. We have changed it by priately. It just came from the Senator tives and Senators and they think we recourse of the constitutional amend- in the chair. If do you not like it, come are controlled. They think we are con- ment. to the floor and propose an amendment trolled by special interest money. Many people will remember earlier in and do something about it. There are 53 Some think we are controlled by par- this century when women did not have votes on this side. Do not refuse to ties that blunt our independence. Some the right to vote. The absence of that move forward with the bill. If you do think we are controlled by our opposi- voice in the polling booths distorted not like the bill—everybody comes tion that prevents us from saying what democracy. We passed a constitutional down here and says, ‘‘I am for cam- we really believe and only saying amendment giving women the right to paign finance reform, but just not this things that will advance us to the next vote in order to restore a broader par- one.’’ If you are not for this one, come level of office. Some even think we are ticipation. to the floor after we invoke cloture, controlled by pollsters who give us I believe today money is playing the and propose your amendments. We focus views and phrases and para- same role. The fact of the matter is have 53 votes on this side, 47 on that graphs, that we do not think for our- that until we confront this issue, skep- side. If they share the view of the Sen- selves, saying things because we have ticism is going to be high. People say, ator from Utah, then you can amend it convictions in our heart. ‘‘Well, it is not the No. 1 issue on peo- and take care of it. But do not expect The fact is that the opponents of this ple’s minds.’’ That is true. The No. 1 the American people to accept this provision do not get it. This year there issue on people’s minds is, how do I put S6786 CONGRESSIONAL RECORD — SENATE June 25, 1996 bread on the table? How do I pay the Rhode Island—and I do not know much That’s why, more than any other utility bill? How do I send my kids to about it, what the issues are or what time in our history, the American peo- college? They are dealing with the eco- she stands for—said: ‘‘I took my race ple’s confidence in their Government nomic transformation which we are in. out of Congress because Mr. and Mrs. and its elected leaders is abysmally That is the No. 1 issue. But when they Smith can no longer be candidates of low. say, ‘‘Do any of the politicians have the Congress of the United States on Poll after poll provides ample evi- any relation to my dealing with these an average basis in their finances.’’ dence that the American people believe issues,’’ people say no, because politi- So we all know her situation. Every special interests and lobbyists have a cians are controlled by money. That is single one of us knows that the debates greater influence on our endeavors why this is a linchpin issue. around here are directly affected by it. than the will of the voters. Mr. FEINGOLD. Mr. President, I Positions people take are directly af- I believe wholeheartedly that the thank the Senator from New Jersey. fected by this issue. vast majority of those who serve in the Mr. President, I yield 3 minutes to This is not a sweeping piece of cam- U.S. Congress are well-intended and re- the distinguished Senator from Con- paign finance reform legislation, but it sponsive to the varied needs of their necticut. is the first effort we are going to have constituents. Mr. DODD. Mr. President, I thank to make a difference in this area. After However, I think I speak for many of the Senator. years of talking about it we now have my colleagues when I say it is becom- Mr. President, let us be very clear. I a chance to do something about it. ing more and more difficult to make think we all get a sense of what is Mr. President, I am general chairman that argument to the American people. going to happen here in about 3 hours of the Democratic National Commit- Because, when the American people and 45 minutes, and that is cloture, in- tee. I just want to say, while not every- look to Washington they do not always stead of being invoked, is not going to one in my party agrees with this, that see citizen-legislators who focus their be invoked. I happen to believe this is important. full energies on tackling the problems Everyone ought to understand this. This is the one opportunity we are impacting America’s working families. This is the vote. This will be your vote going to have to make a true difference Instead, they see corporate lobbyists in this Congress on campaign finance on how we wage campaigns in this working hand-in-hand with lawmakers reform. It is going to come down to country. to turn back the clock on 25 years of this. It will get obscured so much be- I plead with our colleagues on both environmental protection. cause it is a procedural vote. But how sides of the aisle. We have never had a They see special interest lobbyists you vote on this will be determined on bipartisan proposal here before. It has with unfettered access to committee how you are judged on the issue of always been partisan. This is a chance rooms drafting legislation that fails to campaign finance reform. to go on record. This is a vote on cam- keep our workplaces safe and protect The idea that we ought to reject the paign finance reform. the food we eat. Mr. President, I rise on the floor effort to invoke cloture here because When they look to Washington, they today for what I believe is a truly his- we want to make perfect the enemy of hear politicians in positions of great toric debate. power and influence bemoaning the the good, I think is a great tragedy. I As America’s elected leaders we play think it is so transparent that anyone lack of money in our political process. a critical role as guarantors and pro- They see leaders who insist that the watching this will see right through tectors of our Nation’s democratic in- political process is starving even it—to come up and say, ‘‘I don’t like stitutions. though $724 million was consumed on this aspect or that aspect,’’ therefore And with this legislation today, we House and Senate campaigns in 1994 denying the opportunity for cloture to have a unique opportunity to fulfill alone. be invoked. As I listened to our distin- that mandate as leaders—by beginning When they look to Washington they guished colleague from Utah suggest the long and arduous process of restor- see unlimited access and influence an amendment that might have some- ing the American people’s faith in their given to the fewer than 1 percent of thing to do with whether or not orga- Government and their democracy. Americans who can, and do, give more nized labor would be able to participate The McCain-Feingold bill will not than $200 a year to political campaigns. with soft money, or that independent change the American people’s seem- And, when they look out on the cam- campaigns will not be allowable in a ingly inherent cynicism toward their paign trail they see a political process postcloture environment, it is ridicu- Government overnight. dominated by candidates with deep lous on its face. That is an ongoing process—and one pockets, instead of those with new So I want to commend our colleague that should be of paramount concern to ideas. from Arizona and our colleague from every Member of this body. Whatever one may think of Steve Wisconsin for bringing this up. I am However, by reducing the role of Forbes’ ideas on the flat tax or eco- proud to be a cosponsor of it. I have be- money in our campaign system, this nomic growth, it is doubtful that most lieved for years that we had to move legislation takes a critically important Americans would know about them if directly and aggressively in this area first step toward cleaning up our politi- he were not a multimillionaire. of campaign finance reform. cal process. Consider that in his run for the Re- Mr. President, in Connecticut, it is In my view, there are few issues we publican Presidential nomination, $16,000 a week. That is what you have in Congress consider that have as over- Forbes spent $400,000 per delegate that to raise over a 6-year period every whelming and direct an impact on the he won in the Republican primaries. week, week in and week out, if you are functioning of our democracy than the Our colleague Senator PHIL GRAMM, going to be successful in taking on or laws governing how we run campaigns spent $20 million to win 10 delegates. waging an effective campaign. in this country. For many of us, cam- For Bob Dole, his victory in the Iowa We know today—quite candidly, all paigns are often the most direct means caucuses cost him about $35 a vote. of us in this Chamber know—that the by which we, as elected representa- In fact, Presidential candidates spent respective leaders of our campaign tives, communicate with our constitu- more than $138 million by the end of committees are out recruiting affluent ents. January 1996—all before a single Amer- candidates. Go out and buy a candidate But, today those lines of communica- ican voter had stepped into the voting who is well-heeled financially, and you tions are frayed by a political process booth to cast their ballot. have a pretty good candidate, someone that rewards those with money and in- Is it any wonder the American people who can write their own checks. Why fluence, rather than working families are cynical and disenchanted with seek those kind of candidates? Why? and Americans struggling to make their elected leaders? Because you understand that it is ends meet. But, the vast sums of money needed, money. It is money that allows you to Created as a Government of the peo- for even unsuccessful runs for public ante up and to get an entry fee into the ple and for the people, our Government office, are simply out of reach of the contest. today seems to operate more for the average American. There is a woman by the name of well-connected few than the country as Eighty-five years ago, former Presi- Linda Sullivan who a few weeks ago in a whole. dent Theodore Roosevelt said ‘‘the June 25, 1996 CONGRESSIONAL RECORD — SENATE S6787 Representative body shall represent all bill would allow candidates to focus Let us remember that: our democ- the people rather than any one class of less time on raising money and more racy exists for the benefit of the peo- the people * * * .’’ time on tackling the issues that truly ple—and not their elected leaders. But today, not only are we becoming affect the American people. As leaders, we must not shirk our re- more responsive to one class of citi- Now, I know some of my colleagues sponsibility to do all we can to restore zens, but the reins of leadership are in- argue that this provision of the bill that sense of trust to the American creasingly available to only a select violates the 1976 ruling that political people. The McCain-Feingold bill be- few Americans. campaign spending is a form of politi- gins that process and I believe that as Throughout my more than 21 years of cal speech, and thus protected by the a body we have a solemn responsibility public service, it has been my great first amendment. to embrace this legislation. privilege to serve the people of Con- But, this legislation imposes only Mr. FEINGOLD. Mr. President, I necticut in the U.S. Congress. voluntary limits on campaign spend- yield 30 seconds to the Senator from Every time I come to the floor of this ing. No candidate would be mandated Arizona. body I am humbled by the great men to accept them. Mr. McCAIN. Mr. President, I ask and women who came before me: Dan- In fact, no provision in this legisla- unanimous consent that in the event iel Webster, Henry Clay, Everett Dirk- tion would prevent a candidate from that cloture is invoked, that two sen, Lyndon Johnson, Richard Russell, spending as much money as they want- amendments be made in order and ger- and the list goes on. ed to. mane, one on the Beck decision and the But today in America, I genuinely However, if they chose to abide by other on allowing unlimited spending fear that the next generation of Clays, these voluntary limits, candidates on campaigns. Websters, Doles, and Byrds will be ex- could receive free television time, The PRESIDING OFFICER. Is there cluded from a process that favors the could purchase advertisements at lower objection? privileged few. rates, and could send out mail at Mr. McCONNELL. Mr. President, I This is not just partisan rhetoric. cheaper rates. have no objection. There are real Americans who are Additionally, the bill would tackle Mr. McCAIN. Mr. President, I with- being thwarted from seeking public of- the issue of millionaire candidates by draw the unanimous consent request, fice. exempting candidates from the bill’s but I want to make it clear that in the Just a few weeks ago, I read about benefits if they spend more than event that cloture is invoked, that the Linda Sullivan, president of the War- $250,000 of their own money. unanimous consent proposal made wick City Council in Rhode Island. The McCain-Feingold bill is by no would make those amendments ger- Ms. Sullivan considered seeking the means perfect. In particular, we need mane to this bill. But I withdraw the Democratic Party’s nomination for the to be sure that working people are not unanimous consent request. seat of Congressman JACK REED, who is restricted from participating in the po- The PRESIDING OFFICER. The re- running for the Senate. litical process and that grass-roots and quest is withdrawn. But, she decided against it because volunteer activities are not con- Mr. McCONNELL. Mr. President, how she simply couldn’t raise the $450,000 strained. much time remains on our side? needed to seek the nomination. However, it is an excellent place to The PRESIDING OFFICER. There And I want everyone to hear what start in reforming the means by which are 24 minutes and 23 seconds. Mr. McCONNELL. I yield to the dis- she said, because it says a lot about we fund political campaigns in this tinguished Senator from Oklahoma 5 our current campaign system. country. minutes. Unfortunately, my campaign has come face Let me clear on one point: I am not The PRESIDING OFFICER. The Sen- to face with the financial reality that gov- a Johnny-come-lately to this debate. In erns today’s politics in America. Sadly, Mr. ator from Oklahoma. 1985, I sponsored one of the first legis- Mr. INHOFE. I thank the Senator for and Mrs. Smith cannot go to Washington lative proposals to reform campaign fi- anymore. yielding. I do not think I will even take nance laws. that much time. I know time is very Now, I do not know Ms. Sullivan per- And as a Congressman, Senator, and precious right now. I have been listen- sonally. I do not know anything about now general chairman of the Demo- ing to the debate, and I am the first her ideas, her policy prescriptions or cratic party I have flourished within one to say I am not on any of the com- her capability as an effective legisla- the framework of the current system. tor. But, after 20 years of public service I mittees that deal with this, so it is not But, what I do know is that the ex- am more convinced than ever that the that I have been entrenched in this clusion of an entire segment of the pop- current approach to funding political issue. I agree with one thing the Sen- ulation from the political process campaigns in this country is broken ator from Connecticut said, and that is threatens to undermine the whole no- and desperately in need of reform. it is very transparent, the things that tion of participatory democracy in this Time after time, we have talked are going on around here. The Senator from Utah was very spe- country. about reform—particularly when it is cific and I think very articulate in the What is more, it fundamentally lim- an election year—but in the end we way that he addressed how this would its the choices of the American people have done nothing. We have appointed affect labor unions. It is my under- to politicians who, more and more, are commissions, we have proposed legisla- standing that even in the reporting as- incapable of understanding the prob- tion, we have ordered reports, analyses pects of soft money each local could lems of working class Americans. and studies, and yet in the end, it give up to $10,000 without even report- Aristotle once said that; ‘‘Democracy seems that it is just business as usual. arises out of the notion that those who Well today, I call on all my col- ing it. So let us assume that they re- are equal in any respect are equal in all leagues to chart a new course, to put port accurately and that someone who respects.’’ aside their partisan differences, to ig- says that a local says it is contributing But, when it comes to political cam- nore how this bill affects our reelection less than $10,000 is in fact correct. I am paigns in this country and the access chances and put first and foremost in not ready to accept that. But let us as- that working Americans have to their our deliberations the good of the Na- sume that is right. If you have a hun- lawmakers, those words ring hollow. tion. dred locals, you are talking about a Mind you there are no silver bullets Let us not forget that a Government million dollars. No one will ever know for ending the American people’s inher- that is viewed with suspicion and mis- where it came from. This is money that ent cynicism or feeling of trust by its own people cannot sustain is used very effectively in campaigns. disempowerment toward their govern- our Democratic institutions. So as far as I am concerned, one of ment. As Henry Clay, a former Member of the big areas that should be regulated But the legislation we are debating this body once said: is left out of this thing, and that is today is the foundation by which we Government is a trust, and the officers of labor unions. And then there is trial must begin this process of change. the government are trustees; and both the lawyers. I have to tell you that every First of all, by limiting overall cam- trust and the trustees are created for the time I run for office there are thou- paign spending, the McCain-Feingold benefit of the people. sand-dollar checks coming from all S6788 CONGRESSIONAL RECORD — SENATE June 25, 1996 over, from trial lawyers from all over reduced rate, 50 percent of the lowest ring, and there are rules that define America because I am the one who has rate. That is for us because we are in how that combat will be conducted. on his agenda a desire that I am going Congress. We are important people. We But in the case of American politics, to fulfill to see to it we have real are supercitizens—not everybody else, vast resources affect the outcome of meaningful tort reform in this country, just us. the election. Take my State. The larg- to make us competitive again. So we The arrogance in the way we are ap- est newspaper in the State is the At- have the trial lawyers out there with proaching that, saying we are entitled lanta Constitution. It has a circulation the ability to send in, on their own to things other people are not entitled of a half a million, on Sunday 750,000, contributions of $1,000 apiece, to maybe to I find to be very offensive. and they can say anything they choose six different campaigns. Maybe there Mr. President, I conclude by saying I and meddle in every political race, and are 100 of them who are out there. All agree with the Senator from Connecti- with everybody’s acknowledgment, and you have to do is look at an FEC report cut. This is transparent. The two big- even theirs, with a very biased and and you can see that they are doing it. gest offenders, the ones who contribute fixed agenda. Let me make one comment about the most to campaigns—and I would So in seeking office a candidate who PAC’s. Everyone assumes that political categorize them as organized labor and might not agree with that agenda is action committees are something evil. trial lawyers—are not going to be in- not simply dealing with his or her op- Political action committees allow hibited in any way by this bill. ponent; they are dealing with the ex- small people to get involved, people The PRESIDING OFFICER. The Sen- traneous factors—the media itself, the who are of low incomes to get involved ator’s time has expired. State’s largest daily newspaper. Why is in the process, and there is not any Mr. MCCONNELL. I thank my good it that this corporation, the Atlanta other way they can get involved. I have friend from Oklahoma for his impor- Constitution—it is a corporation, I been a commercial pilot for I guess 38 tant contribution to this debate. might add—is not restricted under years. I have been active in aviation. I Mr. President, how much time do I campaign finance? Why are their first believe that aviation makes a great have remaining? amendment rights protected but Ace contribution to the technology of aero- The PRESIDING OFFICER. The Sen- Hardware’s are not? They can say any- space and many other things, and con- ator has 19 minutes. thing they choose. They can put an edi- sequently I am supported by the Air- Mr. MCCONNELL. I yield 5 minutes torial in their editorial page every day craft Owners and Pilots Association, to the distinguished Senator from for a month. They can comment, as AOPA, 340,000 members. Each one puts Georgia. they do, on the fortunes of a political in about $5 and they do contribute to The PRESIDING OFFICER. The Sen- campaign every day. To buy an ad in people who are supportive of the indus- ator from Georgia is recognized. that paper might cost, one page, try that they believe in. Mr. COVERDELL. Mr. President, I $14,000, or a half a page $7,000. So think The NRA, they have taken a lot of thank the Senator from Kentucky for of the enormous resources that are hits recently. Who are the NRA? When his diligent and dedicated efforts to being invested in meddling or com- you sit up here, you are looking at mil- this debate for a long, long period of menting, however you want to put it, lions of dollars in Washington, but if time—probably longer than he wishes. on the outcome and fortunes of a polit- you were with me last weekend in I know it has been said many times ical race. Hugo, Cordell, Lone Grove, Sulphur, but I think everybody should see a cau- We take the candidate and draw nar- those are people who belong and they tion flag go up when the Republican row parameters around that candidate might give $5 a year because they hon- National Committee, the National Tax- in terms of how he or she can commu- estly in their hearts believe in the sec- payers Union, the National Right to nicate. ond amendment rights to the Constitu- Life Committee, the National Rifle As- Frankly, I think it is the candidate tion. I do, too. They contribute. These sociation, the American Civil liberties that should be the freest to express are not big fat cats, wealthy people. So Union, the Christian Coalition, Direct him or herself, to talk about and inter- I think to categorize PAC’s as being Marketing Assocation, National Asso- pret his or her beliefs. The idea of re- something that is evil in our society is ciation of Broadcasters, National straining that candidate’s capacity wrong. Assocation of Business PAC’s, National only enlarges the forces of those who The third thing I do not like about Education Association, the complete do not ultimately represent the peo- this legislation that is coming up, and political spectrum, all are opposed to ple—the journalists, the media. Would I will be opposing it, is the arrogance this legislation. Why? Because it is an it not be far better to let the person that is there. We have reduced postage infringement on the first amendment who is going to represent the American for us—not for you, not for anybody of the Constitution of the United people, the person who is going to rep- else but for us. Now, what happens States. It is that simple. resent the people from the good State when you reduce our postage? It is all Just moments ago I was at a hearing of Georgia, to be on equal footing with out of one fund. So other postage is where a former Presidential candidate, all these other resources? The answer going to end up going up. It is just Gov. Lamar Alexander, said it best. He to that question is yes. sheer arrogance that we should be said these efforts to regulate and re- The PRESIDING OFFICER. The time treated differently than everybody strict have left labor with full con- of the Senator has expired. else. stitutional rights of the first amend- Mr. COVERDELL. I ask for 1 addi- We passed legislation, a very good ment, political parties with full con- tional minute. bill through this Chamber at the very stitutional rights of the first amend- Mr. MCCONNELL. I yield my col- first of this Congress and that was the ment, the entire media of the United league 1 minute. bill which made us live under the same States with the full rights of the first Mr. COVERDELL. I think the Gov- laws as everybody else. All of a sudden amendment, and only one category is ernor of Tennessee said it best. The people around here are looking, point- being denied their rights under the first amendment is protective for the ing fingers, saying, should we have first amendment, and who is that? It is labor movement, for the media, for spe- done that? Here we are again, coming the candidates, the candidate for Presi- cial interest groups, and one class in right on the heels of that, saying we dent, the candidate for Senate, the can- American politics has been carved out are going to give us a benefit nobody didate for Congress. The only class for for denial of first amendment rights: else has. which we restrict first amendment the candidates. That is not appro- The Senator from Massachusetts a rights, the people who will ultimately priate. minute ago stood up and said we ought represent America are the single class I yield the floor. to have more free time on TV. Who are we carve out to deny first amendment Mr. MCCONNELL. Mr. President, I those broadcasters out there? Are they rights. say to my friend from Georgia, special all fat cats? I go around Oklahoma. We Mr. President, this kind of legisla- thanks for a superb presentation. have small stations. They are going to tion envisions a very narrow sanitized I just want to make one additional give time, and if they do not give free environment, almost like a prize fight comment to follow on. The proponents time, they are going to have to give a with two contestants inside a defined of this kind of legislation have said June 25, 1996 CONGRESSIONAL RECORD — SENATE S6789 over the years they wanted to level the this cynicism in 1994 when just 38 per- The inordinate effort required to playing field. I would say to my friend cent of all registered voters headed to raise massive amounts of money within from Georgia, he and I compete in the the polls. the strictures of contribution limits political arena in the South. In order Voters, and not money, should deter- make fundraising a continuous and to level the playing field in my State, mine election results. The money chase time consuming condition of elections. not only would you have to get a num- has gotten out of control, and voters It is also worth keeping in mind that ber of the newspapers sold to different know that big money stifles the kind of campaign finance reform cannot work kinds of owners, you would also have competitive elections that are essen- for every American unless it also to change the voter registration and tial to our democracy. The effort to works for every candidate, including history of the State in order to create raise the money needed to run for elec- minority candidates and women. Mi- a remotely level playing field upon tion ends up making it more difficult nority and women candidates currently which a person with the disability that to make needed reforms in a whole have less access to the large sums the Senator from Georgia and I share, range of areas. This system must be re- needed to run for office today than that disability of being registered Re- formed. other candidates. That financial in- publicans, so we could compete on a The effort needed to raise the aver- equity is one of the primary reasons truly level playing field. age of $4.3 million per Senate race in both women and minorities have long In fact, even the attempt to create a the last election decreases the time been under-represented in both the level playing field is constitutionally Senators need to meet their obliga- Senate and House. The spending limits impermissible. Buckley verus Valeo ad- tions to all of their constituents. Fur- in S. 1219 are very important in ad- dressed that particular issue. So I thermore, when voters see that the av- dressing their concerns, but reform will thank my friend from Georgia for a re- erage amount contributed by PAC’s to only be truly successful if it increases markable contribution to this debate. House and Senate candidates is up opportunities for candidates from all Mr. COVERDELL. I thank the Sen- from $12.5 million in 1974 to $178.8 mil- walks of life and our society. Campaign ator from Kentucky. lion in 1994—a 400-percent rise even finance reform will be counted as a The PRESIDING OFFICER. The Sen- after factoring in inflation over that failure if the numbers of women and ator from Wisconsin has 15 minutes. period—there is a perception that law- minorities in Congress goes down, rath- Mr. FEINGOLD. I yield 1 minute to makers are too reliant on special inter- er than up, under a new system. the Senator from Minnesota. ests to make public policy that serves S. 1219 attempts to level the playing The PRESIDING OFFICER. The Sen- the national interest. More and more field for all competing candidates. It ator from Minnesota. voters believe that Members of Con- establishes a voluntary system by Mr. WELLSTONE. Mr. President, it gress only listen to these special inter- which candidates who agree to limit has been my honor to work with Sen- est contributors, while failing to listen their overall spending receive certain ator FEINGOLD and Senator MCCAIN to the very constituents who put them benefits, including 30 minutes of free from the very beginning, and Senator into office. broadcast time, television and radio THOMPSON. I spoke yesterday, so I will That is part of the reason why there time at 50 percent off of the lowest unit be very brief, less than a minute. is overwhelming public support for re- rate, and reduced postage rates. The way in which big money has form. And make no mistake, there is a If a complying candidate’s non- come to dominate politics, I believe, is real public consensus that reform is complying opponent has raised or spent the ethical issue of our time. Too few needed—now. Ordinary Americans 10 percent more than the State spend- people have way too much power and want—and deserve—Government that ing limits, then the complying can- say, and the vast majority of the peo- is responsive to their needs and prob- didate can spend 20 percent more than ple in our country are not well rep- lems. The way to do that is through the spending limit and still be in com- resented. spending limits. Spending limits will pliance with the bill. If a noncomply- The standard of a representative de- make our system more open and more ing candidate raises or spends 50 per- mocracy is that each person should competitive. Spending limits can help cent more than the spending limits, count as one and no more than one. focus elections more on the issues, in- the complying candidate’s limits in- That standard is violated every day by stead of on advertising. crease 50 percent without penalty. the way in which big money dominates Unfortunately, however, for all of its Furthermore, complying candidates politics in our country today. I say to strengths, S. 1219 does not cure all the cannot spend more than the lesser of 10 my colleagues, I have worked on gift flaws of our current campaign finance percent of their spending limit, or ban. I have worked on lobby disclosure. system. The legislation has gaps, and $250,000, from their personal funds. This is the reform vote of the 104th in some areas, it has made mistakes, When a candidate declares their inten- Congress. We are just asking for an op- mistakes that deserve the Senate’s at- tion to spend more than $250,000 of per- portunity to have the debate, move the tention before this bill becomes law. sonal funds, the $1,000 contribution bill forward, and make it better. When the Senate considered cam- limit for individuals is raised to $2,000 Mr. President, to go to a commis- paign finance reform in the 103d Con- for complying candidates, and the non- sion—I say to my colleagues, do not gress, I quoted a column by David complying candidate does not qualify look for cover, because a commission Broder. He made the point that many for any of the bill’s benefits. to study the problem is not a step for- of the reforms that resonate strongly These steps represent real progress, ward, it is a great leap backward. with the public ‘‘have a common char- but the problems here are very serious, Ms. MOSELEY-BRAUN. Mr. Presi- acteristic: they would all increase the and need much more attention. Those dent, I rise today in support of the power of the economic and social elite who are independently wealthy have McCain-Feingold–Thompson bill, S. that most vociferously advocates them. unequal access to the political system, 1219. Although this bill is not the ideal And they might well reduce the influ- and if reform is to work, we have to do resolution of this complicated issue, it ence of the mass of voters in whose something about that. is clear that the time has come to re- name they are being urged.’’ Self-financing candidates are a rap- form the campaign finance architec- I think that we need to take Mr. idly growing phenomenon in our cur- ture. Broder’s warning to heart. We must be rent political system. In 1994, one can- Campaign finance reform is needed to sure that we don’t have a process that didate for the Senate spent a record restore the American people’s faith in only further empowers political elites setting $27 million, almost all of which the electoral process. Americans are that are already empowered. We want was his own money. And over the last frustrated; many believe that the cur- campaign finance reform that allows year, a Presidential candidate spent $30 rent system cuts them off from their candidates more time to talk to voters. million of his own money for the pri- Government. A recent League of Voters want to know that the system mary elections alone. Without work- Women Voters study found that one of works for ordinary Americans and not able spending limits that apply to the top three reasons people don’t vote just those few who can devote substan- every candidate, those who can break is the belief that their vote will not tial time and money to politics. They the limits by dipping into their own make a difference. We saw the result of deserve better than the present system. deep pockets will end up dominating S6790 CONGRESSIONAL RECORD — SENATE June 25, 1996 our politics, even more than is the case ever, it is actually possible to hire peo- ter in the never ending effort to reform now. Talented, but less wealthy can- ple to collect petition signatures, so the way we finance political cam- didates will have it tougher than ever. petitioning does not necessarily dem- paigns. The trend toward a Congress comprised onstrate broad support the way it used I feel like I am driving a race car disproportionately of millionaires does to. In fact, a wealthy candidate, under around a track and no matter how long a disservice to representative democ- the current state of the law, doesn’t and how far I drive, the checkered flag racy. Such trends are a very troubling have to have any broad support at all just never seems to come down. We aspect of the loss of confidence in our to gain access to the ballot, only never seem to reach the finish line. We system. This bill does not resolve that enough money to hire enough petition are never able to finish what we start. fundamental flaw. collectors. If the important govern- And, now, today, the question before Imposing spending limits on million- ment interest the Buckley Court ac- us is whether we will even be allowed aire candidates is very difficult, given knowledged is to be protected, there- to start—whether we will even be al- the Supreme Court’s decision in the fore, some limits on the use of money lowed to debate the issue of campaign case of Buckley versus Valeo, which by wealthy candidates is required. The finance reform. used a first amendment justification to use of money by wealthy candidates I have been on this track for almost invalidate a congressional attempt to has to be brought into the bill’s re- 24 years now. One of the first things I impose limits on the amount a can- forms. did as a new Senator back in 1973 was didate can contribute to his or her own Bringing self-funded candidates com- to testify before the Senate Rules Com- campaign. However, there are things pletely under the bill’s reform um- mittee on the need for campaign fi- that Congress should consider that brella is a necessary step, but another nance reform—on the need for spending might be able to bring self-funding can- area of the bill also needs another limits and public funding of congres- didates into a campaign spending lim- look—the treatment of groups such as sional campaigns; on the need for equal its regime, or at least provide enough EMILY’s List and WISH List. EMILY’s competition based on ideas, not money, disincentives so that these candidates List and WISH List have helped bring between challengers and incumbents. will no longer profit politically by women into politics. EMILY’s List and Let me tell you, I did not make many using their own resources to finance the efforts of the women’s fundraising friends. their campaign cash flow. organizations is one of the main rea- But, I believed then—and I believe as The relevant provision of the 1971 sons there are now 33 Democratic and strongly today—that campaign finance Campaign Act that was invalidated in 16 Republican women in the House, 8 reform is the single most significant Buckley provided that a Presidential women Senators instead of just 1, and thing Congress could do. candidate could spend no more than 2 Democratic women governors. The American people have come to $50,000 out of personal resources. It is EMILY’s List has energized women; believe the system has failed. The at least possible that with a much it has given more women a way to par- American people have lost faith in more generous, though not unlimited, ticipate in our political system— their leaders and in their Government. opportunity for candidates to spend women who have never participated be- The American people feel alienated and their own money, the infringement of fore. As the New York Times noted, distant from the very people who rep- individual freedom is less severe, and ‘‘alone among fund-raising organiza- resent them. perhaps not substantial as stated by tions, EMILY’s List doles out millions There are several reasons for this. the Court in Buckley. After all, it is of dollars and then seeks nothing back But, the biggest—and probably what one thing to tell a candidate that he or from its beneficiaries. Its only mission all others boil down to—is the way we she can’t spend more than $50,000 of is to get women elected to Congress fund our elections: the influence of personal money; it is quite another to and the State houses.’’ I think that money; the influence of special inter- say he or she can’t spend more than $1 kind of activity should be encouraged, ests; the influence of everyone, it million—and that the rest must be and not limited. seems, except the average middle-class raised from small contributors in order EMILY’s List has helped open up our American. to demonstrate broad political support. system; it has showed more women A middle-class American does not If candidates were required to seek that the system can work for them. I make a $1,000 contribution. A middle- and demonstrate support from a broad think that EMILY’s List is American class American does not hire a lobbyist range of individuals—an important democracy in its purest form. EMILY’s to wander the Halls of the Capitol and component of the democratic process— List should be applauded and encour- make $5,000 campaign contributions. A the Supreme Court might see the first aged, and not terminated. middle-class American does not ask a amendment issue somewhat dif- I want to conclude, Mr. President, by Congressman to hand out campaign ferently. An appropriate analogy would returning to where I began. I think contributions on the floor of the House be the laws that require candidates to that it is long past time for Congress of Representatives. obtain a certain number of signatures to reform the campaign financing sys- No. A middle-class American walks as a requirement for access to the bal- tem. This bill goes a long way toward into the voting booth on election day, lot. In other words, the reason for this making some real changes to our cur- if he or she has not been turned off by limit would not be to equalize re- rent system. It is far from perfect, but that time, and engages in the most im- sources, but to ensure that the it is a work in progress. The bill’s flaws portant exercise in a democracy. He or amounts candidates spend have some can be corrected as we move forward she casts a ballot for a person to rep- relation to breadth of support. This through the remainder of the legisla- resent them. proposal may be at least arguably con- tive process. I am therefore voting But, when it is all said and done, sistent with Buckley, since the Court today to take the next step, to invoke many middle-class Americans feel that in that case recognized that the Gov- cloture, because the bill cannot be cor- they are not being represented. They ernment has ‘‘important interests in rected if it is not considered by the have become apathetic, cynical, and limiting places on the ballot to those Senate. And if we fail to invoke clo- distrustful. And, I’m afraid this is not candidates who demonstrate substan- ture, this bill will fail. I do not want to a whim or a passing feeling. It may be tial popular support.’’ see that happen, and neither do the wrong in reality—it may be right—but In fact, it is that statement by the American people. They expect us to act it should not be taken lightly by those Court which demonstrates the flaw in on real campaign finance reform this of us in Congress. There is a major cri- the Buckley versus Valeo decision. In year. I will cast my vote to meet that sis of confidence in the American elec- the not too distant past, a candidate expectation; I hope all of my col- torate, and it puts at risk everything had to have the endorsement of a polit- leagues will do likewise and that this else we attempt to do. That is why I ical party, or have his or her own Senate will meet its duty to the Amer- believe campaign finance reform is the strong, grass roots organization in ican people to change campaign fi- crucial issue of our time. order to have the large number of peo- nance. So, Mr. President, our mission is ple it takes to gather sufficient peti- Mr. BIDEN. Mr. President, here we clear. We must restore integrity and tions to be put on the ballot. Now, how- go again, Mr. President. Another chap- confidence in the political process. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6791 And, to do that, we must have com- of Illinois who, like me, were elected to campaigns they say we need to run to prehensive campaign finance reform. make changes in the political system. win are bleeding the life out of our po- Unfortunately, today, we are not We have a very narrow window of op- litical system. Every time we go even voting on a campaign finance re- portunity today. It is narrow because through an election with expensive, form bill. This is a vote on whether we we have only a few months left in this negative campaigns, we pay a severe will be allowed to vote on the bill. And, Congress, and we have a lot of work to price in voter participation and citizen you wonder why the American people do. It is an opportunity because it is a apathy. are so sick of this system. bipartisan bill, free of taint, and Add up election, after election, after The special interests have circled the maybe—just maybe—capable of restor- election in the modern political era, wagons. They are on the warpath to ing some faith to the people. In light of and elected officials are facing a huge kill campaign finance reform. this, it is critical that we move quick- bill for accountability they may not be So, I implore my colleagues: stand ly. able to pay. I fear that once lost, citi- today with the American people. Let us I urge my colleagues to stop, look, zens may never re-engage in their take up this bill—the first bipartisan and listen. Listen to people at the cof- democratic system. campaign finance reform bill in nearly fee shops. Talk to friends, to family During this debate, I have heard Sen- a generation. Let us debate the issue. members. Walk through a neighbor- ators take issue with certain provi- And, let us decide the issue on the mer- hood. A basic, fundamental lack of sions in S. 1219. I have heard colleagues its, not on inside-the-beltway maneu- faith in Government lays at the root of question the constitutionality of vering. peoples’ concerns about the future. spending limits. I have heard them The American people demand no less. Until something dramatic happens to make the case that this bill takes the Mrs. MURRAY. Mr. President, this address public confidence in the politi- wrong approach. I have heard them past February, over 4 months ago, I cal system, we can expect the gap be- argue for reform, but not this way. took the Senate floor to announce my tween the people and their Government Mr. President, these arguments miss cosponsorship of S. 1219. As I spoke to widen. the point entirely. The upcoming vote about how unique this bill is—one of There is nothing I can think of that is not about whether you agree with the only truly bipartisan attempts to would be worse for this country; for every provision of S. 1219. It is about reform campaign laws in two decades— alienation breeds apathy, and apathy whether this Senate is willing to step I could not help thinking to myself, erodes accountability. America is the up and pass campaign reform legisla- ‘‘here we go again.’’ greatest democracy the world has ever tion this year. I have only been a Senator for a little known, and it was built on the prin- I myself am not completely satisfied over 3 years. In Senate terms, that is ciple of accountability: government of with S. 1219. The McCain-Feingold bill not very long. But I have been here the people, by the people, for the peo- is very broad, and does something long enough to see campaign finance ple. We simply must restore peoples’ about nearly every aspect of the sys- reform come up, and be killed. In the faith in their Government. tem: It restricts political action com- 103d Congress, shortly after the 1992 At the core of the problem is money mittee contributions; it imposes vol- elections, I proudly cosponsored cam- in politics. Right now the system is de- untary spending limits; it provides dis- paign reform legislation. I was eager to signed to favor the rich, at the expense counted access to broadcast media for answer the voters’ hopes for cleaner, of the middle class. It benefits the in- advertising; it provides reduced rates more thoughtful politics. cumbents, at the expense of chal- for postage; it prohibits taxpayer-fi- I watched colleagues come to the lengers. And most of all, it fuels the nanced mass mailings on behalf of in- floor, proclaim the need for reforms, special interest, inside-the-beltway cumbents during an election year; it and declare their support for good leg- machine at the expense of the average discourages negative advertising; it islation. The Senate passed that bill, S. person back home. 3, and sent it to the House. A short The average person feels like they tightens restrictions on independent time later, I saw it killed amidst par- can no longer make a difference in this expenditures; and it reforms the proc- tisan bickering, despite the mad system. Earlier this year, my campaign ess of soft money contributions made scramble of Senators wanting to be received a $15 donation from a woman through political parties. seen as leading the charge for reforms. in Washington State. She included a Mr. President, these are very strong, In the end, nothing was accom- note to me that said, ‘‘Senator MUR- positive steps, especially the ones ad- plished, and here we are today living RAY, please make sure my $15 has as dressing independent expenditures. under the same campaign system that much impact as people who give thou- Over the past few years, through the has created so much cynicism and mis- sands.’’ so-called Gingrich Revolution, we have trust among the voters. She knows what she is up against, seen an explosion of campaign spending So when I endorsed S. 1219, I thought but she is still willing to make the ef- by special interest groups, many from ‘‘here we go again’’ because I was em- fort. Unfortunately, people like her are Washington, DC, attempting to swing barking on my second attempt to re- fewer and farther between, and less elections in their own favor. These ex- form campaign laws. But this time, in- willing than ever to try to make a dif- penditures are ideologically driven, stead of thinking we could simply pass ference. often highly partisan, and serve only to a bill and send it to the White House, We see her problem when people like manipulate voters in the most sinister I knew we had our work cut out for us. Ross Perot or Steve Forbes are able to way. They corrupt our elections. They Now it is June, and the 104th Con- use personal wealth to buy their way are not disclosed, so we do not know gress will adjourn in a few months. into the national spotlight. Ninety- who makes them, and they violate the While we are only now taking up cam- nine percent of the people in America spirit of every disclosure requirement paign reform, I am still encouraged. could never even imagine making that in law today. For the first time in a long time, the kind of splash in politics. Should we If enacted as a package, all the steps Senate is considering a truly biparti- rely only on the benevolence of a few I just mentioned would make our sys- san bill. It has not been drafted by one wealthy individuals to ensure strong tem of electing Federal officials more party or another to give themselves a democracy in this country? I don’t open, competitive, and fair. I feel leg up. think that is what the Founding Fa- strongly that we must take such steps It has been drafted by a Republican thers had in mind. to re-invigorate peoples’ interest in the and a Democrat, JOHN MCCAIN and The political consultants will say electoral process, and in turn to re- RUSS FEINGOLD, because they know negative ads work, because they, store their confidence in the system. that until the two parties come to- quote, ‘‘move the numbers.’’ They will There are some provisions in S. 1219 gether and focus on common sense re- say we need to raise millions of dollars that could be problematic, however. forms we can all agree on, nothing will because that is what it takes to get a For example, the bill would require 60 get done. It is supported by thoughtful message out. percent of a candidates’ donors to re- new Senators like FRED THOMPSON of But that ignores the reality in Main side within his or her State. This Tennessee and CAROL MOSELEY-BRAUN Street America every day. The very might work fine for someone from New S6792 CONGRESSIONAL RECORD — SENATE June 25, 1996 York or California. However, it could an opportunity right now, today, to they believe that only the wealthy can put small-state candidates at a real show the voters something. We can put serve in Congress and that we are en- disadvantage, particularly if their op- pressure on the other body to act on gaged in an endless pursuit of special ponent is independently wealthy. similar legislation. We can actually interest money. While this is not true I also question the ban on PAC’s. move reform efforts forward in a credi- in all cases, I am very concerned that Under the right regulations, I believe ble way, and get something done this if we do not reform the current system PAC’s have a legitimate role in the year. soon, the fears of average Americans process, for two reasons. First, PAC’s A citizen from New Hampshire, will become real. are fully disclosed, and subject to Frank McConnell, made a good case Mr. President, we need to change the strict contribution limits. That means just the other day. He came to Wash- system and I believe that the bill of- we have a very detailed paper trail ington to push this bill, and he said if fered by Senators MCCAIN and from donor to candidate for everyone Congress wanted to, if it really wanted FEINGOLD offers us a chance to regain to see. Second, they give a voice to in- to, it could do the work and have a bill the confidence of those who sent us dividual citizens like women and work- to the President’s desk in a couple here. ers and teachers who, if not organized weeks. If cloture is invoked tomorrow, I in- as a group, might not be able to make We know the President would sign it, tend to offer two amendments to this a difference in the process. because he said so in his State of the legislation. These amendments are A serious question about PAC’s re- Union Address earlier this year. Frank contained in legislation I offered ear- mains, however: do they unfairly bene- McConnell was right: if we want to, we lier this year with my friends and col- fit incumbents at the expense of chal- can just do it. Here we are again. We leagues Senator PELL and Senator lengers? This is a legitimate question, are considering campaign reform legis- CAMPBELL, S. 1723. and one I think we should focus on lation. There is not much time left. I The first amendment requires that if closely in this debate. thank the two sponsors of this bill, a qualified candidate for Federal office Finally, I am deeply concerned about Senator MCCAIN and Senator FEINGOLD, references his or her opponent in a TV how this bill would effect organized and I urge my colleagues to step up and advertisement they must do so them- fundraising by third party groups that support the motion to invoke cloture. selves if they want to take advantage do not even lobby Congress. Groups Mr. BINGAMAN. Mr. President, I rise of the lowest unit-rate charge provided like EMILY’s List and WISH List sup- today to speak briefly on S. 1219, the to candidates for Federal office under port pro-choice women candidates of Campaign Finance Reform Act and to the Communications Act of 1934. If the both parties, though they do not actu- discuss two amendments I intend to candidate voluntarily chooses not to ally lobby Congress on legislation. offer to the bill if the Senate invokes make the reference herself, or himself, They give people of modest means cloture on the bill tomorrow. the candidate would not be eligible for like me an opportunity to compete on As a cosponsor of S. 1219, I am the lowest unit rate for the remainder the electoral playing field. For too pleased to join with my friend and col- of the 45-day period preceding the date long, this field has been dominated league from Arizona, Senator MCCAIN, of a primary or primary runoff election only by wealthy, well financed can- and my friend and colleague from Wis- or during the 60 days preceding the didates, establishment candidates, or consin, Senator FEINGOLD, in support- date of a general or special election. incumbents. In my 1992 campaign I was ing this legislation. I want to commend The candidate would, of course, con- out-spent nearly three-to-one. Without Senators MCCAIN and FEINGOLD for tinue to have access to the broadcast the support of groups like this, I would their efforts in bringing this measure station and would be able to air what- not have even been able to make the to the Senate for its consideration. ever advertisement they wish, but they race. They have been tireless champions of would not be eligible for the special By banning these groups, S. 1219 the need to reform our campaign fi- benefit that Congress has provided would send a signal to people every- nance system and I am encouraged by under the Communications Act. where: do not even think about playing the way they have worked together to The second amendment requires that this game unless you can afford the develop a bipartisan approach to a broadcasters who allow an individual price of admission. problem that has escaped solution for or group to air advertisements in sup- However, as I said a moment ago, so many years. port of, or in opposition to, a particu- this vote is not about every little de- As my colleagues know, 2 years ago I lar candidate for Federal office, allow tail. Let us remember something: this completed an expensive and negative the candidate in the case where a can- whole debate—arguments for and campaign. The only positive thing that didate is attacked, the same amount of against—comes against the backdrop of I brought from that experience was the time on the broadcast station during a campaign finance system that has time I was able to spend listening to the same period of the day. not been reformed since Watergate, the concerns of New Mexicans and Mr. President, these are not new con- over 20 years ago. Public faith in gov- traveling around the State. cepts. In the 99th Congress, Senator ernment today has sunk below what it Unquestionably, one of the most sig- Danforth offered a bill to require a was in 1974. So in spite of my personal nificant recollections I have of the broadcast station that allowed a can- concerns, I will vote to invoke cloture campaign is the enormous amount of didate to present an advertisement on the McCain-Feingold bill. And after money that I was forced to raise and that referred to her opponent without cloture is invoked, I will support spend to defend against a wealthy op- presenting the ad herself, to provide amendments that address the issues I ponent who attacked early and contin- free rebuttal time to the other can- have raised. ued with a negative campaign until the didate. Since then, other variations of Right now, we need to move forward. votes were counted. what has become known as talking People in this country want to feel That is one of the reasons why I sup- heads legislation have been incor- ownership over their elections; they port S. 1219 and why I have supported porated in overall campaign finance re- want to feel like they, as individuals, every serious attempt to fix our cam- form bills and introduced as free stand- have a role to play and can make a paign finance system. Clearly, Mr. ing bills. positive difference. Right now, for bet- President, the system is broke and In a little over a month, both na- ter or worse, not many people feel that anyone who thinks otherwise simply tional parties will be holding their con- way, and the trend is going the wrong has not looked at the facts. More and ventions. After that the race will be direction. Real campaign reform will more of our time is spent raising on, not only for the White House but be the strongest, easiest step this Sen- money, special interest groups have also for 435 House seats and 33 Senate ate could take to begin restoring peo- too much influence at the expense of seats and untold number of State and ples’ faith in the process. the individual American, and, most im- local elections. I can say in all honesty Set aside the legalistic, technical ar- portant, the American people have lost that I do not envy my colleagues here guments for a moment. Get out from confidence in their elected officials be- in the Senate, whether they are Repub- behind all the procedural maneuvering. cause they no longer believe that we lican or Democrat, because I now that Put aside partisan leanings. We have have time to listen to them. Instead they will soon be subjected to the same June 25, 1996 CONGRESSIONAL RECORD — SENATE S6793 type of negative attacks ads that I had First, we should insist on full disclo- Second, limits on campaign spending to face in my last election. Many of sure of all campaign spending, by can- would overwhelmingly benefit incum- these ads will contain misrepresenta- didates, parties and nonparties alike. bents. Congressional spending limits tions, distortions, and outright Currently, many special interest are subject to manipulation that sets untruths. A voice will appear on the groups have a huge impact on elections the spending threshold just below the television but it will not be the can- yet are not required to and don’t dis- amount that the challenger must spend didate’s. Perhaps an image will appear close anything about their political to have a legitimate shot at defeating but it will not be the candidate’s ei- spending. Full and fair disclosure will the incumbent. In testimony before the ther. Instead, the candidate will be hid- let the voters weigh the relative influ- Senate Committee on Rules and Ad- ing behind the message and that mes- ence of all who participate in the proc- ministration, Capital University law sage will undoubtedly be negative. ess. professor, Bradley A. Smith, said that Mr. President, I am told that public Second, we should place PAC’s and in the 1994 Senate elections, the suc- opinion polls show that politicians are individuals on an even footing by in- cessful challengers spent more than held in only slightly higher esteem creasing the individual contribution would be allowed under the legislation than lawyers and journalists. While limit to $5,000 and indexing it for infla- currently being debated by this body, that may be true, I know that my col- tion. This will reduce both the influ- S. 1219. Thus, the spending limits pro- leagues, regardless of their political af- ence of PAC’s and the amount of time posed in S. 1219 would have worked to filiation, are honorable men and elected officials must spend fundrais- the incumbent’s advantage in each women who care about their respective ing; case. Overall, every 1994 Senate chal- Third, we should ban the use of States and our Nation. They are also lenger who spent less than the ceiling franked mass mailings by incumbents courageous. It is not easy putting your set in S. 1219 lost; every incumbent in the calendar year of an election—al- reputation and privacy on the line to who spent less than that ceiling won. run for public office at any level. Un- though I would ban them completely; Finally, spending limits reduce the and fortunately, the negative perception ability of campaigns to speak directly Fourth, we should require candidates persists. I believe that one of the rea- to the voters, without the filter of the sons for that is the trend in today’s to raise a stated percentage, for exam- ple 60 percent, of their individual con- media. The news media does play a campaigns to attack, attack, and at- critical role in the election process, tack, to go negative early and stay tributions from people residing within their home States. but further increasing their control negative until the votes are counted. over the flow of political information As Senator Danforth noted, legislation The first amendment is the starting point for any discussion of campaign fi- is not positive reform. requiring the candidate himself to Similarly, a limitation on contribu- present ads that reference his opponent nance reform. It ensures that, among other things, citizens can participate tions, like spending limits, is inher- would serve the purpose, ‘‘to open up ently biased in favor of incumbents. In- speech, open up the ability to respond, in politics through publicly disclosed contributions to the campaigns of their cumbents with high name recognition the ability to defend oneself. In the and existing voter data bases are able case of a candidate making a negative own choosing. It also permits citizens to spend their own hard-earned dollars, to raise necessary campaign dollars, in attack, we try to improve the sense of small amounts, with far more ease responsibility and accountability by independent of any candidate, to influ- ence elections via letters to the editors than no-name challengers. Therefore, making it clear that the candidate who challengers must look to a small num- makes the attack should appear with of their local papers, pamphlets, and even television, radio, and newspaper ber of large contributors to launch a his own face, with his own voice.’’ campaign. This initial seed capital is I believe that the amendment I am advertisements. This is a precious essential for challengers to get their discussing today, just like the legisla- right to Americans. It sets us apart name and message out to the voters. tion by Senators MCCAIN and from many other countries. The limits on contributions imposed by FEINGOLD, will begin the process of re- Many, however, believe that we spend the 1974 amendments to the FECA have storing the confidence of the American too much money on this first amend- limited the ability of challengers to people in public service as an honor- ment right. Yet, given the importance of such speech, it is surprising to find raise seed capital. able endeavor and in the election proc- I believe that further restrictions on ess as one where ideas and platforms, that in the 1994 House and Senate contributions will force candidates to not the candidate’s personalities, are races, said to be among the most ex- spend more time fundraising and less debated. pensive ever, we spent roughly $3.74 per Mr. President, I would again like to eligible voter. According to columnist time meeting voters and discussing the commend my colleagues Senators George Will, this is about half as much issues. Contribution limits are a sig- nificant cause of the drain that fund- MCCAIN and FEINGOLD for their com- as Americans spend annually on yo- mitment to bringing this legislation to gurt. raising has become on a candidate’s the floor of the Senate and I hope that Simply put, Mr. President, the time. Instead, I favor placing PAC’s we will all vote tomorrow to allow de- amount of money spent in campaigns and individuals on an even footing. The bate and votes on amendments and the should not be the focus of our debate— existing $1,000 limit placed on individ- underlying legislation. The American that is not the problem. Let a well-in- uals should be raised to $5,000—the people deserve nothing less. formed public, not a Federal bureau- same level as PAC’s—and indexed for Mr. FRIST. Mr. President, I rise to crat, decide whether a candidate has inflation. The $1,000 contribution limit discuss the important issue of cam- spent too much in a campaign or has established by FECA in 1974, had it paign finance reform. I applaud the ef- accepted too much from a particular kept pace with inflation, would be forts of my colleagues on both sides of source. I believe there are significant worth approximately $3,000 today. the aisle for bringing this issue to the negative consequences to current ef- Raising the individual contribution forefront of our public policy debate. forts to reduce campaign spending. limit will help level the playing field The sole objective of any serious First, significant restrictions on the between challengers and incumbents. It campaign finance reform must be to amount of money that can be spent by will put individuals on an even par open up the political process—to make a candidate will reduce the amount of with PAC’s, reduce the time candidates it easier for more Americans to get in- information available to voters. Less need to spend raising campaign funds, volved, to have more competitive information means a less-informed and reduce the emphasis on a can- races, to increase the free exchange of electorate. That is the opposite of what didate’s personal wealth. ideas and debate, and to make our elec- we want to accomplish. More impor- Yesterday and today, I’ve heard the tions more reflective of the will of the tantly, spending limits on candidates arguments concerning other aspects of people. will merely increase the influence and the current legislation before us, name- To that end, I strongly support the power of special interests because they ly provisions that mandate free air following steps and believe they are a are not subject to spending limits and time and greatly reduced postage rates sound foundation for campaign finance aren’t required to disclose their elec- to candidates. I am opposed to those reform: tion financing efforts. provisions, however good intentioned S6794 CONGRESSIONAL RECORD — SENATE June 25, 1996 they are, because they would place a nance reform, and I urge my colleagues step further—and instituted a tougher greater burden for funding Federal to do likewise. than required gift ban—months before campaigns on the backs of American Mr. BAUCUS. Mr. President, I rise in the Congress voted. taxpayers. support of the important campaign fi- Second, we passed a comprehensive Proposals to force American busi- nance reform legislation that is before lobbying disclosure bill—eliminating nesses to give away their products free us today. the cloak of secrecy which lobbyists of charge are misplaced and run I support this legislation because I once operated under, by requiring counter to a free-market society. Ac- believe it represents the right kind of greater disclosure of lobbying activi- cordingly, I oppose attempts to man- change. While not a perfect solution, it ties by both the individuals conducting date that private broadcasters be will help put our political process back and contracting the lobbying. forced to give free air time to can- where it belongs: with the people. And Now it is time for us to take the real didates. Similarly, allowing deep dis- it will take power away from the step to win-back the public trust—it is counts in postal rates is merely a sub- wealthy special interests that all too time for us to pass a tough, fair, and sidy paid for by the general taxpayers. often call the shots in our political sys- comprehensive campaign finance re- These are not sound reforms. tem. form bill. That bill must accomplish As I mentioned earlier, strong cam- Yet, ironically, by failing to act; by three things. First, it must be strong paign finance reform should also man- failing to pass this legislation; we will enough to encourage the majority if date the complete and full disclosure of also be opening the door to change— not all candidates for Federal office to all funds that unions and other special the wrong kind of change. Our political participate. Second, it must contain interest groups spend for political ac- system will continue to drift in the the spiraling cost of campaign spending tivity. This is a critical point. We can- dangerous direction of special interest. in this country. Finally, and most im- not outlaw special interest money, but Over the years since 1971, when Con- portantly, it must control the increas- the potential penalties for accepting it gress last enacted campaign finance re- ing amounts of undisclosed and unre- can be raised via the court of public form, special interest groups support- ported soft-money that is polluting our opinion. ing both political parties have found electoral system. We are all aware of the current mul- creative new ways, some of question- REFORM MUST REDUCE COSTS OF CAMPAIGNS timillion dollar effort by organized able legality, to get around the intent Under the current campaign system, labor to spend upward of $35 million to of our campaign finance laws. Things the average cost of running for a Sen- try and buy back control of the House like soft money, independent expendi- ate seat in this country is $4 million. for the Democrats. They are getting tures, and political action committees In 1994, nearly $35 million was spent be- the money for this massive, partisan all came about as a consequence of tween two general election candidates campaign through compulsory union very well-intended attempts at cam- in California. And nearly $27 million dues, even though 40 percent of their paign finance reform. was spent in the Virginia Senate race. membership voted for Republicans in NEED FOR REFORM There are some in Congress, I believe 1994. This is an arcane subject, but it hits House Speaker NEWT GINGRICH is one, No union member should be forced to home. One of the benefits to walking who say we do not spend enough on make compulsory campaign contribu- across Montana, in addition to the campaigns in this country. tions to support any candidate or issue beautiful scenery, is that I hear what When a candidate is faced with the unless they freely choose to do so. That real people in Montana think. Average daunting task of raising $12,000 a is the foundation for our constitutional folks who do not get paid to fly to week—every week—for 6 years to meet form of government and the first Washington and tell elected officials the cost of an average campaign, quali- amendment freedoms we enjoy as citi- what they think. Folks who work hard, fied people will be driven away from zens. To be forced, as a condition of play by the rules, and are still strug- the process. If we allow ideas to take a employment to do otherwise, is wrong. gling to get by. back seat to a candidate’s ability to As unfair as this is to union mem- People are becoming more and more raise money—surely our democracy is bers, it is even more poisonous to our cynical about government. Over and in danger. political process. There is no disclosure over, people tell me they think that Let me be clear—my first choice or reporting of the sources or the ex- Congress cares more about fat cat spe- would simply be to control campaign penditures paying for these activities. cial interests in Washington than the costs by enacting campaign spending Under current law, the unions are not concerns of middle class families like limits. However, the Supreme Court, in required to file and do not file any dis- theirs, or that Congress is corrupt. Buckley versus Valeo, made what I be- closure to report these political ex- EFFECT ON THE MIDDLE CLASS lieve was a critical mistake—they penditures. This should be changed. Middle-class families are working equated money with free speech—pre- In closing, I would like to quote a longer and harder for less. They have venting Congress from setting reason- section of the 1976 decision by the Su- seen jobs go overseas. Health care ex- able State-by-State spending limits preme Court in the Buckley versus penses rise. The possibility of a college that everyone would have to abide by. Valeo decision: education for their kids diminished. I have voted several times to over- In the free society ordained by our Con- Their hope for a secure retirement turn the Buckley decision and allow stitution it is not the government, but the evaporate. Today, many believe that to Congress to set limits that everyone people—individually as citizens and can- make the American dream a reality, would have to obey. didates and collectively as associations and you have to be born rich or win the lot- WHAT’S RIGHT WITH THE BILL political committees—who must retain con- tery. Part of restoring that dream is While I must admit this bill is not trol over the quantity and range of debate on restoring confidence that the political perfect, compromise never is, it will do public issues in a political campaign. system works on their behalf, not just several crucial things to reign in cam- Our system is not perfect, and we do on behalf of wealthy special interests. paign spending. First is, that it is the need meaningful campaign finance re- I believe that this Congress has first bipartisan approach to campaign form. But, placing artificial limits on taken some small but important steps finance reform in more than a decade. spending sends the opposite message of in that direction: Second, the bill establishes a system what we should be saying. We should First, we passed a tough, fair gift ban that does not rely on taxpayers dollars not drive spending control away from to ensure that special interests are not to work effectively. candidates and parties and to special out wining and dining Members of Con- The bill encourages campaigns to ac- interests. We should not enact reforms gress and executive branch officials. cept a voluntary spending limit in ex- that will result in less information to Helping to reassure folks that individ- change for free and reduced cost access the public. We should open up the sys- uals in Government, whether you agree to television advertising, and postal tem to allow for maximum dissemina- with their policies or not, are acting in rates. tion of information and maximum ex- what they sincerely believe is the Last, the bill bans both PAC con- change of ideas and debate. I intend to country’s best interest. I am proud to tributions, and indirect soft-money work toward this type of campaign fi- say that my office has taken this one campaign spending, while at the same June 25, 1996 CONGRESSIONAL RECORD — SENATE S6795 time increasing disclosure and ac- Second, the abolition of PAC’s as we much money campaigns can spend. countability in political advertising. know them; Such proposals raise serious constitu- Every election year, in addition to Third, the creation of a strong dis- tional questions. In the case of Buckley the millions of dollars in disclosed con- incentive to super-wealthy candidates versus Valeo, the U.S. Supreme Court tributions, there are the hundreds of throwing masses of family money into held that it is unconstitutional for millions in unreported, undisclosed a campaign; Congress to limit the ability of individ- contributions spent by independent ex- Fourth, the elimination of ‘‘soft- ual candidates to spend their own penditure campaigns and issue advo- money:’’ contributions to political par- money to finance their own political cacy funded by soft-money contribu- ties for activities such as voter reg- campaigns. How is it fair, then, for tions to national political parties. istration drives and political advertis- Congress to limit the ability of can- Where out-of-State special interest ing which indirectly—but inten- didates who are not wealthy to raise groups can spend any amount of money tionally—help one particular can- campaign money? If wealthy can- they choose, none of which is disclosed, didate; didates can spend all of the money that all in the name of educating voters— I am pleased to see that this year’s they want while candidates of modest when, in fact, their only purpose is to legislation includes campaign finance means cannot, then we will soon have a influence the outcome of an election. reform ideas I initiated many years Congress made up almost exclusively More times than not the seesawing 30- ago, specifically, a limitation on the of wealthy individuals. second sound bites do more to confuse amount of personal or family funds a Still another approach is that which than to educate. wealthy candidate may contribute to is embodied by S. 1219. Under the This lack of accountability is dan- his or her own race; and a limitation McCain-Feingold bill, voluntary cam- gerous to our democracy. These inde- on the acceptance of out-of-State con- paign spending limits would be adopted pendent expenditure campaigns can say tributions. and candidates who complied with Unfortunately, this year’s legislation whatever they wish for or against a those limits would be provided with also includes deeply problematic provi- candidate, and there is little that can- free and-or sharply reduced rates of ad- didate can do—short of spending an sions. These provisions, so called vol- vertising by the news media. I do not equal or greater amount of money to untary restrictions on spending, are favor this approach because I do not refute what are often gross distortions based on the premise that spending think that Congress should compel pri- and character assasinations. caps are the solution to the problems However, as I said earlier, the bill is with our campaign system. vate entities to offer their services at not perfect. As currently written, it The taxpayers will end up helping fi- below-market rates. Therefore, I sim- fails to address critical issues in cam- nance these campaigns because by ac- ply cannot support this bill. The McCain-Feingold bill, as well as paign reform. cepting spending caps under this bill, others, also proposes the elimination of WHAT’S WRONG WITH THIS BILL candidates would receive steep dis- political action committees [PAC’s]. I I am concerned that this bill forces counts from the Federal Government have voted for this reform in the past. an unfunded mandate on television in postal rates, as well as from tele- I believe that the best way to reform broadcasters by requiring them to do- vision and radio broadcasters for adver- our system of campaign finance is to nate up to 30 minutes of free prime tising time. In addition, once can- find ways in which to encourage more time advertising air time to each can- didates exceed voluntary spending lim- participation by small donors. I am didate who abides with the limits in its, the Federal Election Commission proud to say that in my political cam- the bill. While I believe this free and [FEC] would raise the contribution paigns over the years, I have been sup- reduced cost air time is critical to en- limits for the opponents of these can- ported by many thousands of small couraging campaigns to accept spend- didates. contributors. ing limits, I don’t believe that broad- These spending caps threaten first I also strongly support the current casters should be forced to bear the en- amendment free speech rights. More- system under which congressional cam- tire burden. over, these voluntary spending limits I’m pleased that the sponsors have create burdensome new regulatory re- paigns must disclose the sources and included language to provide broad- sponsibilities and powers for the FEC. amounts of financial contributions casters with an exemption in the case If enacted, the legislation before us from all entities—large and small. I be- of economic hardship, however, it is today will create a quagmire of regula- lieve that the public has a right to this my belief that we should do more. tions making Federal campaigns even information. Last, but perhaps most importantly, more dependent upon professional cam- I believe that a responsible and this bill does not contain the strong paign strategists and lawyers, and less meaningful package of campaign fi- enough enforcement provisions that dependent upon, and more distant nance reform legislation can and are critical to ensure that individuals from, our constituents. should be developed and passed by the who promise to abide by the spending For these reasons, while I firmly be- Congress. I support that effort. limits don’t dump large sums of money lieve that we need campaign finance Mr. ABRAHAM. Mr. President, I rise into the campaign weeks or even days reform, I cannot support today’s pro- today to express my concerns regard- before the election. posed legislation in its current form. ing S. 1219, the Campaign Finance Re- Since 1985 I have fought to limit the Mr. SMITH. Mr. President, I rise in form Act of 1996, and to explain my spiraling cost of Federal elections in opposition to S. 1219, the Senate Cam- vote against the cloture petition. this country by cosponsoring five dif- paign Finance Reform Act of 1996. Let me begin by stating that I sup- ferent campaign finance reform propos- There are several major campaign fi- port campaign finance reform. How- als, as well as supporting efforts to nance proposals that are now being ever, the reform we need is not to be amend the Constitution to allow the considered by the Congress. I am found in S. 1219. In my view, the big- Congress to set reasonable spending pleased to offer my views on each of gest problem with the way our political limits. them. campaigns are financed is that it gives I remain committed to this cause and The most far-reaching campaign fi- rise to the perception that special in- will do everything in my power to en- nance reform proposals involve the tax- terest donations are dominating the sure that the Congress passes meaning- payer financing of congressional cam- political agenda. Indeed, many Ameri- ful campaign finance reform, this year. paigns. I do not favor that approach. I cans believe that special interest Mr. DOMENICI. Mr. President, those do not think that liberal Democratic money is the source of great corruption who follow campaign finance reform taxpayers should be forced to finance in our political campaign system. are well aware of my thoughts on this my political campaigns any more than While we should try to address this issue. I have long advocated four very conservative Republican taxpayers problem statutorily, I feel it is unnec- straightforward and specific changes in should be forced to finance the cam- essary to wait for legislation before reforms in campaign finance law: paigns of liberal Democratic politi- those of us concerned act. To that end, First, a flat-out prohibition on House cians. when I ran for the Senate in Michigan and Senate candidates raising money Other campaign finance proposals in 1994, I personally imposed my own outside their home State; have sought to place limits on how limits on the amounts I would accept S6796 CONGRESSIONAL RECORD — SENATE June 25, 1996 from both out-of-State sources and po- communicate with the voters. For pect of this enhanced federal power had driv- litical action committees, and they these reasons, I have voted against clo- en groups as disparate as the American Civil were as strong or stronger than those ture and look forward to advancing my Liberties Union and the American Nurses’ Association to oppose the bill. in S. 1219. I lived up to that pledge and own legislation in the future. The desire to police politics better by mak- still won my seat. Mr. MCCONNELL. Mr. President, I ing the federal government a meaner watch- Now I recognize that not everyone have just been handed two very timely dog with a longer leash is based on flawed will disarm unilaterally, so I do believe additions to this debate: an editorial in premises. The first is that the influence of we must seek to achieve a similar out- today’s Wall Street Journal entitled money in politics is excessive and out of con- come legislatively. Unfortunately, S. ‘‘Muzzling Campaign Speech’’ and a trol. In fact, House and Senate races, which 1219 is overly broad and, if anything, letter dated today from the American unlike Presidential races don’t rely partly likely to tilt the field even further in Civil Liberties Union noting in some on public financing, saw about $700 million the direction of special interest influ- spent on them in 1994. As George Will has detail their many objections to the pointed out, that’s about half of what Ameri- ence. McCain-Feingold bill. cans spend on yogurt every year. In my view the central question we I would note for the benefit of those What is excessive in politics is not the must address in reforming campaign fi- who persist in mischaracterizing the money spent, but the amount of political nancing is ‘‘whose voice shall be heard proposed spending limits as ‘‘vol- power that government in our time has to di- during the campaign?’’ The proposals untary’’ that the first point in the rect economic outcomes and regulate behav- set forth in S. 1219 would have the iron- ACLU letter is the emphatic assertion ior. Given that Congress can either put ic effect of limiting the speech of the that they, in fact, are not. The bill whole industries at risk or hand them a sub- candidate while expanding the speech sidized bonanza, what’s surprising is that would severely handicap a noncomply- more money isn’t spent trying to influence of the special interest groups. The pro- ing candidate relative to a complying the people running for Congress. The reform- posed legislation would encourage can- candidate so there really would be no ers, especially inside the Beltway, give the didates to abide by certain expenditure choice other than to comply. At this clear impression that the government is so limits, thereby restricting their ability point, I ask unanimous consent that indisputably virtuous in its every mandate to communicate with the voters. Con- the ACLU letter and the Wall Street that private parties should bow before it, versely, the legislation does little to Journal article be printed in the rather than spend money to defend them- selves, an effort almost always seen by the curb the ability of special interest RECORD. For the benefit of colleagues groups to spend their money independ- Beltway as the work of non-virtuous ‘‘special who have not yet read the editorial I interests.’’ ently of any restrictions. This allows would note that the closing sentence The second mistaken premise behind cam- interest groups to define the central is- captures the essence of the bill before paign reform is that the country is clamor- sues of the campaign. It forces can- us today: ‘‘The Senate should vote ing for it. We’re told, for instance, that 1992 didates to follow the lead of these in- down the McCain-Feingold bill before Perot voters will have the heads of elected terest groups, preventing the voters it does to American democracy what officials on a platter if they don’t crack from hearing directly from the can- Clinton-Care would have done to medi- down on campaign cash. But there is little didates and judging for themselves evidence of that. A Tarrance Group survey in cine.’’ April found that just one voter out of a thou- which candidate has the proper posi- There being no objection, the mate- sand identifies campaign reform as the coun- tions and the proper priorities. rial was ordered to be printed in the try’s most pressing problem. Voters are jus- I believe that the solution begins RECORD, as follows: tifiably skeptical of political reforms pro- with limiting the amount of out-of- [From the Wall Street Journal, June 25, 1996] posed by incumbent politicians. State/district contributions and PAC This is not to say that nothing can be MUZZLING CAMPAIGN SPEECH donations as I did in my own campaign. done. We are attracted by the realistic ideas Some 20 years after Congress first re- of Larry Sabato and Glenn Simpson in their By limiting out-of-State/district con- stricted campaign speech, the Senate will tributions we can address the percep- new book ‘‘Dirty Little Secrets.’’ They con- vote today on a campaign finance proposal clude that individual limits on campaign tion that House and Senate Members that suggests the way to correct the prob- contributions, which haven’t been indexed are not primarily focused on the prior- lems those misguided ‘‘reforms’’ have cre- for inflation in 22 years, should be raised and ities of their own constituents. Simi- ated is with more restrictions. We don’t a regime of full disclosure on all political larly, by placing a limit on the amount think so. spending should be created. That will let the of PAC contributions a candidate may To the government goo-goos, led by Com- voters both hear from candidates other than receive, we can address the concern mon Cause, money is the root of all evil in incumbents and let them weigh the relative politics and should be pulled out regardless influence of everyone participating in the that public officials are unduly influ- of the cost or the Constitution. They have enced by special interest groups. process. convinced GPO Senator John McCain and The current effort at campaign finance re- Mr. President, I am also concerned Democrat Russ Feingold to propose a bill form has a lot in common with the failed about provisions in S. 1219 which shift that would pass out subsidies for low-cost Clinton health-care plan, which sought to resources from the private sector to mail and television advertising to candidates ‘‘fix’’ the problems created by government the candidates. These provisions, in ef- who abide by ‘‘voluntary’’ spending limits. involvement in health care by having the fect, allow candidates to do as they This is public financing under another guise. government micromanage the entire health please with other people’s involuntar- Subsidizing the mailing of more campaign care sector. The Senate should vote down the literature alone could cost $100 million, McCain-Feingold bill before it does to Amer- ily extracted money. The idea that tax- money the Postal Service would have to re- payers, through special postage rates, ican democracy what ClintonCare would cover by raising rates for other customers. have done to medicine. should subsidize complying campaigns, Having created a permanent entitlement seems to me wrong. And, just as the to cut-rate campaign ads, the goo-goos would AMERICAN CIVIL LIBERTIES UNION, taxpayers should not be obligated to fi- then ban contributions from political action New York, NY, June 25, 1996. nance someone else’s political speech I committees. Advocacy organizations from Dear Senator: feel it inappropriate to extract such Emily’s List on the left to the Christian Coa- The American Civil Liberties Union had subsidies from the owners of broadcast lition on the right would see their activities the privilege of testifying before the Senate scrutinized by the Federal Election Commis- Rules Committee on February 1, 1996 and at entities. sion, which lately has seen one after another Mr. President, I believe that cam- that time we elucidated our objections to the of its edicts struck down by the courts. ‘‘reform’’ proposals set forth in the Feingold- paign finance reform should focus on In 1976 the Supreme Court ruled in Buckley McCain bill, S. 1219. Throughout the current limiting PAC and out-of-State/district v. Valeo that political contributions and Senate debate, our opposition has been re- money. I have codified these limits in spending are the equivalent of political peatedly referenced. Rather than reiterate my own campaign finance reform bill speech. Giving the FEC more control over all of our objections in detail in this letter, which I believe has the effect of per- politics will limit speech. The McCain- I encourage you to read the testimony pre- mitting candidates to speak freely Feingold bill would cede authority to the pared on our behalf by Professor Joel Gora, while curbing the influence of special FEC over any ‘‘expression of support for or of the Brooklyn Law School. opposition to a specific candidate’’ and per- Congress is endeavoring to reform current interest and out-of-State moneys. In mit it to block such expression with an in- campaign finance laws and regulations in an contrast, S. 1219 permits the increased junction if the agency believes there is a effort to reduce the perceived adverse impact influence of special interest money ‘‘substantial likelihood that a of monetary contributions on federal elec- while curbing candidates’ ability to violation . . . is about to occur.’’ The pros- tions. The call for reform is also punctuated June 25, 1996 CONGRESSIONAL RECORD — SENATE S6797 by cries of corruption. If there is corruption would encompass the kind of essential issue groups, yet it does nothing to limit the then Congress does have the obligation to advocacy which Buckley has held to be com- use of labor union dues for political correct systemic problems, and to ensure pletely immune from government regulation purposes. that the Federal Election Commission is ex- and control. Finally, there are unintended con- ercising fair and consistent enforcement of The bill so broadly defines ‘‘coordination’’ the existing laws. But influence is not syn- that virtually an individual who has had any sequences of well-intentioned reform. onymous with corruption, and labeling cer- interaction with a candidate or any cam- After all, the present system we are at- tain monetary contributions as such perpet- paign officials, in person or otherwise, is tempting to change is a product of ear- uates notions of corruption that have not barred from making an independent expendi- lier ‘‘reforms’’ from the post Watergate been, in our view, adequately borne out by ture. A disaffected campaign worker or vol- years. the hearings before the Senate Rules Com- unteer for example, who leaves the campaign Mr. President, specifically, I have mittee. because he or she thinks a candidate has concerns that spending limits function While rooting out corruption is a worth- acted improperly, is barred from making as an incumbent protection act. Fur- while objective, S. 1219 goes much further independent expenditures against the can- ther, the spending limits aid those than merely attempting to eliminate per- didate, for, ironically, they will be deemed a ceived corruption. Current proposals before contribution. without a primary. Look at the recent the Senate dramatically change the rules The bill gives unacceptable new powers of Presidential election. Senator Dole concerning financing of federal campaigns in political censorship to the Federal Election spent the maximum to get the GOP ways that do greater harm to civic participa- Commission. The FEC would be permitted to nomination—and is now virtually out tion in the federal electoral process than go to court and seek an injunction on the al- of money with respect to the spending good. Most importantly S. 1219 directly vio- legation of a ‘‘substantial likelihood that a limits. lates First Amendment guarantees of free- violation . . . is about to occur.’’ This is If we really want to change our sys- dom of speech and freedom of association. fraught with First Amendment peril because tem, we should have enacted term lim- Some of our specific objections to the individuals and groups will face ‘‘gag orders’’ Feingold-McCain (S. 1219) and similar pro- until a determination of wrongdoing is made. its. Members of Congress should be posals include: This bill serves the purpose of unfairly pro- more concerned with the next genera- The bill’s ‘‘voluntary’’ expenditure limits tecting incumbency by further limiting the tion than the next election but the are coercive and violate First Amendment overall amount of speech allowed during a constant pressure of re-election affects principles. The bill requires the receipt of campaign. A limitation in the quantity of votes and contributions. public subsidies to be conditioned by a sur- speech makes the incumbent’s name recogni- Mr. President, any reform system rendering of the constitutional right to un- tion and ability to create free press and limited campaign expenditures. The bill should be tilted more in favor of public media attention all the more valuable. disclosure of campaign contributions. grants postage and broadcasting discounts This bill unfairly hinders access to the po- only those candidates that ‘‘volunteer’’ for litical process of independent and third party The Federal Election Commission’s spending limits. The bill raises an individ- candidates by limiting access to public fi- main mission should be to publicize ual’s contribution limit from $1,000 to $2,000 nancing and avenues for receiving private campaign finance information to the for those candidates that agree to spending donations. people. limitations and therefore fiscally punishes Constitutionally acceptable campaign fi- Finally, contributions limits from in- those candidates who wish to maintain their nance reform proposals could include the fol- dividuals should be adjusted to keep constitutional right of unlimited spending. lowing elements: The bill’s ban of Political Action Commit- pace with inflation. The declining Uncoerced public financing that include value in real dollars of the maximum tees are a violation of freedom of association the following provisions: Floors or founda- and is therefore unconstitutional. Such a tions upon which candidates can build their contribution from an individual to a provision would result in a restriction in campaigns, not ceilings to limit them, the Federal candidate is now worth only protected speech for any group the Federal availability of public financing to all legally about a third as much as when it went Election Committee deemed a ‘‘political qualified candidates who have demonstrated into affect in 1975. This change would committee.’’ All relevant constitutional an objective measure of support, the avail- lessen reliance on political action com- precedent, including Buckley v. Valeo 424 ability of matching funds without unconsti- mittee contributions and shorten the U.S. 1, 57 (1976) and FEC v. National Conserv- tutional conditions attached, institution of ative Political Action Committee 470 U.S. 480 time candidates must spend asking for the frank to all legally qualified federal can- money. (1985), clearly suggest that the Supreme didates. Court would overturn such a ban. Raise individual contribution limits. This Remember, State candidates in The limitation on out-of-state contribu- will serve to decrease reliance on PAC North Carolina can accept $4,000 con- tions is constitutionally suspect and is dis- sources of support. tributions per election while Federal turbingly insular. In-state limitations poten- Modest tax credits of up to $500 for private candidates can only receive $1,000. Ad- tially deny underfinanced, lesser-known in- political contributions. justing the contribution limits for indi- surgent candidates of the kind of out-of- Public access and timely disclosure of viduals coupled with greater disclosure state support they may need. As long as citi- large contributions. This is the most appro- zens in the affected district are the ones who would be a significant improvement. priate way to deal with problems of undue For this reason, Mr. President, I can- select the candidate, how the candidate is fi- influence on elected officials. nanced is a less compelling concern. After Thank you for your consideration of our not support the McCain-Feingold bill all, Congress is our national legislature, and views. in its present fashion. We share the although its representatives are elected from Sincerely, goal of reforming the campaign finance separate districts and states, the issues it de- LAURA W. MURPHY, system but there is a difference in the bates and votes on are of concern to citizens Director. details. My suggestion for reform in- from all over the nation. The bill’s disclosure requirements and reg- Mr. FAIRCLOTH. Mr. President, first cludes term limits, greater public dis- ulations on ‘‘soft money’’ do not take into and most importantly, I strongly sup- closure of contributions, and increas- consideration the constitutional divide be- port reform of our campaign finance ing the limits on contributions from tween candidate-focused expenditures and system. Regrettably, there are several individuals to lessen reliance on politi- contributions, which are subject to some reg- broad problems with McCain-Feingold cal action committees. ulation, and all other non-partisan, political bill. The PRESIDING OFFICER. The Sen- and issue-oriented speech, which are not. First, I have serious concerns that ator from Wisconsin. This restriction does not live up to the this bill does more to limit the rights Mr. FEINGOLD. Mr. President, to ‘‘most compelling government interest’’ under the First Amendment, than it make concluding remarks, and later standard in regards to electoral advocacy as required by the Supreme Court in Buckley v. does to reform our campaign finance Senator MCCAIN will make other con- Valeo, 424 U.S. at 14–15, 78–80. This restric- laws. It bans political action commit- cluding remarks, let me again clarify tion also does not satisfy the minimum scru- tee contributions—but it does nothing the point about constitutionality. The tiny of a ‘‘compelling’’ state interest in the to empower the individual by raising Senator from Virginia said clarity of regulation of political parties as required by individual campaign contribution lim- conscience prevents him from working the Supreme Court in Tashjian v. Republican its. for this bill because of the PAC ban. Party, 479 U.S. 208 (1986). Second, as we have come to learn, it But the fact is the Senator from Ken- The bill’s new provisions governing the right to make independent expenditures un- is impossible to plug all of the money tucky and the Senator from Virginia constitutionally invades the absolutely pro- loopholes in politics. This legislation and the Senator from Washington all tected area of issue advocacy. By broadening bans outside expenditures by political voted for the Pressler amendment 3 the definition of ‘‘express advocacy’’ the bill action committees and other interest years ago that does exactly what our S6798 CONGRESSIONAL RECORD — SENATE June 25, 1996 bill does. It bans PAC’s, but if the PAC’s throughout industry are asked to con- Why is it partisan? It is partisan, Mr. courts say PAC’s cannot be banned, it tribute $1,000. President, because Republicans for the has a voluntary limit on PAC’s. The That is how it is done in this town. most part, accompanied by some inter- reason they voted for it then, the rea- That is what the gatekeepers want to esting allies, from the ACLU to the Na- son it is OK now, is because it is con- keep, and that is what we have to tional Education Association, believe stitutional, and this is a red herring. crack down on and eliminate. there is nothing inappropriate about The real issue here is what this vote To make my final remarks, let me American citizens participating in the is going to be. This is the vote on cam- say this thing has just gotten worse political process. We think that ought paign finance reform. I admire the can- year after year. I want to finish by to be applauded, not condemned. We dor of the Senator from Kentucky, who reading a few quotations from people are not offended by those exercising simply says he wants to kill campaign who have been troubled about this over their rights to petition the Congress, finance reform this session. He is not time. Woodrow Wilson: those exercising their right to engage up here proposing an alternative. He The Government of the United States is a in free speech. We do not think that is admits that is his goal. That is the foster child of the special interests. It is not bad for America, Mr. President. We vote. allowed to have a will of its own. think it is good for America. This is the first bipartisan bill in 10 President Eisenhower: Whether our opponents on the other years. Who will benefit from this bill? Many believe politics in our country is al- side of the aisle like it or not, the Su- Many people will benefit. Incumbents ready a game exclusively for the affluent. preme Court has been very clear that will benefit from having more time to This is not strictly true; yet the fact that we the speech of political candidates can- work on the issues, to not have their may be approaching that state of affairs is a not be restricted. Thank God for Buck- fractured attention, as the Senator sad reflection on our elective system. ley versus Valeo, one of the great deci- from West Virginia indicated. Chal- From Barry Goldwater: sions in the history of the Supreme lengers will be the main beneficiaries. It is not ‘‘We, the people,’’ but political ac- Court. Just look at the real statistics. Incum- tion committees and moneyed interests who The speech of candidates should not bents blow challengers out of the water are setting the Nation’s political agenda and be restricted. That is an extremely im- with the money. Does anyone out there are influencing the position of candidates on portant principle, Mr. President. After the important issues of the day. believe this bill would actually help in- all, if we make the candidates shut up cumbents? I can tell you as a former From Jack Kemp, explaining why he and if we make the people who want to challenger, this bill would have made a would not run for President in 1996: support them shut up, who controls the tremendous difference and would have There are a lot of grotesqueries in politics, discourse, the debate? Why, someone made the process more fair. not the least of which is the fundraising else. Where will this transfer of power We would also benefit in this country side. . .. I don’t seem to be talking about the go? One place it will go, obviously, is things that the fundraising people want me from the inclusion of all the people to talk about. to the newspapers, most of whom love who never choose to run. You heard the this legislation because they realize it Finally, from Robert F. Kennedy, Senator from West Virginia say he will enhance their power as the cam- who said: never would have run for office if it paigns’ power to communicate is di- would have involved this amount of The mounting cost of elections is rapidly minished. So they think this is a ter- becoming intolerable for a democratic soci- money. I bet the former majority lead- ety, where the right to vote—and to be a can- rific idea. er, Senator Dole, would not have run didate—is the ultimate political protection. Many of the large membership inter- either. So there will be winners under For we are in danger of creating a situation est groups are not particularly worried this bill and especially people back in which our candidates must be chosen only about this legislation because they home. from among the rich, the famous, or those know you cannot constitutionally re- But there will be losers under this willing to be beholden to others who will pay strict their ability to communicate bill. The losers are the people who got the bills. with their own members, what we call together on April 30, all the lobbyists Mr. President, what Robert Kennedy nonparty soft money, or in any real and all the PAC’s in this town that said over 30 years ago is even worse way restrict their ability to commu- have been cited by the other side. They than he could have imagined today. nicate with the public, what we call all got together to kill this bill. They What he feared has come to pass, and independent expenditures, both of said it would prevent their free speech. our bill would begin the process of re- which, or the latter of which is cer- But the fact is, they are the Washing- turning campaigns and elections, and tainly protected by the Buckley case. ton gatekeepers. They are the people yes, our Government, back to the peo- So what this is all about, Mr. Presi- you have to go up to when you are run- ple at home. dent, is who gets to speak and how ning for office and say, ‘‘Will you give I yield the floor. much—who gets to speak and how us the money?’’ The PRESIDING OFFICER. The Sen- much—and whether or not private citi- I used to go back and say to a banker ator from Kentucky. zens can continue to band together and in Wisconsin or a labor member in Wis- Mr. McCONNELL. Mr. President, how support candidates of their choice. consin, ‘‘Can you provide us with some much time do I have remaining? It is said that too much is spent, help?’’ Do you know what they would The PRESIDING OFFICER. The Sen- which means to say there is too much say? ‘‘We have to check in with Wash- ator has 12 minutes. speech in the American political sys- ington. Washington has to say yes.’’ Mr. McCONNELL. Mr. President, I do tem. My view is that it is not inappro- This bill will drive people back to their not think there is any issue which we priate to ask, when you say too much own home States and take away the deal with that more clearly sums up is being spent—compared to what? In power from the gatekeepers. the differences of the two parties to- the last cycle we spent about as much How does it work? I mentioned it be- ward American participation in poli- on political speech as we did on bubble fore. Here is one example. Here is a let- tics than the issue of campaign finance gum. Put another way, $3.74 per voter ter about how it works, and I will omit reform. in the last cycle. I would argue, Mr. the name of the Representative. Make no mistake about it, Mr. Presi- President, that is not too much politi- During this year’s congressional debate on dent, this is a partisan issue. The Re- cal speech—not too much political dairy policy, Representative [Blank] has led publican National Committee opposes speech. the charge for dairy farmers and coopera- the bill. The Democratic National Then they say, the public is clamor- tives by supporting the federation’s efforts Committee supports the bill. So there ing for this reform. A comprehensive to maintain the milk marketing order pro- is nothing particularly bipartisan poll by the Tarrance polling group gram and expand program markets abroad. about the bill. There are a few Repub- back in April of 1996 asked that ques- To honor his leadership the federation is licans who support it and a few Demo- tion in a variety of different ways. Suf- hosting a fundraising breakfast for [Blank] on Wednesday, December 6, 1995. To show crats who oppose it, but the heart of fice it to say, one person out of the your appreciation to [Blank], please show up the matter is, this is a very partisan 1,000 interviewed thought this was an at Le Mistral Restaurant at 8 a.m. for an en- matter as currently presented to the important issue confronting the coun- joyable breakfast with your dairy colleagues. Senate. try. There is no clamoring for this. The June 25, 1996 CONGRESSIONAL RECORD — SENATE S6799 interest in this all depends on how you sidy to a couple of private industries. ton and Bob Dole. No other Democrat is ask the question. If you ask the ques- They say, we are going to call on the challenging an obviously vulnerable incum- tion: Do you think it is a good idea to broadcasting industry to reduce the bent, and Republican contenders such as Phil Gramm, Pat Buchanan and Lamar Alexander restrict my right to participate in the prices for political ads by 50 percent. hover in single digits. In this second rank we political process? Obviously, people are What will happen? Why, of course, they now also have millionaire publisher Steve not in favor of that. will pass on the cost of that to all the Forbes, who started from nowhere to grab There has been some debate about other people advertising. So those tax- the first rung on the ladder. And of course, whether this is constitutional. Let me payers are going to have to pay more billionaire Ross Perot still haunts the scene. say maybe the other side has been able for their product because of the Gov- If you don’t like the remaining field, blame to scrape up a few people with a law de- Fred Wertheimer and Common Cause, the or- ernment-mandated program. ganization he until recently ran and still gree calling this constitutional, but There is a second industry that is af- animates, are the principal architects of the the heavies in this field do not think it fected by this as well, Mr. President. cockamamie financial gauntlet we inflict on is. The American Civil Liberties That is the people who use the mails. our potential leaders. Common Cause is Union—sometimes we love them; some- There is a postal subsidy in here. The point-lobby for the goo-goos, that is, the ear- times we hate them, but, boy, do they Postmaster General wrote me yester- nest folks always trying to jigger the rules know a lot about the first amendment day saying he opposed this. Of course, to ensure good government. One of their con- and have had a lot of success over the the Direct Marketing Association op- ceits is that money is the root of all political evil, so they seek salvation in the Sisyphean years in this country. They believe this poses this. Of course, the National As- task of eliminating its influence. The chief matter is clearly and unambiguously sociation of Broadcasters opposes this. result of this is a rule outlawing individual unconstitutional. They are not particularly interested in political contributions of more than $1,000, Assuming it could get past the con- having to reach into the coffers of their and a bureaucracy called the Federal Elec- stitutional problems, Mr. President, businesses to pay for political views tion Commission to count angels on pinheads pushing all these people out of the with which they might disagree. in deciding, for example, what counts as a process and putting a speech limit on contribution. So getting back to the direct mail A serious Presidential campaign is likely the campaigns, how would those speech subsidy, the rates of everybody else to cost $20 million. This means a potential limits be enforced? By, of course, the who uses the Postal Service are going Presidential has to start by persuading 20,000 Federal Election Commission, which to be increased so a subsidy can be pro- different people to pony up a grand. Take an would soon be the size of the Veterans vided by those taxpayers to support the arbitrary but probably generous hit rate of Administration trying to restrict the expression of views with which they 5%, and he (or she) has to pass the tin cup free speech of not only 535 additional may disagree. 400,000 times. Admittedly these numbers political races, but also of a bunch of So, Mr. President, spending limits oversimplify, but they give you the idea. Mr. Wertheimer’s brainstorm means fund-raising outsiders who might inadvertently are not free. There is no way to con- is so consuming that candidates have no band together and try to speak. So the coct, under the Buckley case, any ef- time for anything else. Even more impor- FEC is given injunctive relief, so it can fort to shut people up that does not tant, it is a process virtually designed to go into court and shut people up who have some cost. You can shift it around drain a potential President of any residue of are engaging in speech that the Gov- and kind of claim it is not part of the self-respect. ernment does not want to be expressed. Treasury. You can assess a business This may not be the only thing General That is what this bill is about—build- Powell means when he says running requires maybe. But they are not free. a fire he does not yet feel, but it is certainly ing a massive Federal bureaucracy to So what is wrong with this bill? Just a big one. His adviser Richard Armitage ex- restrict the speech of candidates and of about everything you can think of. It plicitly said, ‘‘Colin Powell going out and groups in this country. This is one of is based on the fallacious assumption asking people for money and then spending the worst ideas we have debated around that too much is being spent. It is all that money wasn’t attractive.’’ Mr. Kemp here since the last time a proposal like based on the notion that the public is was similarly explicit in not wanting to un- this was up on the Senate floor. clamoring for it. Neither of those prop- dertake the fund-raising exercise, and it no The Court said very clearly, if you ositions is true. It assumes there is doubt inhibited Mr. Cheney as well. On the want to try to entice campaigns into Democratic side, finding 20,000 donors to some way to level the political playing challenge an incumbent is an even more shutting up, and the Government ground for everyone, which is impos- daunting challenge; Senator Bradley and wants to say it is not good for can- sible to achieve. It is unconstitutional, Senator Nunn decided to quit rather than didates to speak more than a certain clearly and obviously. It would create a fight. amount—we see that in the Presi- gargantuan Federal Election Commis- It is no accident that the dropouts are pre- dential system and the nightmare that sion with the mission to shut people up cisely the types the goo-goo crowd would like to keep in politics, which is to say, has become. As Senator GORTON point- all across America. It would call upon ed out yesterday, there is only one per- those motivated by principle instead of sheer two industries, the broadcast industry ambition. In 1988, to take an earlier example, son in America who is told to shut up and the direct mail postal users, to pay the exploratory field included Don at that point, and that is one of two for the price of all of this big Govern- Rumsfield, who had been a Congressman, candidates who is running for Presi- ment. White House Chief of Staff, Defense Sec- dent, Bob Dole. That is what we ought For all of these reasons, obviously, retary and a spectacularly successful cor- to be reforming, the Presidential sys- Mr. President, this bill should be de- porate chief executive. But he threw in the tem. feated. The way to defeat this bill is to towel rather than run up possibly unpayable But the Court said, if you want to en- debts—‘‘as a matter of principle, I will not vote ‘‘no’’ on cloture. run on a deficit.’’ tice people into shutting up, not speak- Mr. President, I have a variety of The doleful effect of such limitations were ing too much, you can offer them some magazine articles that have come out entirely predictable; indeed, they were pre- kind of subsidy, a Federal subsidy. So against this bill, including Weekly dicted right here. As early as 1976, when the the Presidential system says to the Standard, the Wall Street Journal, Supreme Court partly upheld the 1974 Fed- candidates running for President: You Rollcall, the National Review, and the eral Election Campaign Act, we wrote that can only raise $1,000 per person. So, Baltimore Sun, and I ask unanimous the law ‘‘will probably act like the Franken- when looking at that difficult task of stein’s monster it truly is. It will be awfully consent that the editorials be printed hard to kill, and the more you wound it, the trying to put together a nationwide in the RECORD. more havoc it will create.’’ In the face of campaign at $1,000 a person, every can- There being no objection, the mate- hard experience, of course, the goo-goos pre- didate virtually, except Ross Perot and rial was ordered to be printed in the scribe more of the same, to the point where John Connally, has said, ‘‘OK. I’ll shut RECORD, as follows: ‘‘campaign finance reform’’ has become the up. You bought me off. There is no way [From the Wall Street Journal, Nov. 16, 1995] Holy Grail. To be fair, the Wertheimer coven hasn’t I can possibly raise enough money to THE MAN WHO RUINED POLITICS run at $1,000 a person.’’ Then they get had its way entirely. The logic of the goo- So Colin Powell is not running for Presi- goo impulse is public financing of political the Federal subsidy. dent. Neither is Jack Kemp, Bill Bradley, campaigns, an idea mostly hooted down by In this bill, in order to allow the Dick Cheney, Sam Nunn or William Bennett. the same taxpayers who eagerly embrace sponsors to claim that there is no tax- Voters are left with the likely choice be- term limits—though in Presidential cam- payer money in it, they shift the sub- tween two rather tired war horses, Bill Clin- paigns public finance serves as the carrot S6800 CONGRESSIONAL RECORD — SENATE June 25, 1996 getting candidates to accept the FEC nit- Wyden. Call this the Common Cause loop- that is sure to backfire on their party, if not picking. And the Supreme Court, while back- hole. on them, and probably on our democracy. ing away from the obvious conclusion that In the world of campaign reformers, money How ironic it would be if, in the name of con- limiting political expenditures is prima facie is the root of all evil. So they spend their trolling special interests, our sanctimonious an infringement of free speech, couldn’t time denouncing candidates who raise it for reformers merely made them more powerful. bending to ‘‘special interests.’’ Yet what the bring itself to say someone can’t spend his Mr. MCCONNELL. I ask unanimous own money on his own campaign. reformers won’t advertise is that there’s consent to have printed in the RECORD Thus the millionaire’s loophole. Mr. Perot nothing much they can do about the special was able to use his billions to confuse the interests who decide to spend money on their testimony on the constitutionality of last Presidential elections, going in, out and own. the broadcast provisions in the bill pre- back in at will. So long as he doesn’t accept As they did to great effect in Oregon. The pared for the National Association of public money, he can spend as he likes. AFL says it devoted 35 full-time profes- Broadcasters. Mr. Forbes is an even more interesting sionals and sent out 350,000 pieces of partisan There being no objection, the mate- case, since he was chairman of Empower mail for the cause. The Sierra Club and LCV rial was ordered to be printed in the spent $200,000 on 30,000 postcards, 100,000 tele- America, the political roost of both Mr. RECORD, as follows: Kemp and Mr. Bennett. Who would have phone calls and very tough TV and radio CONSTITUTIONAL INFIRMITIES OF PENDING guessed a year ago, the latter asks, that the spots accusing Republican Gordon Smith of POLITICAL BROADCASTING LEGISLATION Empower America candidate would be Steve ‘‘voting against . . . groundwater protection, Forbes. On the issues Mr. Forbes is perhaps clean air, pesticide limits, recycling.’’ (Prepared for National Association of Broad- an even better candidate than his col- The topper was a Teamster radio spot, run casters by P. Cameron DeVore, Gregory J. leagues—backing term limits where Mr. on seven stations in five cities, that in effect Kopta, Robert W. Lofton, of Davis Wright Kemp opposes them, for example—and with- accused Mr. Smith of being an accomplice to Tremaine) out his message his money wouldn’t do much murder because a 14-year-old boy died in an SUMMARY good. Still, to have a better chance at ulti- accident at one of his companies. ‘‘Gordon Pending Congressional campaign finance mately winning, it would have been logical Smith owns companies where workers get reform legislation would substantially ex- for him to bankroll one of his better-known hurt and killed. He has repeatedly violated pand federal political candidates’ ‘‘reason- colleagues. But that’s against the law, the law. Those are the facts.’’ able access’’ to broadcast time, raising fun- thanks to Mr. Wertheimer, so Mr. Forbes has In fact, the young worker had died after a damental issues under both the First and to hit the stump himself. fall in a grain elevator while being super- Fifth Amendments to the United States Con- With widespread disaffection with the cur- vised by his father, who still works for Mr. stitution. Several bills would require broad- rent field, and especially in the wake of the Smith and doesn’t blame him. An analysis of casters to provide free and/or heavily dis- Powell withdrawal, the lunacy of the current the ad in the liberal Oregonian newspaper es- counted time to political candidates as an rules is coming to be recognized. The em- sentially concluded that the whole thing was incentive for candidates to voluntarily com- peror has no clothes, think tank scholars are false. (By the way, the ad was the work of ply with campaign spending limits. The goal starting to say—notably Bradley A. Smith of consultant Henry Sheinkopf, who is part of of this legislation apparently is to reduce the the Cato Institute, whose views were pub- Bill Clinton’s re-election team this year and cost of federal election campaigns for House lished here Oct. 6. Following Mr. Smith, likes to say he believes in the politics of and Senate seats and thereby enhance the in- Newt Gingrich said last weekend we don’t ‘‘terror.’’ We trust Mr. Clinton will soon give tegrity of the electoral process. spend too much on political campaigns but him his post-Oklahoma City ‘‘civility’’ By requiring broadcasters to finance politi- too little. This heresy was applauded this speech to read.) cal candidates, the pending legislation would week by columnist David Broder, which may Even Mr. Wyden felt compelled to criticize compel broadcasters to engage in protected herald a breakthrough in goo-goo sentiment the rhetoric of the ad, but since it wasn’t run speech. Such a requirement could only be itself. by his campaign, he couldn’t be blamed for justified by compelling necessity, and then Formidable special interests, of course, re- it, even as it cut up his opponent. That’s the only if precisely tailored to the govern- main opposed to change in the current rules. beauty of these ‘‘independent expenditures’’: ment’s interest. Mandating that broad- Notably political incumbents who want cam- They work for a candidate without showing casters, rather than candidates, pay to com- paigns kept as quiet as possible and have his fingerprints. Mr. Wyden even took the municate partisan political messages would learned to milk other special interests who high road earlier this month and announced not advance the government’s interest in en- want access. So rather than having some that both candidates should stop negative hancing the integrity of the electoral proc- maverick millionaire funding his pet can- campaigning, while his allies kept dumping ess. In addition, the government could ad- didate on reasons that might relate to ideas garbage on Mr. Smith through the mail and vance that interest more effectively through and issues, we have all parties funded by on the airwaves! numerous alternatives that do not involve Now, we understand that Republicans do Dwayne Andreas and his sisters and his cous- encroachments on First Amendment free- this, too. The NRA doesn’t play beanbag. ins and his aunts, better to protect ethanol doms. And as a millionaire businessman, Mr. Smith subsidies. Finally, of course, we have Mr. Broadcasters historically have been sub- was able to spend enough of his own money Perot and his United We Stand hell-bent for ject to more restrictions than have other to answer this stuff in his campaign. But further restrictions on campaign finance, media on their constitutionally protected candidates who aren’t millionaires have to better to protect the political process for bil- editorial discretion, but the traditional ra- find money somewhere else, which means lionaires like himself. tionale of spectrum scarcity no longer justi- from people and interests that have money. Not so, thankfully, Mr. Forbes, who sees fied singling out broadcasters for reduced Yet if Mr. Wertheimer and Common Cause campaign spending limits as an incumbent First Amendment protection, particularly in get their way, nonrich candidates would find protection device. He recently told an Iowa light of the multiplicity of other outlets for their ability to raise that money drastically audience, ‘‘If Congress abolished the frank- diverse viewpoints. The pending legislation limited. The special interests would still be ing privilege, then I’d be impressed.’’ Lift the nevertheless could not survive even the ‘‘in- able to sling their junk, while a candidate caps on giving and spending, but make sure termediate scrutiny’’ requirements of nar- would lack the cash to respond. everything is disclosed, he says. ‘‘That’s real row tailoring to a substantial government Something very much like this probably reform.’’ purpose. Compelling broadcasters to finance cost Republicans the governorship last year political campaigns would bear no relation- in Kentucky, where the AFL spent lavishly [From the Wall Street Journal, Feb. 2, 1996] ship to broadcasters’ public interest duties, for the Democrat but the Republican was and would upset the delicate balance be- RUINING POLITICS—II hemmed in by spending limits. And, of tween their journalistic freedoms and their Not long ago these columns described how course, operations such as the AFL or the obligations as licensees of the public air- the crazy campaign-finance reforms dreamed teachers unions have an unlimited supply of waves. By singling out broadcasting from up by the likes of Fred Wertheimer and Com- money from forced union dues, while other other media and usurping broadcast facili- mon Cause have been ruining politics. Or- liberal special-interest groups get taxpayer ties and time, the proposed legislation also egon voters just got another such lesson in subsidies that Republican Senators like Ver- denies broadcasters equal protection of the their special Senate election this week. mont’s Jim Jeffords are refusing to kill. law and takes their property without just Democrats are understandably pleased (Question: What does Mr. Jeffords have compensation, in violation of the Fifth with their narrow (less than 1% margin) vic- against electing other Republicans?) If Con- Amendment. tory, but so too are the Sierra Club, the gress tried to restrict such ‘‘independent’’ For all of these reasons, it is our view that League of Conservation Voters (LCV), the spending in some new reform, the Supreme those aspects of the pending legislation that Teamsters, the gay and lesbian lobby, the Court would probably (and rightly) strike it require broadcasters to provide free or sub- public-employee unions, NARAL (the abor- down as a violation of the First Amendment. sidized time for political candidates’ speech tion rights outfit), the National Council of The bigger point here is that John McCain, would likely be held unconstitutional by the Senior Citizens and the AFL–CIO. All of Fred Thompson, Linda Smith and other Re- courts. these liberal groups weighed in with what publicans who’ve joined up with Common campaign finance laws call ‘‘independent ex- Cause need to rethink their allegiances. Mr. MCCONNELL. Mr. President, I penditures’’ on behalf of Democrat Ron They’re lending credibility to an exercise ask unanimous consent to have printed June 25, 1996 CONGRESSIONAL RECORD — SENATE S6801

in the RECORD a constitutional analy- group of candidates, or to candidates of a nance ‘‘reforms,’’ friends of the First Amend- sis conducted for the National Right to particular party. ment feel like the man (in a Peter De Vries Life Committee. ‘‘(B) The term ‘‘expression of support for or novel) who said ‘‘In the beginning the earth opposition to’’ includes a suggestion to take There being no objection, the mate- was without form and void. Why didn’t they action with respect to an election, such as to leave well enough alone?’’ Reformers should rial was ordered to be printed in the vote for or against, make contributions to, repent by repealing their handiwork and RECORD, as follows: or participate in campaign activity, or to re- vowing to sin no more. Instead, they are pro- BOPP, COLESON & BOSTROM, frain from taking action.’’ posing additional constrictions of freedom ATTORNEYS AT LAW, This extremely broad definition of ‘‘ex- that would further impoverish the nation’s Terre Haute, IN, November 7, 1995. press advocacy’’ would sweep in protected civic discourse. Re: Senate Campaign Finance Reform Act of issue advocacy which NRLC does, such as The additions would be the Forbes-Perot 1995. voter guides. For example, criticizing a can- Codicils, abridging the right of a rich person DAVID O’STEEN, Ph.D., didate for his or her proabortion stand near to use his or her money to seek elective of- National Right to Life Committee, an election time would fall within the ex- fice. This will be called ‘‘closing a loophole.’’ Washington, DC. press advocacy definition because it would To reformers, a ‘‘loophole’’ is any silence of DEAR DR. O’STEEN: You have asked me, as constitute ‘‘an expression of . . . opposition the law that allows a sphere of political ex- General Counsel for the National Right to to a specific candidate.’’ This phrase goes far pression that is not yet under strict govern- Life Committee (‘‘NRLC’’), to evaluate the beyond what the United States Supreme ment regulation. proposed Senate Campaign Finance Reform Court said was permissible to regulate as Jack Kemp, Bill Bennett, Dan Quayle, Act of 1995 (‘‘The Act’’). We have done so. electioneering in the case of Buckley v. Valeo, Dick Cheney and Carroll Campbell are Based on our evaluation, we recommend 424 U.S. 1 (1976). In Buckley, the Supreme among the Republicans who were deterred that NRLC oppose the Act because of the ef- Court held that in order to protect issue ad- from seeking this year’s presidential nomi- fects it would have on NRLC activities. vocacy (which is protected by the First nation in part by the onerousness of collect- These are set forth below. Amendment), government may only regulate ing the requisite funding in increments no election activity where there are explicit larger than $1,000. You may or may not re- SECTION 201 words advocating the election or defeat of a Section 201 would abolish connected politi- gret the thinness of the Republican field this clearly identified candidate. year, but does anyone believe it is right for cal action committees (‘‘PACs’’). The Act In sum, these provisions of the Act would government regulations to restrict impor- prohibits membership corporations, such as prevent NRLC from engaging in constitu- tant political choices? National Right to Life, from having a con- tionally-protected issue advocacy. There are restrictions on the amounts indi- nected PAC. This would abolish National SECTION 306 viduals can give to candidates and on the Right to Life PAC. This would severely af- Section 306 of the Act authorizes an in- amounts that candidates who accept public fect the ability of NRLC to influence federal junction where there is a ‘‘substantial likeli- funding can spend. Limits on individuals’ elections because NRLC would not have a hood that a violation . . . is . . . about to giving force candidates who are less wealthy connected PAC. occur.’’ Thus, the FEC would be authorized than Forbes or Perot to accept public fund- Section 201 also permits only individuals to seek injunctions against expenditures ing. Such restrictions are justified as nec- or political committees organized by can- which, in the FEC’s expansive view, could in- essary to prevent corruption and promote didates and political parties to solicit con- fluence an election. Such a preemptive ac- political equality. But Prof. Bradley A. tributions or make expenditures ‘‘for the tion against speech is an unconstitutional Smith of Capital University Law School in purpose of influencing an election for Fed- prior restraint and is unconstitutional ex- Columbus, Ohio, demolishes such justifica- eral office.’’ This appears to do two things. cept in the case of national security or simi- tions in an article in The Yale Law Journal, First, it appears to prohibit independent larly weighty situations. Prior restraint PACs, so that persons associated with NRLC beginning with some illuminating history. should never be allowed in connection with In early U.S. politics the electorate was couldn’t create an independent PAC to do ex- core political speech. There simply is no gov- small, most candidates came from upper- press advocacy for or against candidates. ernmental interest of sufficient magnitude class factions and the candidates themselves Second, it also appears to bar nonprofit, to justify the government stopping persons nonstock, ideological organizations—which paid directly what little campaign spending from speaking. Because prior restraints of there was, which went for pamphlets, and for under FEC v. Massachusetts Citizens for Life, speech are so repugnant to the Constitution, food and whisky for rallies. This changed 479 U.S. 238 (1986), could do independent ex- the usual remedy is to impose penalties after with Martin Van Buren’s organization of a penditures—from making such independent the speech is done, if a violation of law oc- mass campaign for Andrew Jackson in 1828. expenditures on behalf of or in opposition to curred in connection with the speech. candidates. Therefore, under the Act, the Federal Elec- Democratization—widespread pamphle- tion Commission would be authorized to pur- teering and newspaper advertisements for SECTION 251 the increasingly literate masses—cost Assuming that under the Act independent sue injunctions against the political speech of persons or organizations suspected of vio- money. Most of the money came from gov- expenditures can be done by someone other lating the Act. This means that NRLC would ernment employees, until civil service re- than an individual,1 so that NRLC still could be subject to a prior restraint of its speech, form displaced patronage. have a PAC capable of making contributions even issue advocacy, on the eve of an impor- Government actions—Civil War contracts, and expenditures to influence an election, tant election. Given its history of expansive then land and cash grants to railroads, and there remains a problem. The problem is readings of its powers to regulate constitu- protectionism—did much to create corpora- with the definition of independent expendi- tionally-protected speech, the Federal Elec- tions with an intense interest in the com- ture in the Act. tion Commission should never be handed the position of the government. Then govern- The Act defines ‘‘independent expenditure’’ weapon of prior restraint. ment created regulations to tame corporate as an expenditure containing ‘‘express advo- As stated at the beginning, there are se- power, further prompting corporate partici- cacy’’ made without the participation of a vere problems with the Act. The Act would pation in politics. Smith says that in 1888 candidate. ‘‘Express advocacy’’ is defined ex- profoundly alter NRLC’s ability to affect fed- about 40 percent of Republican national cam- tremely broadly: eral elections. Therefore, we recommend paign funds came from Pennsylvania busi- ‘‘18(A) The term ‘‘express advocacy’’ means that National Right to Life Committee op- nesses, and by 1904 corporate contributions when a communication is taken as a whole pose the Act. were 73 percent of Teddy Roosevelt’s funds. and with limited reference to external Sincerely, Democrats relied less on corporate wealth events, an expression of support for or oppo- JAMES BOPP, Jr. than on the largesse of a small number of sition to a specific candidate, to a specific RICHARD E. COLESON. sympathetic tycoons: in 1904 two of them Mr. MCCONNELL. In addition, I have provided three quarters of the party’s presi- 1 There is a way this could happen. Apparently due individual columnists like George Will dential campaign funds. By 1928 both parties’ to concerns about the constitutionality of what Sec- national committees received about 69 per- tion 201 of the bill does (§ 324 of the FECA), the Act and David Broder who have expressed cent of their contributions in amounts of at creates a fall-back position for times when those opposition to various parts of this least $1,000 (about $9,000 in today’s dollars). provisions might not be in effect, i.e., might be en- measure, and I ask unanimous consent Only a few campaigns have raised substan- joined for unconstitutionality. This fall-back provi- sion is that during the time when the ban on con- that those columns be printed in the tial sums from broad bases of small donors. nected and independent PACs might be enjoined RECORD. These campaigns have usually been ideologi- from enforcement the total that a candidate can re- There being no objection, the mate- cal insurgencies, such as Barry Goldwater’s ceive from a ‘‘multicandidate’’ PAC is ‘‘20 percent of rial was ordered to be printed in the in 1964 ($5.8 million from 410,000 contribu- the aggregate Federal election spending limits ap- tors), George McGovern’s in 1972 ($15 million RECORD, as follows: plicable to the candidate for the election cycle.’’ from contributions averaging about $20) and [From Newsweek, Apr. 15, 1996] Thus, the fallback is that if connected and independ- Oliver North’s 1994 race for a U.S. Senate ent PACs cannot be abolished altogether, then the CIVIC SPEECH GETS RATIONED total contributions from such PACs would be seat from Virginia (small contributors ac- capped. Under this provision, the ability of NRL (By George F. Will) counted for almost all of the $20 million that PAC to contribute to federal candidates would be se- Surveying the constitutional and political enabled North to outspend his principal op- verely affected. damage done by two decades of campaign fi- ponent 4 to 1 in a losing effort). S6802 CONGRESSIONAL RECORD — SENATE June 25, 1996 The aggressive regulation of political giv- candidate who spends most usually wins. But that ‘‘almost the entire first amendment lit- ing and spending began in 1974, in the after- as Smith notes, correlation does not estab- erature produced by liberal academics in the math of Watergate. Congress, itching to ‘‘do lish causation. Money often follows rather past twenty years has been a literature of something’’ about political comportment, than produces popularity: many donors give regulations, not freedom—a literature that put limits on giving to candidates, and on to probable winners. Do campaign contribu- balances away speech rights . . . Its basic spending by candidates—even of their per- tions purchase post-election influence? strategy is to treat freedom of speech not as sonal wealth. Furthermore, limits were Smith says most students of legislative vot- an end in itself, but an instrumental value.’’ placed on total campaign spending, and even ing patterns agree that three variables are And Bradley Smith says that ‘‘after twenty on political spending by groups unaffiliated more important than campaign contribu- years of balancing speech rights away, lib- with any candidate or campaign. In 1976 the tions in determining legislators’ behavior— eral scholarship is in danger of losing the Supreme Court struck down the limits on party affiliation, ideology, and constituent ability to see the First Amendment as any- unaffiliated groups, on candidates’ spending views. ‘‘Where contributions and voting pat- thing but a libertarian barrier to equality of personal wealth and on mandatory cam- terns intersect, they do so largely because that may, and indeed ought, to be balanced paign spending ceilings. The Court said these donors contribute to those candidates who away or avoided with little thought. amounted to government stipulation of the are believed to favor their positions, not the Fortunately, more and more people are permissible amount of political expression other way around.’’ having second thoughts—in some cases, first and therefore violated the First Amendment. Smith argues that limits on campaign giv- thoughts—about the damage done to the po- But in a crucial inconsistency, the Court ing and spending serve to entrench the sta- litical process, and the First Amendment, by upheld the limits on the size of contribu- tus quo. As regards limits on giving, incum- the utilitarian or ‘‘instrumentalist’’ under- tions. Such limits constitute deliberate sup- bents are apt to have large lists of past con- standing of freedom of speech. Campaign pression by government of total campaign tributors, whereas challengers often could ‘‘reforms’’ have become a blend of cynicism spending. And such suppression constitutes best obtain financial competitiveness quick- and paternalism—attempts to rig the rules government rationing of political commu- ly by raising large sums from a few dedicated for partisan advantage or the advantage of nication, which is what most political spend- supporters. If today’s limits had been in incumbents’ or to protect the public from ing finances. Furthermore, in presidential place in 1968, Eugene McCarthy could not what the political class considers too much campaigns, limits on the size of contribu- have mounted his anti-war insurgency, political communication. Any additional tions make fund raising more difficult, which depended heavily on a few six-figure ‘‘reforms,’’ other than repeal of the existing which coerces candidates (at least those less contributions. As regards spending limits, ones, will make matters worse. flush than Forbes or Perot) into accepting the lower they are the better they are for in- public funding. Acceptance commits can- cumbents: incumbents are already well [From the Washington Post, Nov. 14, 1995] didates to limits on how much can be spent known and can use their public offices to GINGRICH’S HERESY in particular states during the nominating seize public attention with ‘‘free media’’— process, and on the sums that can be spent in news coverage. (By David S. Broder) the pre- and post-convention periods. The rage to restrict political giving and Speaker Newt Gingrich (R-Ga.) knew he Now, leave aside for a moment the ques- spending reflects, in part, the animus of lib- was headed into a test of wills with the tion of whether the ‘‘reformers’’ responsible erals against money and commerce. There president that might force a shutdown in the for all these restrictions remember the rule are, after all, other sources of political influ- government and boost his already high nega- that Congress shall make no law abridging ence besides money, sources that liberals do tive ratings. The last thing he needed was the freedom of speech. But why, in an era in not want to restrict and regulate in the in- another fight—especially one in which his which the United States has virtually elimi- terests of ‘‘equality.’’ Some candidates are position would guarantee denunciation from nated restrictions on pornography, is govern- especially articulate or energetic or phys- all respectable quarters. ment multiplying restrictions on political ically attractive. Why legislate just to re- Nonetheless, when Gingrich testified the expression? (Here is a thought rich in possi- strict the advantage of those who can make other day at a congressional hearing on cam- bilities: Would pornographic political expres- or raise money? Smith notes that one reason paign finance, he deliberately committed sion be unregulatable?) media elites are apt to favor restricting the heresy. He argued that too little money—not When reformers say money is ‘‘distorting’’ flow of political money, and hence the flow too much—is going into campaigns. the political process, it is unclear, as Smith of political communication by candidates, is The editorial pages and columnists issued says, what norm they have in mind. When re- that such restrictions increase the relative the predictable squawks. The speaker also formers say ‘‘too much’’ money is spent on influence of the unrestricted political com- took fire from the rear: The freshman Repub- politics, Smith replies that the annual sum munication of the media elites. licans who have been his shock troops were is half as much as Americans spend on yo- To justify reforms that amount to govern- in shock. They wanted to hear him say, as gurt. The amount spent by all federal and ment rationing of political speech, reformers everyone from Common Cause to Ross Perot state candidates and parties in a two-year resort to a utilitarian rationale for freedom regularly intones, that American politics is election cycle is approximately equal to the of speech: freedom of speech is good when it ‘‘awash’’ in special-interest money. annual sum of a private sector’s two largest serves good ends. This rationale is defen- That is the operative premise of all the fa- advertising budgets (those of Procter & Gam- sible; indeed, it has a distinguished pedigree. vorite ‘‘reforms’’: abolition of PACs (politi- ble and Philip Morris). If the choice of politi- But it has recently been repudiated in many cal-action committees); allowing only people cal leaders is more important than the of the Supreme Court’s libertarian from the home state or home district to con- choice of detergents and cigarettes, it is rea- construings of the First Amendment. Those tribute to a candidate; getting rid of ‘‘soft- sonable to conclude that far too little is decisions, taking an expansive view of the money’’ corporate contributions, which pay spent on politics. First Amendment in the interest of individ- for political party facilities and grass-roots The $700 million spent in the two-year elec- ual self-expression, have made, for example, operations. tion cycle that culminated in the November almost all restrictions on pornography con- All of this Gingrich challenged in his testi- 1994 elections (the sum includes all spending stitutionally problematic. And such libertar- mony on Nov. 2. The total amount spend on by general-election candidates, and indirect ian decisions generally have been defended House and Senate races in 1994 was $724 mil- party-building expenditures by both parties, by liberals—who are most of the advocates of lion—a record sum and shocking to many. and all indirect political spending by groups restrictions on campaign giving and spend- But the cost of 435 House races and 33 Senate such as the AFL–CIO and the NRA) amount- ing. campaigns was, he pointed out, roughly dou- ed to approximately $1.75 per year per eligi- But liberals of another stripe also advocate ble what the makers of the three leading ble voter, or a two-year sum of $3.50—about campaign restrictions. They are ‘‘political antacids budgeted for advertising last year. what it costs to rent a movie. In that two- equality liberals’’ rather than ‘‘self-expres- This is a scandal? year cycle, total spending on all elections— sion liberals.’’ They favor sacrificing some Ah, but it said, the candidates and office- local, state and federal—was less than $10 per freedom of speech in order to promote equal holders were forced to spend an inordinate eligible voter, divided among many can- political opportunity, as they understand amount of time dialing for dollars, going hat didates. And because of the limits on the size that. Such liberal egalitarians support in hand to prospective contributors. True of contributions, much of the money was not speech codes on campuses in the name of enough, but the main reason is that con- spent on the dissemination of political dis- equality of status or self-esteem for all tribution limits have not been adjusted for course but on the tedious mechanics of rais- groups, or to bring up to equality groups des- inflation in 21 years. In 1974 the limit on in- ing money in small amounts. Furthermore, ignated as victims of America’s injustices. dividual contributions was set at $1,000. That the artificial scarcity of money produced by Liberal egalitarians support restrictions on is worth $325 today. If you really want politi- limits on political giving and spending has pornography because, they say, pornography cians spending less time fund-raising, Ging- strengthened the incentive for the kind of deprives women of civic equality by degrad- rich suggested, lift that limit to $5,000 and spending that delivers maximum bang for ing them. And liberal egalitarians support index it for inflation. the buck—harsh negative advertising. restrictions on political expression in order If this were not heretical enough, the Does a money advantage invariably trans- to achieve equal rations of political commu- speaker had one other idea. Instead of think- late into political potency? Try telling that nication for all candidates. ing of campaign finance as a separate prob- to Forbes, who spent $440 per vote in finish- Prof. Martin Shapiro of the University of lem, screaming for solution, think about a ing fourth in the Iowa caucuses. True, the California’s Law School at Berkeley writes way to pay for the cost of politics that would June 25, 1996 CONGRESSIONAL RECORD — SENATE S6803 actually serve the interests of voters and of What is more striking is the extent to insists it despises the influence of wealth, governing. which the Democrats—the self-styled party and then resists liberalizing campaign con- Do that, he said, and you may find that the of the people—have begun to rely on afflu- tribution limits. best remedy is not to legislate limits on con- ence as the criterion for picking their Senate Rich men understand that. It’s too bad the tributions or spending but to enable greater candidates. reformers can’t figure it out. activity by the political parties—Repub- In Colorado, New Hampshire, South Caro- licans, Democrats and any third force that lina and Virginia, the favored candidates for [From the Washington Post, Jan. 31, 1996] may emerge to challenge them. the Democratic nomination are all men of ‘‘FRONTLINE’S’’ EXERCISE IN EXAGGERATION The biggest problem in our campaign fi- independent means, and in many cases, with- (By David S. Broder) nance system, he said, is the gross disparity out wealth would not be considered to have between what House incumbents can raise Senate credentials. In Illinois, North Caro- As if the cynicism about politics were not and what most challengers can muster. The lina, Oklahoma and Oregon, men of similar deep enough already, PBS’s ‘‘Frontline’’ last PACs are a big part of this problem for they backgrounds are given a chance of winning night presented a documentary called ‘‘So use their contributions to ensure access to nomination because of their bankrolls. It is YOU Want to Buy a President?’’ whose thesis legislators handling their issues. The PAC not a new pattern. Among the Democratic seems to be that campaigns are a charade, system, as Gingrich said, ‘‘has become an senators seeking reelection this year is John policy debates are a deceit and only money arm of the Washington lobbyists’’ and needs D. (Jay) Rockefeller IV of West Virginia, talks. to be reduced in significance. who spent more than $10 million of his own The narrow point, made by Sen. Arlen But limiting PAC contributions is likely to money to be elected in 1984. Specter (R–Pa.), an early dropout from the be an empty gesture. Increasingly, organized Retiring Sen. Bill Bradley (D-N.J.), a bank- 1996 presidential race, about millionaire pub- interest groups are mounting independent er’s son who earned big money as a New lisher Malcolm S. (Steve) Forbes Jr., is that expenditure campaigns, boosting their York Knicks basketball star, writes about ‘‘somebody is trying to buy the White House, friends and targeting their enemies, which the advantage wealth confers on a politician and apparently it is for sale.’’ they can do without limit. in his newly published memoir, ‘‘Time The broader indictment, made by cor- Since we cannot effectively stifle these Present, Time Past.’’ Bradley recounts how respondent/narrator Robert Krulwich, is that special-interest voices, Gingrich said, let us he decided he could afford to give or lend a Washington is gripped by a ‘‘barter culture’’ submerge them in appeals from the parties. quarter-million dollars to his first Senate in which politicians are for sale and public Increase substantially the limits on what campaign in 1978—about one-fifth of his policy is purchased by campaign contribu- people can give to political parties, he said. budget. ‘‘It assured me that I could compete tions. And allow those parties to contribute far even if I didn’t raise as much as I had The program rested heavily on a newly more than they do now to help challengers hoped,’’ he says. ‘‘With the existence of that published paperback, ‘‘The Buying of the offset the many advantages incumbents self-generated cushion, I was able to raise President.’’ Author Charles Lewis, the head enjoy—not only greater leverage on the more. When potential contributors see a of the modestly titled Center for Public In- PACs but all the staff, office and commu- campaign with money, they assume it’s well- tegrity, was a principal witness, and Kevin nications facilities that are provided at tax- run, and they are more likely to make con- Phillips, the conservative populist author payers’ expense. tributions. Everyone likes to be with a win- who wrote the book’s introduction, was also Barring such changes, Gingrich rightly ner, whether in basketball or politics.’’ a major figure in the documentary. said, we are almost certain to see a continu- Bradley points out that he was a piker It dramatized the view asserted by Lewis ation of the trend to millionaire candidates. compared with many of his colleagues. in the conclusion of his book: ‘‘Simply stat- Because the wealthy are allowed (by Su- ‘‘Four years later in New Jersey, Frank Lau- ed, the wealthiest interests bankroll and, in preme Court decision) to spend whatever tenberg, a wealthy computer executive with effect, help to preselect the specific major they wish on their own campaigns, the Sen- no elective experience, would spend over $3.5 candidates months and months before a sin- ate has become a millionaires’ club and the million of his own money to win a U.S. Sen- gle vote is cast anywhere. . . . We the people House is moving in the same direction. ate seat. . . . In Wisconsin in 1988, Herb Kohl have become a mere afterthought of those we All of this was a challenge to conventional promised to spend primarily his own money put in office, a prop in our own play.’’ wisdom. But Gingrich is not, in fact, alone. in his Senate campaign; $7.5 million later, he Viewers say a number of corporate execu- In the same week that he testified, the lib- won.’’ tives—no labor leaders, no religious leaders, ertarian Cato Institute and the liberal Com- Financial disclosure statements show that no activists of any kind, for some reason— mittee for the Study of the American Elec- at least 28 of the 100 sitting senators have a who have raised and contributed money for torate published essays arguing that the sup- net worth of $1 million or more—many of presidents and presidential candidates and ply of political money should be increased, them much more. Michael Huffington, a thereafter been given access at dinners, pri- not decreased. As Curtis Gans, the author of Texas oil man, spent $28 million of his own vate meetings or overseas trade missions. the latter study, pointed out, ‘‘The over- money in trying for a California Senate seat It is implied—but never shown—that poli- whelming body of scholarly research . . . in- in 1994—but still lost. The price is going up. cies changed because of these connections. Wealth is not a determinant of votes in the dicates that low spending limits will under- As Krulwich said in the transcript of a media Senate. There are liberals like Rockefeller mine political competition by enhancing the interview distributed, along with an advance and Ted Kennedy along with conservatives. existing advantages of incumbency.’’ tape, with the publicity kit for the broad- But wealth confers an unfair advantage in Gingrich has been accused of foot-dragging cast, ‘‘We don’t really know whether these the campaigns for the Senate, and makes it on the handshake agreement he struck with are bad guys or good guys. ... I’m not real- much harder than it should be for people of President Clinton last June to form a bipar- ly sure we’ve been able to prove, in too many tisan commission on campaign finance.* * * talent, but no wealth, to compete. The main reason for this disadvantage is cases, that a dollar spend bought a particu- lar favor. All we’ve been able to show is that [From the Washington Post, Jan. 17, 1996] the unrealistically low limit on individual contributions. The law, as Bradley notes, over and over again, people who do give a lot A SENATE OF MILLIONAIRES provides that ‘‘whereas a candidate could of money to politicians get a chance to talk (By David S. Broder) contribute as much of his own money as he to those politicians face to face, at parties, Want a perfectly safe bet on the November chose, he could accept individual contribu- on planes, on missions, in private lunches, election results? Bet that there will be even tions of only $2,000 from others—$1,000 of it and you and I don’t.’’ more millionaires in the U.S. Senate. for the primary and $1,000 for the general If that is the substance of the charge, the What once was called ‘‘The World’s Most election.’’ innuendo is much heavier. At one point, Exclusive Club’’ increasingly requires per- The contribution limits were set 22 years Krulwich asked Lewis, in his most disingen- sonal wealth as a condition for membership. ago and never have been adjusted; inflation uous manner, ‘‘Do you come out convinced The combination of rising campaign costs has eroded their value by two-thirds since that elections are in huge part favors for and foolishly frozen limits on individual con- then. Raising contribution limits is far down sale, or in tiny part?’’ tributions has increased the advantage of the list of proposals of most campaign fi- And Lewis replied that while ‘‘there are a self-financed candidates. The 1996 candidate nance reformers; many want to freeze them lot of wealthy people that do want to express lists are full of them. or reduce them. broad philosophical issues,’’ the ‘‘vested in- In Georgia, for example, all three Repub- But all the contribution limits are accom- terests that have very narrow agendas that licans seeking nomination to the vacancy plishing today is to create an ever-greater they want pursued see these candidates as created by the retirement of Democratic advantage for self-financed millionaire can- their handmaidens or their puppets. The Sen. Sam Nunn are men of substantial didates. Steve Forbes’s rivals in the Repub- presidential campaign is not a horse race or means. In Minnesota, former Republican sen- lican presidential race are complaining that a beauty contest. It’s a giant auction.’’ ator Rudy Boschwitz, a wealthy retired busi- his wealth is tilting the odds in the contest, That is an oversimplified distortion that nessman, is trying to reclaim the seat he where he is the only one who is paying his can do nothing but further alienate a cynical lost to populist professor Paul Wellstone six own way and therefore spending as much as electorate. Of course, money is an important years ago. And in a half-dozen other states, he wants. But the Senate picture is not very ingredient in our elections and its use de- Republicans either have or are trying to re- different. serves scrutiny. But ideas are important too, cruit challengers who can afford to pay their If we really want to be ruled by a wealthy and grass-roots activism even more so. The own way. elite, fine; but it is a foolish populism that Democratic Leadership Council’s Al From S6804 CONGRESSIONAL RECORD — SENATE June 25, 1996 and the Heritage Foundation’s Robert Rec- reformers’ scathing rhetoric, rooting out The campaign finance reform debate, in tor have had more influence in the last dec- these special interests is a job for a new Sen- particular, is advanced on the premise that ade than any fund-raisers or contributors, ate Committee on Un-American Activities. special interest influence is pervasive, corro- because candidates have turned to them for In fact, the special interest tag depends on sive, and must be abated at all costs. But the policy advice. the viewer’s vantage point rather than on cost of the alleged reforms in terms of con- John Rother of the American Association any objective criteria. So-called good gov- stitutional freedom for all Americans is of Retired Persons and Ralph Reed of the ernment groups would have people believe high. And the special interest premise is Christian Coalition work for organizations that the antonym is ‘‘public’’ interest—as deeply flawed. So the next time you hear that are nominally nonpartisan and make no defined by them. These groups usually con- someone hail campaign finance reform as the campaign contributions at all. But their strue good government to mean big govern- answer, ask them what is the question. And membership votes—so they have power. ment and therefore deem big government to when they say special interest influence is The American political system is much be in the public interest. By this logic, oppo- the problem, ask them: What is a special in- more complex—and more open to influence sition to any government regulation or tax terest? by any who choose to engage in it—than the virtually guarantees a special interest proponents of the ‘‘auction’’ theory of de- charge. [From USA Today, June 11, 1996] mocracy understand, or choose to admit. Capitalism should not be a dirty word in a By exaggerating the influence of money, free society, but having observed the enmity DISASTER FOR TAXPAYERS, CANDIDATES they send a clear message to citizens that directed toward its practitioners in many [By Mitch McConnell] the game is rigged, so there’s no point in quarters, one could reasonably wonder. Some The most talked-about campaign-finance playing. That is deceitful, and it’s dan- nonprofit so-called ‘‘good government’’ schemes are unconstitutional, undemocratic, gerously wrong to feed that cynicism. groups readily pin the special interest label Especially when they have nothing to sug- on profit-seeking enterprises. Yet behind bureaucratic boondoggles. Further, their gest when it comes to changing the rules for corporate balance sheets are employees, fam- sponsors think taxpayers should foot the the money game. ilies, shareholders and communities of which bill. And for good measure, these ‘‘reform’’ At one point, Phillips said that the post- they are part. schemes also would greatly increase the Watergate reforms succeeded only in having Does the special interest connotation ex- power of the media. ‘‘forced them [the contributors and politi- tend to employees and their families? To the Perhaps that is simply a fortunate happen- cians] to be more devious.’’ That is untrue. legions of Americans whose retirement funds stance for the liberal newspapers pushing Those reforms, which mandated the disclo- and investments are keyed to the stock mar- them. In any event, the media clearly have a sure of all the financial connections on ket? By such extrapolation does the ‘‘special ‘‘special interest’’ in campaign finance ‘‘re- which the program was based, also created interest’’ smear cut a wide swath. forms’’ which would increase their power by publicity which, even Krulwich and Co. ad- What happens when a purported public in- limiting the speech of every other partici- mitted, foiled the ‘‘plots’’ of some contribu- terest organization is funded by a group that pant in the political process. tors. is universally regarded as a ‘‘special inter- Because political campaigns exist to com- And Krulwich, for his part, suggested very est,’’ such as the plaintiffs’ lawyers? Are we municate with voters, the U.S. Supreme helpfully that ‘‘every high-profile politician to conclude that the special interest in this Court ruled two decades ago that campaign agrees that some things have got to change. instance is subsumed in the nobler public in- spending must be accorded First Amendment Change the limits. Change the rules. Change terest? Or is the public interest group simply protection. Ergo, campaign spending limits the primaries. Change the ads. Change en- laundering the special interest influence are unconstitutional speech limits. forcement. You gotta change something.’’ money and acting as a front organization? Or The simple fact is that communication How about changing the kind of journalism is it merely coincidence when their interests with America’s nearly 200 million eligible that tells people that politicians are bought- converge on, say, lawsuit reform? voters is expensive. For instance, one full- and-paid-for puppets and you’re a sucker if Most people would probably conclude that page color campaign ad in a Friday edition you think there’s a damn thing you can do to a special interest is contrary to the majority of USA TODAY would cost $104,400. Tele- make your voice heard? interest. Should special interest be defined vision and mail are also essential means of as being not immediately relevant to more communicating with voters. Mr. MCCONNELL. Mr. President, than 49.9 percent of American citizens? Must These are expensive venues, but they are over the years working on this issue I its membership comprise a majority of the the only way to reach all the voters in large, have written several pieces which I ask country to be legitimate? If so, such a quali- modern electorates. Limiting campaign unanimous consent to have printed— fication should be carefully pondered, as spending would limit political discourse by ‘‘special interests’’ could be equated with one in the Washington Post and one in candidates, thereby enhancing the power of any narrow or minority interest, thus auto- the USA Today—in the RECORD. the media. That is bad public policy. There being no objection, the mate- matically tarnishing what could be a very worthy cause. For all the whining, the fact is that con- rial was ordered to be printed in the Being a senator from Kentucky, I regularly gressional campaign spending (less than $4 RECORD, as follows: go to bat for Kentucky industries (and their per eligible voter in 1994) is paltry relative to what Americans spend on consumer items [From the Washington Post, Feb. 21, 1996] employees, suppliers and subcontractors) threatened by onerous regulations and tax- like bubble gum and yogurt. JUST WHAT IS A SPECIAL INTEREST? ation. These industries may, in the minds of What we should do is adjust the individual (By Mitch McConnell) some people, epitomize ‘‘special interest.’’ contribution limit for inflation. President Clinton, in his State of the To me, they and the Kentuckians whose live- The contribution limits candidates must Union address, beseeched Congress to enact lihoods depend on them are constituents, and abide by in 1996 were set over two decades campaign finance reform to reduce ‘‘special my assistance to them is in the public’s in- ago (when a new Ford Mustang cost $2,700). interest’’ influence. Campaign finance re- terest. These inflation-eroded limits benefit the forms that the president favors would con- Is a Pacific Northwest lumber company well-off (rich candidates who can fund entire strict fundamental democratic freedoms to automatically a special interest? The compa- campaigns out of their own pockets) and the participate in the political process. In other ny’s employees? How about the Washington- well-known (principally incumbents) who words: speech would be limited and some based environmentalists who would sacrifice have a large base from which to draw con- citizens’ freedom to participate in elections jobs and disrupt human lives for the sake of tributions. beyond voting would be ‘‘reformed’’ out of an owl? Are owls special interests? Enhanced public disclosure of all cam- existence based on their alleged status as The truth is that the special interest label paign-related spending is also a worthy re- ‘‘special interests.’’ But if ‘‘special interest’’ is a political weapon utilized, often reflex- form that would enable voters to make in- is not defined, how are we to know just ively and perhaps thoughtlessly, by people formed decisions on Election Day. whose influence should be curbed? throughout the ideological spectrum. It can By comparison, the so-called ‘‘good govern- Judging from the fervent bipartisan (and be found in statements I have made in the ment’’ groups’ campaign-finance schemes third party) scorn heaped on ‘‘special inter- past. Using it is a hard habit to break. Nev- would be disasters. Delay is preferable to the ests,’’ the casual observer would logically as- ertheless, in the interest of more honest and enactment of such constitutional monstros- sume that this scourge of democracy was civil public discourse, the invocation of the ities. readily identifiable. The Congressional ‘‘special interest’’ mantra to propel a reform Record, newspaper editorials and campaign agenda or wound an opponent is a habit that Mr. MCCONNELL. Mr. President, speeches are replete with diatribes against should be broken. some information about the cost to the the ‘‘special interests.’’ A recent search of All Americans have a constitutional right Postal Service, estimated by this post- newspapers on the Nexis database found to petition the government and participate al rate subsidy, and I ask unanimous more than 60,000 articles and editorials con- in the political process, however unpopular consent that be printed in the RECORD. taining the phrase ‘‘special interest.’’ the cause or narrow its appeal may be. ‘‘Special interest’’ is the most pejorative Americans do not forfeit those rights be- There being no objection, the mate- phrase in the American political lexicon cause they have been tagged with the special rial was ordered to be printed in the since ‘‘communist-pinko.’’ Judging from the interest label. RECORD, as follows: June 25, 1996 CONGRESSIONAL RECORD — SENATE S6805 U.S. POSTAL SERVICE, able to price its products competitively. It the candidate spending limits is not— Washington, DC, June 24, 1996. cannot do this if costs are arbitrarily added as the Senator from Wisconsin stated Hon. MITCH MCCONNELL, to its rate base. Legislation such as this en- yesterday—that candidates who did not U.S. Senate, Washington, DC. dangers the financial base of the Postal comply with spending limits would be DEAR SENATOR MCCONNELL: I am writing to Service and the service it can provide to voice my concerns about campaign finance American businesses and consumers. giving up benefits they do not cur- reform legislation, S. 1219, which would place Again, we urge you to vote no on the clo- rently enjoy such as the 50 percent dis- an unfair financial burden on the Postal ture motion. count and the free TV time. What Service and its ratepayers. Sincerely, makes the provision unconstitutional Let me first say that the Postal Service RICHARD BARTON. is the severe handicapping candidates takes no position on the general merits of would experience if they did not com- campaign finance reform. This issue appro- NATIONAL ASSOCIATION OF ply with the limits. priately rests with the Congress. However, S. BROADCASTERS, 1219, as well as several other campaign fi- Washington, DC., June 24, 1996. This is a crucial distinction from the nance reform bills in the House and Senate, Hon. MITCH MCCONNELL, presidential system. Steve Forbes did provide for reduced postage rates for eligible U.S. Senate, not have to pay twice as much for TV candidates. These bills do not contain a Washington, DC. ads as the complying presidential can- funding mechanism through which the Post- DEAR SENATOR MCCONNELL: First, I would al Service would be reimbursed for the dif- like to thank you for the leadership role you didates. He did not forego free time and ference between regular rate postage and the have taken in opposing S. 1219, the campaign Bob Dole’s spending limit did not in- reduced rate used by the candidates. In es- finance reform legislation introduced by crease when independent expenditures sence, the legislation creates an unfunded Senators John McCain and Russ Feingold. were made against him. And his spend- mandate, and the costs would have to be ab- As originally introduced, this legislation ing limit did not increase when Forbes sorbed by our customers, the postal rate- would require broadcasters to offer qualified spent over the limit. Had the presi- Senate candidates an additional 50% dis- payers. Testimony at campaign finance re- dential system had the inducements of form hearings estimated the reduced postage count off the discounted television advertis- costs for S. 1219 to be $50 million per elec- ing rates candidates currently receive. The the McCain-Feingold bill, Steve Forbes tion. Estimates for other campaign finance legislation further requires broadcasters give might very well have elected not to get bills with reduced postage provisions range candidates free advertising time. We believe into the race, at all. from $50 to $150 million per election. these provisions are unconstitutional and It simply would not make sense for a I would also like to point out that it is impose significant financial burdens on local very unlikely that the Postal Service and its broadcasters and we must oppose the legisla- candidate not to comply with the customers would be made whole even if a tion. McCain-Feingold bill unless he or she funding mechanism were included in cam- We understand Senators McCain and were so extraordinarily wealthy they paign finance reform legislation. After years Feingold have introduced a substitute to S. could spend many times the spending of underfunding our annual appropriation for 1219. At your request we have reviewed the limit for their own wallet. So you Congressionally mandated reduced rate broadcast provisions of the substitute. We could have two extreme types of cam- have done so and have determined that for mailings, Congress enacted the 1993 Revenue paigns under McCain-Feingold—very Forgone Reform Act. In eliminating future the most part the broadcast provisions are funding for reduced rate mailings, this law the same as those in S. 1219. There is, how- low spending ones complying with the mandates that the Postal Service receive a ever, new language in the broadcast section limits and extremely expensive cam- series of 42 annual appropriations of $29 mil- which causes us great concern. paigns. What would disappear is the lion as partial reimbursement for past fund- The new provision would give to the U.S. middle ground—not as cheap as the ing shortfalls. Even this ‘‘partial’’ relief is Court of Federal Claims exclusive jurisdic- McCain-Feingold model but not at the now threatened as our House Treasury, Post- tion over challenges to the constitutionality extreme high-end, either. al Service, and General Government Appro- of the broadcast rate and free time provi- priations Subcommittee proposed that this sions. Further, by its terms it precludes any If you looked long and hard enough appropriation be reduced by over $5 million injunctive relief, providing only for money and had common cause and public citi- during their markup of our FY ’97 appropria- damages. It is unclear whether this is an at- zen helping, even a tiny needle in a tions bill. tempt to somehow deny us the opportunity giant haystack could be found. And so I recognize the importance of the campaign to bring a First Amendment claim against it is that at long last—after a decade of finance reform issue in Congress this year, these provisions. No other section of the bill and it is with reluctance that I express these appears to have the same requirement and debate on this scheme—some people concerns to you. Nonetheless, S. 1219, as well we do not understand why the broadcast pro- with law degrees have been located to as others, would offer political candidates re- visions are given a different avenue for judi- say the McCain-Feingold/common duced postage costs at the expense of the cial review. cause spending limit structure is con- Postal Service and its customers. I urge you We must oppose the substitute to S. 1219, stitutional. How expert they are re- and your colleagues to identify alternate and we continue to support your efforts in mains to be seen and their submittals opposing this legislation. If I can be of fur- provisions that would not require postal on the subject will certainly be scruti- ratepayers to bear the burden of campaign fi- ther assistance, please do not hesitate to nance reform. phone. nized. Best regards, Sincerely, In any event objective liberals and MARVIN RUNYON. EDWARD O. FRITTS, conservatives can agree that the Amer- President. ican Civil Liberties Union is the reposi- DIRECT MARKETING ASSOCIATION, INC., Mr. MCCONNELL. Mr. President, tory of expertise on first amendment Washington, DC, June 19, 1996. calling the McCain-Feingold voluntary issues. The ACLU led, and triumphed, Hon. MITCH MCCONNELL, does not make it so, its proponents in the fight against mandatory spend- U.S. Senate, Washington, DC. protestations to the contrary. Anyone DEAR SENATOR MCCONNELL: It now appears ing limits 20 years ago in the Buckley that S. 1219, campaign finance legislation who dared not to comply with its vol- versus Valeo case. And the ACLU will sponsored by Senators McCain and Feingold, untary limits would have to: pay twice be in front again—along side me— is scheduled for debate next week. as much as their opponent for TV ads should anything resembling the We strongly urge you to cast a no vote on and more for postage; with half the McCain-Feingold bill ever become law. the cloture motion that will be offered dur- contribution limit; and forgo 30 min- The ACLU is singularly focused on con- ing the debate. utes of free time. As I have written to you before, DMA is op- stitutional freedom and has probably All this and their complying oppo- aggravated just about everybody at posed to S.1219, largely because of the provi- nent’s spending limit would be in- sions for low cost mailings for Senatorial sometime with unpopular stands. But candidates, without compensation to the creased up to 100 percent to counteract they have a remarkable record of suc- Postal Service for lost revenues. any excessive spending. Moreover, the cess in this area. We estimate that, should the House pass complying candidate could spend un- similar legislation, these provisions could limited amounts to counteract—dollar- At this point I will read excerpts cost the Postal Service as much as $350 mil- for-dollar—independent expenditures. from the ACLU’s testimony—given by lion dollars over a two-year election cycle. So I say again, technically, mugging professor and Buckley versus Valeo at- Every penny of this will ultimately come out victims had options, too. That does not torney Joel M. Gora—before the Senate of the pocket of the businesses and consum- mean that handing over their wallets Rules Committee on February 1 of this ers who use the mails. year. The Postal Service finds itself in an in- to muggers were voluntary acts. And I creasingly competitive environment. In should stress here that the essential The provision for ‘‘voluntary’’ spending order to survive, the Postal Service must be point in regard to the voluntariness of limits in Senate campaigns violates the free S6806 CONGRESSIONAL RECORD — SENATE June 25, 1996 speech principles of Buckley v. Valeo. The contributions and expenditures—is regula- paigns, is an attempt to coerce what the law outright ban and severe fall back limitations tion of political speech and subject to the cannot command: limitations on overall on PACs violate freedom of speech and asso- strictest constitutional scrutiny. The Act’s campaign expenditures and on the use of per- ciation, as do the limitations on ‘‘bundling.’’ limitations on political expenditures—by sonal funds for a candidate’s own campaign. The unprecedented controls on raising and committees, campaigns and candidates, no It is a backdoor effort to impose campaign spending ‘‘soft money’’ by political parties matter how wealthy—flatly violated the spending limits—which inevitably benefit in- and even non-partisan groups intrude upon First Amendment. Nothing can justify the cumbents—in violation of the essential free First Amendment rights in a manner well government telling the people how much speech principles of Buckley v. Valeo and the beyond any compelling governmental inter- they could spend to promote their can- doctrine of unconstitutional conditions. And est. The revised provisions governing the didacies or causes. Not in this country. it should be observed that what triggers ben- right to make independent expenditures both Nothing. ‘‘In the free society ordained by our efits for some candidates and burdens for improperly obstruct that core area of elec- Constitution it is not the government, but others is not that a candidate approaches or toral speech and impermissibly invade the the people—individually as citizens and can- exceeds relevant spending limits, but simply absolutely protected area of issue advocacy. didates and collectively as associations and refuses to agree to be bound by them. The reduced recordkeeping threshold for political committees—who must retain con- The ACLU believes that the receipt of pub- contributions and disbursements, from $200 trol over the quantity and range of debate on lic subsidies or benefits can never be condi- down to $50, invades associational privacy. public issues in a political campaign.’’ Buck- tioned on surrendering constitutional rights. And the new powers given to the Federal ley v. Valeo, 424 U.S. 1,57 (1976). To do so would be to penalize the exercise of Election Commission to go to court in the Nor could the Congress try to help ‘‘equal- those rights. See Perry v. Sindermann, 408 midst of a campaign to enjoin ‘‘a violation of ize’’ political speech and the ability to influ- U.S. 593, 597 (1972); FCC v. League of Women this Act’’ pose an ominous and sweeping ence the outcome of elections by imposing Voters, 468 U.S. 364 (1984). Since candidates threat of prior restraint and political censor- restraints on some speakers: ‘‘. . . the con- have an unqualified right to spend as much ship. cept that government may restrict the as they can to get their message to the vot- S. 1219 suffers from many of the same flaws speech of some elements of our society in ers, and to spend as much of their own funds as the original statute at issue in v. Buckley order to enhance the relative voice of others as they can, and to raise funds from support- Valeo. There the ACLU contended that the is wholly foreign to the First Amendment.’’ ers all over the country, they cannot be Federal Election Campaign Act of 1974 was Buckley v. Valeo, 424 U.S. at 48–49. made to surrender those rights in order to bad constitutional law because it cut to the Unfortunately, the decision in Buckley receive public benefits. heart of the First Amendment’s protections upheld the Act’s contribution limits of $1,000 In Buckley the Court suggested that Con- of political freedom. It limited the ability of for individuals and $5,000 for political com- groups and individuals to get their message gress could establish a system whereby can- mittees. The Court did this because of its didates would choose freely between full pub- across to the voters. The very essence of the stated concern that unlimited gifts to can- First Amendment is the right of the people lic funding with expenditure limits and pri- didates was a recipe for corruption, a ruling vate spending without limits, ‘‘as long as the to speak, to discuss, to publish, to join to- that ensured the two decades of frustration gether with others on issues of political and candidate remains free to engage in unlim- and unfairness that have ensured. With no ited private funding and spending instead of public concern. This constitutional protec- limits on overall campaign spending or on tion of the right of the people to join to- limited public funding.’’ Republican National wealthy candidates, and with independent Committee v. Federal Election Commission, 487 gether to form groups and organizations and campaign committees, issues groups and the societies and associations and unions and F. Supp. 280, 284 (S.D.N.Y.), aff’d mem., 445 press free to use their resources to comment U.S. 955 (1980). See Buckley at 57, n. 65. Con- corporations to articulate and advocate their on candidates and causes without limit; but interests is the genius of American democ- trary to its supporters’ claims, S. 1219 does with less well-funded candidates hampered in not establish such a regime of voluntary racy. And this is particularly vital in con- their ability to raise money from family, nection with political election campaigns campaign spending limits. Rather, the bill friends and supporters, the stage was set to denies significant benefits to and imposes when issues, arguments, candidates and make two factors dominant: the advantages causes swirl together in the public arena. burdens on those candidates who refuse to of incumbency and the dependency on PACs. agree to limit their campaign expenditures, Yet, the 1974 Act imposed sweeping and Dra- The advantages of incumbency meant that conian restraints on the ability of citizens while conferring a series of advantages upon public resources such as franking privileges, those candidates who agree to the limits. and groups, candidates and committees, par- government funded newsletters and free tele- ties and partisans to use their resources, to First, by banning PAC contributions en- vision coverage (C-Span) made it easier for tirely, the bill makes it more difficult for make political contributions and expendi- Members of Congress to communicate with tures, to support and embody their freedom candidates to raise and spend money at all, the voters, while challengers have to spend which will make them more susceptible to of speech and association. restricted amounts of money in order to The ACLU also insisted the Act was poorly accepting the expenditure and other limita- achieve the same visibility. tions. Candidates who refuse to accept spend- crafted ‘‘political restructuring’’ rather than The dependency on PACs resulted from se- ing limits have to work harder to raise funds real ‘‘political reform’’ because it exacer- vere limitations on the amounts of money because the limits on contributions to their bates the inequality of political opportunity, that individuals can contribute directly to opponents are raised automatically from enhances dependence upon money and candidates, coupled with the markedly in- $1,000 to $2,000. And then such disfavored can- moneyed interests in politics and magnifies creased cost of campaigning, which made didates have to pay full rates for broadcast- the power of incumbency as the single most PAC contributions a very important source ing and postage. Finally, the expenditure significant factor in politics. Limits on giv- of campaign funding. And the individual con- ceilings of their opponents are raised by 20% ing and spending make it harder for those tribution limit was kept at $1,000, which, ad- to make it easier to counter the messages of subject to the restraints to raise funds and justed for inflation, is probably worth about ‘‘non-complying’’ candidates. easier for those outside the restraints to $400 in real dollars today. bring their resources to bear on politics. That is why for twenty years candidates In short, this scheme does everything pos- Limiting individual contributions to $1,000 have had to look more to PACs order to raise sible to help the candidate who agrees to per candidate, while allowing PACs, made le- funds and incumbents, in particular, have spending limits to overwhelm the candidate gitimate by the ‘‘reforms,’’ to contributes had an easier ability to do so. who does not. That is not a level playing $5,000 per candidate, would make it harder to And for twenty years, the ACLU has sug- field. raise money from individuals and make can- gested the way to solve these various dis- Indeed, in Buckley the Court upheld public didates more dependent on PACs. And PACs, parities and dilemmas is to expand political funding of Presidential campaigns because often representing entrenched interests, participation, by providing public financing its purpose was ‘‘not to abridge, restrict or would be more likely, though far from inevi- or support for all legally qualified can- censor speech, but rather to use public tably, to prefer incumbents to challengers as didates, without conditions and restrictions, money to facilitate and enlarge public dis- beneficiaries of their largesse. The Act would not to restrict contributions and expendi- cussion and participation in the electoral stifle not expand political opportunity. What tures which enable groups and individuals to process, goals vital to a self-governing peo- you had, we warned, was an unconstitutional communicate their message to the voters. ple.’’ 424 U.S. at 92–93. S. 1219 fails this test, law, enacted by Congress, approved by the Unfortunately, in all of its critical aspects, for its purposes and effect are to limit President, enforced by an agency, the Fed- S. 1219, The Senate Campaign Finance Re- speech, not enhance it. Recent cases have in- eral Election Commission, beholden to each, form Act of 1995 fails to facilitate broader validated other schemes for making can- and designed to restrain the speech and asso- political participation and it also unconsti- didates ‘‘voluntarily’’ agree to expenditure ciation of those who would criticize or chal- tutionally abridges political expression. and other restraints by penalizing those who lenge or oppose the elected establishment. Mr. President, the proponents of this do not, see Shrink Missouri Government PAC v. Maupin,—F.3d—, 64 Law Week 2409 (8th Cir. Talk about the powers of incumbency. That’s bill are very mistaken if they believe why we called the Act an ‘‘Incumbents Pro- 1995) (restricting funding sources of those tection Act.’’ the spending limits are constitutional. who refuse to agree to abide by expenditure In Buckley v. Valeo, the Supreme Court The ACLU differs: limits violates the First Amendment) (‘‘We held that any government regulation of po- Title I of the bill, providing ‘‘spending lim- are hard-pressed to discern how the interests litical funding—of giving and spending, of its and benefits’’ for Senate election cam- of good government could possibly be served June 25, 1996 CONGRESSIONAL RECORD — SENATE S6807 by campaign expenditure laws that nec- ‘‘Elimination of Political Action Commit- of PACs which suggests that the Court would essarily have the effect of limiting the quan- tees from Federal Election Activities’’ and uphold a total ban on PAC contributions to tity of political speech in which candidates which bans PAC political activity, is flatly federal candidates. Political contributions for public office are allowed to engage.’’ Id. unconstitutional. In outlawing all political are fundamentally protected by the First at—); expenditures and contributions ‘‘made for Amendment, as embodiments of both speech Moreover, even if the Act did create a level the purpose of influencing an election for and association. PACs do amplify the politi- playing field, the incumbent starts the game Federal office’’—except those made by politi- cal voices of their contributors and support- 10 points ahead because of greater fund-rais- cal parties and their candidates,—Section 201 ers across the entire spectrum of American ing ability, name recognition, access to the of the bill cuts to the heart of the First politics, and the Court is not likely to let news media and other benefits of incum- Amendment’s protection of freedom of polit- you still all those voices. bency. All things being equal, the incumbent ical speech and association. It gives a perma- Moreover, banning PAC contributions is starts out ahead. Any law which imposes fi- nent political monopoly to political parties futile as a reform. All the PAC money that nancial penalties and disincentives on speech and political candidates, and would silence cannot be contributed directly to candidates because of the interaction between the sta- all those groups that want to support or op- will go instead into an upsurge of independ- tus of the speaker and the content of the pose those parties and candidates. ent expenditure campaigns for favored or speech is constitutionally suspect. See Simon ‘‘PACs’’ of course have become a political against disfavored candidates. & Schuster, Inc. v. Members of the New York dirty word. We tend to think of the real es- BANNING PAC EXPENDITURES State Crime Victims Board, 502 U.S. 105 (1991) tate PACs or the Trial Lawyers’ PAC or the (law improperly escrowed profits from The Supreme Court made it clear that insurance and medical PACs or the tobacco- independent PAC expenditures are at the writings about a criminal’s crime); United related PACs. But the ACLU’s first encoun- States v. National Treasury Employee’s Union, core of the First Amendment and totally off ter with a ‘‘PAC’’ was when we had to defend limits to restrictions. Federal Election Com- 516 U.S.—(1995) (invalidating overbroad hono- a handful of old-time dissenters whom the rarium ban on moonlighting speeches and ar- mission v. National Conservative Political Ac- government claimed were an illegal ‘‘politi- tion Committee, 470 U.S. 480 (1985). It may be ticles by federal employees). Schemes of pub- cal committee.’’ The small group had run a lic benefits for political action which are a little less tidy to run an independent cam- two-page advertisement in The New York paign, than to write a check to your favored structured in such a fashion that the govern- Times, urging the impeachment of President ment seems to be showing favoritism to cer- candidate, but PACs will adapt. They’re good (and re-election candidate) Richard Nixon at that. And little will have been gained-ex- tain categories of candidates and penalizing for bombing Cambodia and praising those others also have been held to be a form of cept making it harder for candidates to raise few hardy Members of Congress who had money since you will have deprived them of unconstitutional political discrimination, voted against the bombing. In the summer of violative of both free speech and equality a major source of resources, without provid- 1972, before the ink was dry on the brand new ing any alternatives. Candidates of moderate principles. See Greenberg v. Bolger, 497 F. Campaign Act of 1971, the Justice Depart- Supp. 756, 774–78 (E.D.N.Y. 1980) (preferential means will be particularly vulnerable to ment used that ‘‘campaign reform’’ law to campaigns by personally wealthy opponents. mailing rates for major parties struck down haul the little group into court, label them a REDUCING PAC CONTRIBUTIONS as violative of the First Amendment); Rhode ‘‘political committee’’ and threaten them Island Chapter of the National Women’s Politi- with injunctions and fines unless they com- The ‘‘fallback’’ provision, which goes into cal Caucus v. Rhode Island State Lottery plied with the law—all for publicly speaking effect when the flat ban is ruled unconstitu- Comm’n, 609 F. Supp. 1403, 1414 (D.R.I. 1985) their minds on a key political issue of the tional, as it surely will be, would lower PAC (allowing major parties but not other groups day. The Court of Appeals quickly held that contributions from $5,000 to $1,000 per can- to conduct fundraising lottery events vio- the group was an ad hoc issue organization, didate per election. This might be a closer lated the First Amendment); McKenna v. not a covered ‘‘political committee.’’ But we constitutional question. But the Court threw Reilly, 419 F. Supp. 1179, 1188 (D.R.I. 1976) got an early wake-up call on what ‘‘cam- out a $250 limit on contributions to a ref- (state parties’ allocation of tax check off paign reform’’ really meant. erendum campaign committee. See Committee funds to endorsed candidates and exclusion Of course, ‘‘real’’ PACs, i.e., those that Against Rent Control v. Berkeley, 454 U.S. 290 of funds to unendorsed candidates violated give or spend money to or on behalf of fed- (1981). Indeed, just recently the Eighth Cir- First Amendment). eral candidates, come in all sizes and shapes. cuit likewise invalidated a $300 contribution Finally, some of the strings attached to They can be purely ideological or primarily limitation for donations to statewide can- the benefits offered would impose unprece- self-interested, or both simultaneously. And didates. Carver v. Nixon, — F.2d — ,64 Law dented controls on political speech by dictat- they span the political spectrum. Labor Week 2407 (8th Cir. 1995). And Meyer v. Grant, ing the format of campaign speech. The re- PACs were organized first, in the 1940’s, usu- 486 U.S. 414 (1988) held that people had a quirement that free air time cannot be used ally to provide funds, resources and person- right to spend money to hire others to gath- for campaign commercials of less than 30 nel to assist political candidates, usually er election petition signatures, strongly re- seconds is an impermissible interference Democrats. Corporate PACs came on line in affirming the right of a person to use his or with the content of political speech. See her resources to enlist others to advance McIntyre v. Ohio Election Commission, 115 S. the early 1970’s, usually on the Republican side. And both corporate and labor PACs their causes. In any event, this provision is Ct. 1511, 1518 (1995). The only conceivable fatally overbroad because it treats all PACs purpose for this restriction is that Congress were legitimized and liberated by the ‘‘re- forms’’ of the FECA, which allowed those alike, even those made up only of small con- thinks 10 second spot commercials are politi- tributors. cally objectionable. That is the kind of con- and all other PACs to contribute five times as much money to federal candidates as indi- Finally, apart from the First Amendment tent-based judgment that Congress cannot issues, what purpose is served by reducing make, even when it is conferring a benefit; viduals could. All this turned the Federal Election Campaign Act into the PAC Magna the ability of candidates to raise money nor can Congress compel the structure of without providing alternatives? speech in that fashion. See McIntyre, supra; Carta Act. Wooley v. Maynard, 430 U.S. 705 (1977); Riley v. We think all that PAC activity is simply a Mr. President, earlier I mentioned National Federation of the Blind, 487 U.S. 781, reflection of the myriad groups and associa- Col. Billie Bobbit (USAF), the EMILY’s 797 (1988). tions that make up so much of our political List member who is quiet certain the The McIntyre and Riley decisions also call life. And so many of them are an effective first amendment protects her right to into question the provisions of the Bill (Sec- way for individuals to maximize their politi- participate in elections via bundling. tion 302, Campaign Advertising) that man- cal voice by giving to the PAC of their Colonel Bobbitt’s instincts are right on date certain specific identifications and dis- choice. While many PAC contributors and closures in the text of print, display or supporters probably do fit the stereotype of the mark as the ACLU testimony ob- broadcast political advertisements. In McIn- the glad-handing, Washington-based influ- serves: tyre the Court reaffirmed the historic right ence peddler, millions of PAC supporters BUNDLING of political anonymity and invalidated a re- contribute less than $50 and expect nothing The same objections pertain to the ban on quirement that leaflets on referenda issues from the candidates in return. Indeed, for ‘‘bundling’’ of individual PAC contributions. state the name of the person responsible for millions of Americans, writing a check to This fallback proposal would abridge free- the publications. And in Riley, the Court the candidate, committee or cause of their struck down a compulsory disclosure state- dom of association which the Supreme Court choice is a fundamental political act, second has recognized as a ‘‘basic constitutional ment on charitable solicitation literature, in importance and meaning only to voting. finding a violation of the settled principle freedom.’’ Kusper v. pontikes, 414 U.S. 51, 57 Proposals to restrict, restrain or even re- (1973). And the Court has pointedly observed that the First Amendment encompasses ‘‘the peal PACs would suppress the great variety decision of both what to say and what not to that ‘‘the practice of persons sharing com- of political activity those PACs embody. mon views banding together to achieve a say.’’ 487 U.S. at 797. Most of those proposals are doomed to defeat 2. The complete ban on, as well as the ‘‘fall- common end is deeply embedded in the as unconstitutional. All of them are doomed American political process.’’ Citizens Against back’’ restrictions of, Political Action Commit- to defeat as futile. tees are invalid under clear Supreme Court Rent Control v. Berkeley, 454 U.S. 290, 294 precedent. BANNING PAC CONTRIBUTIONS (1981). The practice of bundling reflects Subtitle A of Title II, the Draconian provi- There is not a word in Buckley v. Valeo or broad issue support to a candidate, indicat- sion which proudly proclaims that it enacts any of the other relevant cases on regulation ing that continued support is dependent on S6808 CONGRESSIONAL RECORD — SENATE June 25, 1996 continued adherence to the views rep- to citizens all over the nation. When such is- no to government dependents.’’) should be a resented by the group. The proposed bill sues become central in certain campaigns, welcome development, rather than the tar- would severely restrict ideological groups people and groups from all over the country get for new and overbearing regulatory re- like Emily’s List, which have made a critical should be entitled to have their views and strictions. It is also a constitutionally-de- contribution to expanding political oppor- voices heard on those issues. Any other ap- rived right: ‘‘. . . Discussion of public issues tunity and opening up political doors to can- proach takes a disturbingly insular and iso- and debate on the qualifications of can- didates and groups so long excluded. lated view of political accountability and the didates are integral to the operation of the RECEIVING PAC CONTRIBUTIONS obligations of a Member of Congress. system of government established by our 3. The new controls on ‘‘soft money’’ con- The fallback provision would also prohibit Constitution . . . In a republic where the tributions and expenditures are unprecedented any PAC from making a contribution which people are sovereign, the ability of the citi- and unjustified restraints on political parties. raises a candidate’s PAC receipts above 20% zenry to make informed choices among can- The new sweeping controls on ‘‘soft- didates for office is essential.’’ Buckley v. of the campaign expenditure ceilings appli- money’’ contributions to and disbursements cable to that election. But this restraint also Valeo, 424 U.S. at 14–15. by political parties and other organizations, Finally, to some extent the motivations seems overbroad. The corruption concern be- federal, state or local, would expand the for the new restraints on party activity may comes very attenuated in this setting, and reaches of the FECA into unprecedented new reflect a concern about the source of the the rationale for the overall 20% limit seems areas and far beyond any compelling interest ‘‘soft money’’ funding, namely, from cor- weak against First Amendment standards. would require. porations and large individual donors. In Once the limit is reached, candidates and For the first time, any amounts expended that regard, it should be observed that Buck- PACs, in effect, would be banned totally or disbursed by a political party in an elec- ley upheld the $1,000 limit on individual con- from political interaction with one another, tion year ‘‘for any activity which might af- tributions to candidates in part because which would seem as constitutionally vul- fect the outcome of a Federal election, in- there would be so many other ways in which nerable as a total ban and have the effect of cluding but not limited to any voter reg- people and organizations could bring their fi- a limitation on campaign expenditures. And istration and get-out-the-vote activity, any nancial resources to bear on politics. See 424 what of new groups that wanted to support a generic campaign activity and any commu- U.S. at 28–29, 44–45. The bill would block ave- candidate after the candidate’s PAC quota nication that identifies a Federal can- nues of advocacy that the Buckley Court as- had been reached, especially if the campaign didate. . .’’ would be subject to regulation. sumed would remain open. turns on an issue—abortion for example—of See Section 212. The full panoply of FECA These issues are presently before the Su- great moment to that group? compliance and control would be brought to preme Court in an important case in which Finally, all of this begins to resemble yet bear on the enormous amount of political certiorari was granted in early January. See another backdoor effort to limit overall party activity which heretofore has been ex- Colorado Republican Federal Campaign Com- campaign expenditures, in violation of Buck- empt from controls because it was not di- mittee v. Federal Election Commission, O.T. ley’s core principles. rectly and explicitly focused on specific fed- 1995, No. 95–489, reviewing, 59 F.3d 1015 (10th LIMITING OUT-OF-STATE POLITICAL eral candidates. And even beyond that, ‘‘soft Cir. 1995). At the very least, any action on CONTRIBUTIONS money’’ spending by persons other than po- this section of the bill should await the Somehow, I have always found particularly litical parties is also for the first time sub- Court’s resolution of the Colorado case. For troublesome those proposals to limit the ject to comprehensive regulation, with re- your information, the ACLU plans to file an amount of out-of-district or out-of-state con- porting, disclosure and notification require- amicus curiae brief in support of the Colo- tributions to candidates. Section 241 does ments mandated as well as a required certifi- rado Republican Federal Campaign Commit- not seem to operate as a direct ban on out- cation of whether the disbursement ‘‘is in tee. of-State contributions. Rather it provides support of, or in opposition to, one or more 4. The new provisions governing the right to that a candidate must receive not less than candidates or any political party.’’ make independent expenditures improperly in- 60% of their overall contributions from in- The reach of these new proposals is breath- trude upon that core area of electoral speech state individuals in order to remain in com- taking. Starting with Buckley v. Valeo, the and impermissibly invade the absolutely pro- pliance with the spending limits and receive Court has recognized a fundamental con- tected area of issue advocacy. the statutory benefits. Obviously, this is a stitutional distinction between candidate-fo- Two basic truths have emerged with crys- backdoor effort to limit PAC contributions cused expenditures and contributions, which tal clarity after twenty years of campaign fi- to candidates, since so many PAC contribu- can be subject to certain specific regulation, nance regulations. First, independent elec- tors come from States different from the and all other non-partisan, political and toral advocacy by citizen groups lies at the candidates their PACs contribute to, as do issue-oriented speech, advocacy and associa- very core of the meaning and purpose of the the PACs themselves. It also seems to be an tion. See Buckley v. Valeo, 424 U.S. at 14–15, First Amendment. Second, issue advocacy by effort to insulate incumbents from well- 78–80, First National Bank of Boston v. Bellotti, citizen group lies totally outside the permis- funded challenges supported from another 435 U.S. 765 (1978); FEC v. Massachusetts Citi- sible area of government regulation. State. zens For Life, 479 U.S. 238, 249 (1986). The rea- In Buckley the Court upheld the speech and Any potential justification for this ban son for this First Amendment Continental association rights of individuals to engage in seems highly unlikely to pass constitutional Divide is to insure that the permissible regu- independent campaign expenditures ex- muster. Analogizing this restriction to a vot- lation of candidate-focused political cam- pressly advocating the election or defeat of er’s residency requirement falls short after paign funding remains confined to that area, political candidates. In Federal Election Com- McIntyre v. Ohio Board of Elections,—US— and does not expand to encompass all the mission v. National Conservative Political Ac- (1995) which held that restrictions on politi- funding of all political issues and groups. tion Committee, 470 U.S. 480 (1985), the Court cal speech about candidates or referenda These regulations of funding which is not assured the same rights to political action cannot be upheld on the grounds that they candidate-focused transgresses this boundary committees. And in Federal Election Commis- are merely ballot or electoral regulations, and requires, at the very least, the dem- sion v. Massachusetts Citizens for Life, Inc., 470 because, in reality, they are free speech limi- onstration of the most compelling govern- U.S. 238 (1986) the same right of express elec- tations. Indeed, a federal court in Oregon re- mental interests, necessarily and narrowly toral advocacy was extended to certain kinds cently so held in overturning a requirement achieved by the sweeping new controls. of non-profit advocacy groups despite their that state and local candidates had to raise Moreover, any regulation of political par- corporate form, although a later case held all their campaign funds from individuals ties is a regulation of a quintessential First that other corporate entities could be re- who resided within their election districts. Amendment instrumentality and likewise stricted in this regard. See Austin v. Michi- Vannatta v. Keisling,—F. Supp.—(D. Ore. requires compelling justification, at a mini- gan Chamber of Commerce, 494 U.S. 652 (1990). 1995). mum. See Tashjian v. Republican Party, 479 S. 1219 abridges these rights in two ways. Moreover, in-state limitations could de- U.S. 208 (1986); Eu v. San Francisco Democratic First, Section 201 of the bill completely bans prive particular kinds of underfinanced, in- Party, 489 U.S. 214 (1989). Political parties independent expenditures by PACs, which is surgent candidates of the kind of out-of- play a vital role in galvanizing the political flatly unconstitutional, as noted above. On state support they need. Just as much of the life of the nation. Indeed, many political sci- the ‘‘fallback’’ assumption of such likely in- civil rights movement was funded by con- entists have expressed mounting concern validation, Section 251 redefines independent tributors and supporters from other parts of that one consequence of the current regime expenditures so narrowly and ‘‘coordinated’’ the nation, so, too, are many new and strug- of candidate-focused political funding and expenditures so broadly that the area of free- gling candidates supported by interests be- activity is unfortunately to undermine the dom of speech and association is drastically yond their home states. This proposal would role of parties, special interest groups or ad reduced and abridged in the process. severely harm such candidacies. Perhaps, hoc coalitions as instruments for political Under current law, an independent expend- that is its purpose. activity and vitality. For that reason, an ex- itures is one made without the knowledge or Finally, Congress is our national legisla- panded amount of party spending on voter permission of a candidate, his or her agent or ture, and although its representatives come registration, party identification, get-out- campaign committee. See 2 U.S.C. section and are elected from separate districts and the-vote drives, and partisan-based issue dis- 431(17) (‘‘The term ‘independent expenditure’ states, the issues you deal with are, by defi- cussion (‘‘The Republicans want to cut Medi- means an expenditure by a person expressly nition, national issues that transcend dis- care and Medicaid. Don’t let them do it.’’ or, advocating the election or defeat of a clearly trict and state lines and may be of concern ‘‘The Democrats support a welfare state. Say identified candidate which is made without June 25, 1996 CONGRESSIONAL RECORD — SENATE S6809 cooperation or consultation with any can- new powers to go to court to seek an injunc- call on Congress to send me legislation that didate, or any authorized committee or tion on the allegation of a ‘‘substantial like- will address the American public’s desire for agent of such candidate, and which is not lihood that a violation . . . is about to real change in our political process, and in so made in concert with, or at the request or occur’’ is fraught with First Amendment doing renew our democracy and strengthen suggestion of, any candidate or any author- peril. our country. I support the legislation now ized committee or agent of such can- As indicated earlier in this testimony, the being considered. In particular, I approve of didate.’’). Coordinated expenditures are very first suit brought under the brand several reforms such as placing limits on treated like and limited like contributions spanking new campaign reforms in 1972 was spending, curbing PAC and lobbyist influ- to a candidate. against a small group of dissenters who spon- ence, discounting the cost of broadcast time, The proposed bill, however, so broadly de- sored an ad in The New York Times criticizing and reforming the soft money system. fines coordination that virtually any person the President and praising a handful of his Organized interests have too much power who has had any interaction with a can- Congressional critics. Reminiscent of some in the halls of government. Oftentimes, rep- didate or any campaign official, in person or of the language in the bill before you, the resentatives from such interest groups oper- otherwise, is barred from making an inde- government’s claim was that the advertise- ate without accountability and are granted pendent expenditure. For example, under ment was an electioneering message because special privileges that ordinary Americans Section 251, any expenditure is deemed co- it was ‘‘in derogation of’’ candidate Nixon don’t even know exist. In addition, elections ordinated, and not independent, if the person and ‘‘in support of’’ the praised Members that represent an opportunity in which ordi- making it ‘‘has advised or counseled’’ the who were also up for re-election. While the nary voters should have the loudest voice candidate or his agents on any matter relat- courts quickly and sharply rebuffed those ef- have become so expensive that these voices ing to the campaign or election. If you use forts to use political campaign laws to con- are sometimes drowned out by big money. the same political consultant or firm as the trol issue advocacy, see United States v. Na- Let us capitalize on the progress made in candidate you are likewise deemed coordi- tional Committee for Impeachment, 469 F.2d 1135 the last three years. In 1993, we repealed the nated. (2d Cir. 1972); American Civil Liberties Union v. tax loophole that allowed lobbyists to deduct These restrictions embody a new and im- Jennings, 366 F. Supp. 1041 (D.D.C. 1973), the the cost of their activities. In 1994, I signed permissible version of ‘‘guilt by associa- Commission’s record of sensitivity to First a law that applies to Congress the same laws tion,’’ and a new kind of ‘‘gag rule’’ by asso- Amendment values in the area of issue advo- if imposes on the general public. Last year, ciation. See De Jonge v. Oregon, 299 U.S. 353 cacy was once described as ‘‘abysmal.’’ See Congress answered my call to stop taking (1937) (A speaker cannot be punished for or- National Committee for Impeachment, supra, 469 gifts, meals, and trips from lobbyists, and I ganizing a meeting and appearing on the F.2d at 1141–42 (Kaufman, C.J. concurring). signed the Lobbying Disclosure Act into law. same public platform where radicals were And ever since then, non-partisan, issue-ori- We now have an opportunity to finish the job also speaking). Indeed, it could have some ented groups like the ACLU, the National by addressing campaign finance reform. perverse effects. A disaffected campaign Organization for Women, the Chamber of As we work to reform campaign finance, worker or volunteer, who leaves a campaign Commerce, Right-to-Life Committees and we must do everything in our power to en- because he or she thinks a candidate has many others, have had to defend themselves sure that we open, not limit, the political acted improperly, is barred from making against charges that their public advocacy process. Our goal is to take the reins of our independent expenditures against that can- rendered them subject to all of the FECA’s democracy away from big special interests, didate, for, ironically, they will be deemed a restrictions, regulations and controls. And from big money, and to return them to the contribution. the problem persists. See Federal Election hands of those who deserve them—ordinary The other way in which the provision gov- Commission v. Survival Education Fund, 65 Americans. Real reform is now achievable. I erning independent expenditures is fatally F.3d 285 (2d Cir. 1995) (holding, 2 to 1, that urge the Senate to pass this legislation and flawed is in its expanded definition of ‘‘ex- 1984 fund-raising mailings critical of Presi- give the American people something we can press advocacy,’’ which is defined as a com- dent Reagan’s foreign policies constituted a all be proud of. munication that ‘‘taken as a whole and with solicitation of a contribution subject to Sincerely, limited reference to external events’’ com- FECA requirements). BILL CLINTON. municates ‘‘an expression of support for or The kind of ‘‘chilling effect’’ that such en- BROADCAST PROVISIONS opposition to’’ a specific candidate or groups forcement authority generates in the core of candidates. ‘‘Expression of support’’ in- area of protected speech makes the strongest Mr. FEINGOLD. Mr. President, it has cludes ‘‘a suggestion to take action with re- case against giving the Commission addi- been suggested that the broadcast pro- spect to an election,’’ including ‘‘to refrain tional powers to tamper with First Amend- visions in this bill may adversely affect from taking action.’’ ‘‘Throw the rascals ment rights. the broadcast industry and I would like out’’ has just become express advocacy. This broadened definition of ‘‘express advo- The PRESIDING OFFICER. The Sen- to respond to that point. cacy’’ would sweep in the kind of essential ator has 16 seconds remaining. First, with respect to the free time issue advocacy which Buckley and cases pre- Mr. McCONNELL. Mr. President, I provision, it is important to under- dating Buckley by a generation, see Thomas thank my staffers, Tamara Somerville stand that this is really a limited free v. Collins, 323 U.S. 516 (1945), have held to be and Lani Gerst for their good work on time benefit. It is limited to 30 minutes immune from government regulation and this most important issue. Tam and I of free time. Second, the free time is control. It seems to be targeted exactly have been through these battles a few only available to general election can- against the kind of voting record ‘‘box score’’ discussion that emanates from the times, including staying up all night, a didates—not primary election can- hundreds and thousands of issue organiza- couple years ago. She has been a great didates. And third, of the general elec- tions that enrich our public and political help. I have enjoyed working with her tion candidates, it is only available to life. In Buckley, the Court adopted a bright on this and thank her for her service to those general election candidates who line test of express advocacy (words that in the Nation. agree to limit their spending. express terms advocate the election of defeat The PRESIDING OFFICER. The Sen- We have also carefully crafted this of a candidate) in order to immunize issue ator from Wisconsin has 9 minutes. provision to have as minimal effect on advocacy form regulation: ‘‘So long as per- Mr. FEINGOLD. Mr. President, I the broadcasters as possible. First, no sons or groups eschew expenditures that in thank Andy Kutler, Susan Martinez, express terms advocate the election or defeat one candidate can request more than 15 of a clearly identified candidate, they are and Larry Murphy. minutes of their free time from any free to spend as much as they want to pro- I ask unanimous consent that a let- one broadcast station. Second, use of mote the candidate and his views.’’ Id. at 45. ter from President Clinton, a longtime the free time must occur in intervals Indeed, the 1975 Act contained a similar pro- supporter of campaign finance reform, between 30 seconds and 5 minutes. This vision regulating issue groups and their ‘‘box urging the Senate to pass this legisla- will ensure that the requirement to score’’ activities, and that section was tion be printed in the RECORD. provide free time will not interfere unanimously held unconstitutional by the en There being no objection, the mate- with the normal programming of the banc Court of Appeals, without any further rial was ordered to be printed in the appeal by the government. See Buckley v. broadcast station. Valeo, 519 F.2d 817, 832 (D.C. Cir. 1975). The RECORD, as follows: And finally, the bill clearly states expanded definition of ‘‘express advocacy’’ is THE WHITE HOUSE, any broadcast station that can dem- similarly flawed. Washington, DC, June 24, 1996. onstrate that providing such free time 5. The bill gives unacceptable new powers of Hon. THOMAS A. DASCHLE, will cause the station significant eco- prior restraint and political censorship to the Democratic Leader, U.S. Senate, Washington, nomic hardship is exempt from the free DC. Federal Election Commission. time requirement. With all of these problems with the bill, DEAR MR. LEADER: Just over a year ago, I particularly those that pertain to issue advo- shook hands with Speaker Gingrich and pub- So clearly, the free time provision is cacy and independent expenditures, giving licly affirmed my commitment to reforming not going to have a significantly bur- the Federal Election Commission sweeping the nation’s campaign finance laws. Now I densome effect on the broadcasters. S6810 CONGRESSIONAL RECORD — SENATE June 25, 1996 With respect to the 50-percent dis- general election candidates who agree imum, it is likely to be much less than count, it should be noted that this pro- to voluntarily limit their spending. In this. vision is really the linchpin of the leg- any given State, where only two Sen- And as you can see from this chart, islation. Without public financing, ate elections occur every 6 years, this the broadcast provisions in the there must be some alternative incen- will have a nominal impact on broad- McCain-Feingold proposal would cost tive to encourage candidates to volun- casters. Even if all general election the broadcast industry less than two- tarily limit their campaign spending. candidates do agree to comply with the tenths of 1 percent of their total adver- Such an incentive had to have an effect bill and receive the benefits, that tising revenues in 1994. And again, similar to that of public funding in the means that all of the broadcasters in a these nominal costs would only have to Presidential system—that is, to lower particular State will only have to pro- be incurred twice every 6 years. campaign costs so the candidate can vide 2 hours of free time over a 6-year So I think it is clear, Mr. President, spend less time on the phone raising period. that not only does the broadcast indus- money and more time running a state- It may interest my colleagues to try have a legal obligation to contrib- wide grassroots campaign. know that the Congressional Research ute to the political process, such a con- As we all know, the great proportion Service has analyzed the broadcast pro- tribution would have a minimal effect of a Senate candidate’s campaign budg- visions of the McCain-Feingold pro- on their overall revenues. The benefit et is devoted to broadcast advertising. posal, and prepared a cost-estimate of to the public of cleaning up our con- And therefore, the most sensible solu- how much these provisions might cost gressional elections, in contrast, would tion for lowering campaign costs is to the broadcast industry. be enormous. cut the costs of running television ad- I ask unanimous consent that the Mr. President, it has been suggested vertisements. text of this report be placed in the that the bipartisan proposal put forth Keep in mind, Mr. President, current RECORD at the conclusion of my re- by myself and the Senators from Ari- law already recognizes a public trustee marks. zona and Tennessee would somehow standard with respect to broadcasters. According to CRS, assuming all gen- further entrench incumbents and make Under current law, broadcasters must eral election candidates were eligible it more difficult for challengers to run provide all Federal candidates with the for and used the free time benefit, this for office. lowest price they charge to commercial provision would cost the broadcast in- Mr. President, this is yet another ar- advertisers for similarly run advertise- dustry a maximum, a maximum Mr. gument put forth by the defenders of ments. President, of about $6 million per Sen- the status quo that does not pass the That is current law. All we are doing ate election. straight face test. is providing an additional discount to Figures provided by the National As- First of all, let us remember what that special price. sociation of Broadcasters [NAB] show sort of campaign finance system we This is entirely consistent with the that total political television advertis- currently have and how it affects chal- Supreme Court’s 1969 ruling in Red ing revenues in 1994 for the broadcast lengers and incumbents. I don’t think Lion Broadcasting Company versus industry were $355 million. That is just that anyone can dispute that the cur- Federal Communications Commission political advertising revenues. rent campaign finance system confers decision. In the Red Lion decision, the Total television advertising revenues significant benefits on incumbent Sen- Court upheld the congressional deter- in 1994 were $24.7 billion. ators that provides incumbents an mination made in 1934 that the air- That means that the free time provi- overwhelming advantage over chal- waves belong to the American people, sion in the McCain-Feingold proposal, lengers. and this decision has subsequently scored at a maximum of $6 million by Incumbents start out with more been used to require the broadcasters CRS, would cost the broadcasters name recognition. Incumbents are per- to provide services such as lowest unit about 1.6 percent of their annual politi- mitted to send out free mass mailings rate and equal time to qualifying Fed- cal advertising revenues, and less than to the voters of their States, which eral candidates. three-hundredths of 1 percent (.025 per- often are little more than thinly dis- To suggest that the provisions em- cent) of their total annual advertising guised campaign newsletters. bodied in the McCain-Feingold bill are revenues. And of course, this would And most importantly, as virtually somehow a violation of the broad- only occur in a brief period of time every legitimate study has shown, the casters first amendment rights is a every 2 years. campaign cash overwhelmingly flows proposition that has already been And what about the 50-percent dis- to incumbents. Whether it is PAC tossed out by the courts. count provision, that has been pur- money, soft money, bundled money— Let me quote from the legal analysis ported to be potentially catastrophic you name it. The campaign money al- of this issue prepared by Law Professor for the broadcast industry. According ways flows to incumbents. Fred Schauer of Harvard University. to CRS, the total cost of the 50-percent To suggest that spending limits will Professor Schauer writes, discount provision in the primary and somehow make it more difficult for general election would be $48 million, challengers to run for office is to sug- As long as Red Lion remains the law, Con- gress may within limits consider broadcast again, assuming all candidates were el- gest that challengers have access to time to belong to the public, and to be sub- igible for the discount. the kind of money that incumbents ject to allocation in the public interest. In So the most this provision would cost have access to. this respect, therefore, price restrictions on the broadcast industry according to That assertion is just factually false. advertising, and direct grants of broadcast CRS’s independent analysis is less than Challengers cannot raise millions of time, will not violate the First Amendment $50 million. dollars as incumbents can. The few as it is presently interpreted. Again, how does this compare as a challengers that are able to mount So it is clear that what we are re- percentage of the industry’s revenues, credible campaigns are those few chal- quiring in this campaign finance re- both political and commercial? lengers that are millionaires, and that form bill is not only sound public pol- Using the NAB’s numbers on political is why more and more Senate cam- icy, but completely within the confines advertising revenues and all other ad- paigns are turning into races between of first amendment principles. vertising revenues, this $48 million pro- an incumbent and a millionaire. So now we come to the question of vision in S. 1219 would cost broad- As this first chart demonstrates, how this provision will affect the finan- casters, at most, about 13 percent of money does matter. In 1990, 1992, and cial viability of the broadcast industry. their political advertising revenues, 1994, the Senate average winning can- Mr. President, when we talk about and less than half of 1 percent (.19 per- didate not only outspent the loser in what sort of costs the broadcasters are cent) of their total advertising reve- that particular race, but far out- going to incur as a result of this legis- nues. And again, this would only be distanced them. lation, there are several important fac- every 2 years. In fact, in most cases, the winning tors to keep in mind. Mr. President, we are talking about candidate doubled—doubled—Mr. Presi- First, with respect to the free time less than one-half of 1 percent of the dent, what the losing candidate spent. provision, we are only talking about industry’s revenues. And that is a max- That means that for every television June 25, 1996 CONGRESSIONAL RECORD — SENATE S6811 spot the losing candidate was able to voluntary spending limits might be lation is modeled after. We provide a run, the winning candidate was able to found by the courts to be unconstitu- voluntary system of spending limits run two television spots—in some tional, is unfounded. Mr. President, and benefits. No one is forced to par- cases, three or four or five times as this argument is a giant red herring ticipate, no one is coerced into partici- many spots. meant to divert attention away from pating, and there are no penalties, not Now the fact that money is clearly the real issues. a single one, for candidates who choose the most determining factor in influ- Let us be very clear about what the not to voluntarily comply. encing the outcome of Senate elections Supreme Court held in the Buckley Just like the Presidential system is troubling by itself. It is a harsh in- versus Valeo decision in 1976. The that has been specifically upheld by dictment of the current limitless- Court said two very important things the Supreme Court. spending campaign spending that the in the Buckley decision; The assertion that the Senator from junior Senator from Kentucky is de- First, the Court made a distinction Kentucky is making, that voluntary fending. between mandatory limitations on ex- spending limits tied to the offering of But if we know that the candidate penditures by candidates, and manda- cost-saving benefits is unconstitu- who spends the most money is likely to tory limitations on contributions to tional, is a challenge that has been spe- be the winning Senate candidate, the candidates. The Court said that we cifically rejected by the courts. Let me next logical question is, who’s getting cannot place mandatory spending lim- repeat that Mr. President. The argu- the money? its on all candidates, because that ment that the Senator from Kentucky As you can see, Mr. President, in- would infringe on the first amendment is making, that voluntary spending cumbents are getting the money. Not rights of those candidates who may limits tied to benefits is unconstitu- only are they getting the money, they wish not to abide by the spending lim- tional, has specifically been rejected by are blowing challengers out of the its. the Federal courts. water. Second, the Court upheld mandatory The case was Republican National That is the current campaign finance limitations on campaign contributions, Committee versus Federal Election system—a system in which the can- declaring that such contributions could Commission, and in that case a three- didate who spends the most money is have, or appear to have, a corrupting judge Federal panel specifically upheld the likely winner, and a system in influence on the recipient of those con- the constitutionality of voluntary which the money flows overwhelmingly tributions, and contributions could spending limits and rejected the argu- to incumbents. The current system is therefore be limited. ment put forth by the Senator from rigged to protect incumbents, and our Now, I have heard the Senator from Kentucky. That decision was sum- proposal, for the first time ever, will Kentucky say on many occasions that marily affirmed by the U.S. Supreme provide challengers who do not have the Supreme Court has said that Court. access to millions and millions of dol- money equals political speech and that It is true that unlike the Presidential lars to run a fair and competitive cam- since we cannot limit political speech, system, the McCain-Feingold-Thomp- paign. we cannot limit the flow of money. As son proposal does not have public fi- We have spending limits in the Presi- the Senator from Kentucky just as- dential system, Mr. President. Have nancing. It would have been my pref- serted, money, in his view, equals they protected incumbents? They erence to have public financing, but I speech and we can’t limit it. agreed to forgo public financing as a didn’t protect President Ford. They However, Mr. President, the Supreme didn’t protect President Carter. And part of this compromise proposal. Court did not, in fact, say that money Instead, we offer broadcast and post- they didn’t protect President Bush. is speech and cannot be limited, and The Presidential system, thanks to age discounts that will substantially saying it over and over again doesn’t reduce the costs of running for a Sen- voluntary spending limits, has pro- make it any more true. duced fair and competitive elections ate seat. And the outlandish suggestion The Court did say that money is a has been made by a few—very few in- for 20 years now. The congressional form of speech, and can only be limited system, with unlimited campaign deed—that this distinction, between by the Government in certain cir- public financing and advertising dis- spending, has produced the opposite. cumstances. And as I said, one of those The evidence is clear, Mr. President counts, is what makes our legislation circumstances is in the form of limits and I am hopeful my colleagues will unconstitutional. on campaign contributions. If the Su- see through the phony and absurd argu- Mr. President, that is an absurd prop- preme Court had held that money ment that spending limits hurt chal- osition. The only way such a voluntary equals absolute speech, then they lengers. system could possibly be unconstitu- would not have upheld limitations on THE CONSTITUTIONAL ARGUMENT tional is if the system were not truly campaign contributions. voluntary, or in other words, if can- Mr. President, I have listened to the Besides contribution limits, the Su- arguments of the Senator from Ken- didates were essentially coerced into preme Court has said that there are participating. How do you coerce a can- tucky, the Senator from Washington, other ways we can constitutionally and others, with respect to the con- didate into participating? By making limit the flow of campaign money, in- stitutionality of this campaign reform the benefits so incredibly valuable and cluding campaign expenditures. by imposing tough penalties against proposal. As the Court said in the Buckley de- I share his concern that we should those who choose not to comply, so cision: not pass legislation that would be a that there really is not choice for a clear violation of the first amendment. Congress may engage in public financing of candidate to participate or not. election campaigns and may condition ac- And this is where the Senator from I stand behind no one when it comes ceptance of public funds on an agreement by to defending the first amendment and the candidate to abide by specified expendi- Ketucky’s—Senator MCCONNELL—argu- the principles it stands for. That is ture limitations. Just as a candidate may ment completely falls apart. The court why I will not support a constitutional voluntarily limit the size of the contribu- ruled in the Buckley case that public amendment that would allow us to im- tions he chooses to accept, he may decide to financing was not coercive. So for our pose mandatory spending limits. At forgo private fundraising and accept public bill to be unconstitutional, the benefits one time, I did vote for a sense of the funding. would have to be even more valuable Senate resolution regarding such an In short, the Presidential system is a than direct public financing. amendment but I have come to believe completely voluntary system that of- Mr. President, the benefits in our bill that we should respect the Supreme fers incentives in the form of public fi- are very valuable. The 50-percent Court’s rulings on this issue, and that nancing to candidates who agree to broadcast discount alone will cut a these rulings have provided enough limit their spending. That, the Court candidate’s advertising costs in half. guidance and direction that we can said, was perfectly constitutional. But these benefits do not even come write a constitutional proposal that And that sort of voluntary system, close to the value of direct public fi- would be upheld by the Supreme Court. specifically upheld by the Supreme nancing. I have to say that what the Senator Court in the Buckley decision, is what Suppose you are a Federal candidate from Kentucky is suggesting, that the the McCain-Feingold-Thompson legis- running a $1 million campaign. And S6812 CONGRESSIONAL RECORD — SENATE June 25, 1996 suppose you had a choice of two bene- and respected first amendment au- I should also say, Mr. President, that fits; you could either have a 50-percent thorities in the country. a proposal to not only ban PAC con- discount on your broadcast advertis- These authorities include Professor tributions, but also to prohibit PAC’s ing, or you could have a check for $1 Daniel Hays Lowenstein of the UCLA from engaging in independent expendi- million. Which benefit are you going to Law School, Professor Cass Sunstein of tures as the Pressler-Durenberger take? the University of Chicago Law School, amendment did, can actually be found The question is obvious, Mr. Presi- Professor Fred Schauer of Harvard Uni- in another reform bill—a bill intro- dent. Every candidate in America faced versity, Professor Jamin Raskin of the duced by the junior Senator from Ken- with such a choice would clearly favor Washington College of Law at Amer- tucky. I am somewhat surprised that the public financing. Public financing ican University and Professor Marlene the junior Senator from Kentucky, who is a far more valuable benefit, and for Arnold Nicholson of the DePaul Uni- has condemned such a proposal as un- the Senator from Kentucky to suggest versity College of Law. constitutional and a blatant violation otherwise flies in the face of the reality These experts, among the most wide- of the first amendment, would include of our campaign system. ly respected first amendment and con- such a provision in the reform bill he I find it interesting that during the stitutional scholars in the country, all wrote. course of the many hearings that have agree that the voluntary structure of So, Mr. President, just a couple of been held in the Senate Rules Commit- spending limits tied to broadcast and years ago, 86 Senators went on record tee, much testimony was heard from postage discounts is fully consistent in favor of a PAC ban coupled with fall- several constitutional experts. How- with the Constitution. back limitations in case of an unfavor- ever, only one of those experts, Law Now, Mr. President, some have also able Supreme Court ruling. The provi- professor Fred Schauer of Harvard Uni- suggested that the provision in our sion in our proposal is actually far less versity, made it clear that he had no proposal to prohibit Political Action restrictive than that included in the position on the policy aspects of the Committee contributions to Federal Pressler-Durenberger amendment, as McCain-Feingold bill. Every other ex- candidates may not pass constitutional we only limit PAC contributions, not pert called by the committee—on both muster. I, for one, am skeptical that their independent expenditures. If 86 sides of the issue—made clear that in you can constitutionally prohibit a Senators, including the Senator from addition to their legal views, they also group of individuals from banding to- Kentucky, believed a complete PAC has a bias as to either being in favor or gether, pooling their resources and prohibition to be constitutional enough opposition to the reform bill. contributing to a Federal candidate that they could vote for it, I see no rea- And how did Professor Schauer re- any more than you can prohibit any son why the same number, or even spond to the Senator from Kentucky’s single individual from contributing to more Senators now could not support a claim that the voluntary structure of a Federal candidate. far less restrictive regulation. spending limits in our bill was uncon- However, we must remember that the In closing, Mr. President, I want to stitutional? After pointing out that the Supreme Court has taken a favorable assure my colleagues that I believe, arguments asserted by the Senator position with respect to the Govern- and the Senator from Arizona believes, from Kentucky were the same argu- ment limiting campaign contributions, that the key provisions of this legisla- ments rejected in the RNC decision, a and indeed, the Supreme Court has tion would be upheld by the courts. decision that was summarily affirmed upheld the constitutionality of abso- Moreover, nonpartisan experts from by the Supreme Court, Professor lute prohibits on specific entities mak- around the country, including the Con- Schauer said: ing campaign contributions, such as gressional Research Service, who do If we stick to the question * * * and sepa- labor unions and corporations. not have a prejudice one way or the rate the constitutional questions from the Nonetheless, our proposal con- other on this proposal, have told us policy question * * * voting against the bill templates such a legal challenge, and that these provisions are constitu- on the assumption that it is clearly incon- contains specific fall-back provisions if tional. sistent with existing Supreme Court and fed- the Supreme Court ruled a PAC con- I ask unanimous consent that a eral court precedent is not an accurate char- tribution ban unconstitutional. These statement designating that the broad- acterization of the precedent. fall-back provisions would reduce al- cast provisions in the bill would have Mr. President, the Schauer testi- lowable PAC contributions from $5,000 only a relatively nominal impact in mony is just a move in a chorus of ob- to $1,000, and stipulate that no can- the broadcast industry be printed in jective analyses from constitutional didate could receive more than 20 per- the RECORD. experts around the country who have cent of the applicable spending limits There being no objection, the mate- held that the voluntary spending limits in aggregate PAC contributions. rial was ordered to be printed in the in the McCain-Feingold-Thompson bill Where did this fall-back proposal RECORD, as follows: does pass constitutional muster. With- come from, Mr. President? It is the CONGRESSIONAL RESEARCH SERVICE, out asking for anyone’s view on the exact same proposal, word for word, LIBRARY OF CONGRESS, policy implications of our proposal, we that was contained in the Pressler- Washington, DC, February 8, 1996. asked several authorities in the legal Durenberger amendment offered to S. To: Honorable Russell Feingold, Attention: and academic community for their 3, the campaign finance reform bill Andy Kutler. opinions about the constitutionality of From: Joseph E. Cantor, specialist in Amer- considered in the 103d Congress. ican National Government, Government this proposal. That amendment, which not only Division. We asked the nonpartisan American banned PAC contributions, also banned Subject: Estimated value of free and dis- Law Division of the Congressional Re- all PAC expenditures in a Federal elec- counted TV time under S. 1219—the Sen- search Service to prepare a constitu- tion including independent expendi- ate Campaign Finance Reform Act of tional analysis of our proposal. The tures, included these very fall-back 1995. analysis, prepared by Paige Whitaker, limitations on PAC contributions if the This memorandum provides information a well-respected attorney with CRS Supreme Court ruled such a ban uncon- relevant to estimating the dollar value of who has prepared a number of reports the free and discounted TV air time that stitutional. The Pressler-Durenberger would be offered to Senate candidates under for Congress on this issue and who has amendment passed the U.S. Senate by S. 1219, the Senate Campaign Finance Re- been called to testify before Congress a vote of 86 to 11. form Act of 1995. on campaign reform, states very clear- Yes, 86 to 11, Mr. President. I voted S. 1219, introduced by Senator McCain and ly that the voluntary system created for it. Most of the Members of this you, establishes a system of voluntary ex- in our bill of offering incentives in ex- body, including the Senator from Ken- penditure limits for Senate candidates, in change for compliance with spending tucky, voted for it. exchange for three cost-reduction benefits: limitations is wholly consistent with Our provisions dealing with PAC con- (1) 30 minutes of free TV time; (2) additional TV time at 50 percent of the lowest unit rate the Court’s ruling in Buckley versus tributions are actually far more per- (LUR); and (3) a reduced postal rate for two Valeo. missive than the provisions contained mailings per eligible voter. This memoran- In addition to CRS, my office con- in the Pressler-Durenberger amend- dum focuses on estimating the value of the tacted some of the most well-known ment which 86 Senators voted for. first two benefits, dealing with TV time. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6813 As I have explained to you, and as has been commercial advertiser, we subtracted 15 per- mission (FEC), payments to broadcast sta- reinforced in my conversations with all my cent to reflect the rate most stations charge tions usually are not itemized and are often sources, both these tasks are highly specula- to political advertisers (this political rate, included among other payments to media tive, and the resulting estimates I have de- not required by law, should not be confused consultants; nor do the reports group ex- rived are subject to challenge on any number with the lowest unit rate which Federal law penditures by category for easier retrieval of of grounds. I have used different methodol- requires broadcasters to offer candidates). desired information. Furthermore, the Fed- ogy and sources for each of the two tasks, re- We arrived at a national political rate per eral Communications Commission does not lying in both cases on a combination of ac- point of $21,593. I then calculated a national systematically compile data of this nature tual cost figures, published estimates, and average cost per rating point, by dividing from the broadcast stations. Until very re- educated guesses and assumptions by appro- $21,593 by 211 (the number of U.S. media mar- cently, observers were forced to rely on anec- priate authorities. While these assumptions kets), yielding an average political cost per dotes, surveys, or estimates of the amount of can legitimately be challenged, I believe this point of $102. campaign money that was directed specifi- effort to represent a reasonable, logical at- In order to get a cost figure for an actual cally to broadcast time purchases. tempt at a rough approximation of the dollar 30-second spot, one must multiply the cost Following the 1990 congressional elections, value of the proposed benefits. Appropriate per point by the number of points which a two reporters for The Los Angeles Times un- caveats and sources are noted herein. particular program (or TV show) commands. dertook a massive, systematic study of con- gressional campaign expenditures in that BENEFIT NO. 1: FREE TV TIME We chose five popular TV shows in Monday through Friday prime time, and then aver- election—based on candidates’ disclosure fil- PROPOSAL aged their national rating point numbers. ings—and arranged the data into categories.7 The bill would provide 30 minutes of free The shows (and their national rating points) Comparable studies were done following the television air time to participating can- were: NYPD Blue, ABC (15.90); 20/20, ABC 1992 and 1994 elections, by Dwight Morris didates, to be used: (1) in the general election (17.10); Law and Order, NBC (12.80); Frasier, (one of the original authors) and Murielle period (i.e., once the candidate has qualified NBC (14.70); and Chicago Hope, CBS (14.90).4 Gamache. Because of their exhaustive efforts for the general election ballot); (2) on Mon- The average national rating points of these and professional skill, these studies are wide- days-Fridays, between 6 PM and 10 PM (un- shows came to 15.1. Hence, the average 30- ly accepted by campaign finance experts as less the candidate elects otherwise); (3) in second spot on a popular prime time show is containing the most reliable, authoritative segments of between 30 seconds and 5 min- 15.1 multiplied by $102, or $1,540. data on campaign expenditures by type of utes; and (4) on stations within the State or If 60 of these 30-second spots are used, the service. Consequently, my estimates are an adjacent State, but with no more than 15 benefit equals $92,400 per candidate, on aver- based heavily on the data in the most recent minutes on any one station. age. Obviously, a New York area candidate’s published study: Handbook of Campaign METHODOLOGY benefit would be much higher, while a Mon- Spending: Money in the 1992 Congressional Our goal was to make a reasonable deter- tana candidate’s benefit would be much Races, By Dwight Morris and Murielle E. mination of the dollar value of 30 minutes of lower. Gamache (Washington, Congressional Quar- television advertising time which Senate ESTIMATED TOTAL terly, Inc., 1994. 592 p.). (The 1994 edition will be published later in 1996.) candidates would use during a general elec- To derive a national figure, we made a sim- tion period. The summary tables, copies of which are ple calculation, based on the assumption of attached, reveal that in 1992, major party At the outset, one is faced with the fact 66 major party general election candidates, that there are enormous variations in costs Senate candidates who ran in the general with no qualifying minor party candidates. election spend $86.8 million on ‘‘electronic of TV time. First of all, there are 211 media Of course, it is a considerable assumption markets in the U.S., with substantial dif- media advertising.’’ This category was de- that all major party nominees would partici- fined on page xiv of Handbook of Campaign ferences in costs among them. Second, the pate in this system, just as it is that no broadcast market is a commodity market, Spending as including: All payments to con- minor party candidates would qualify. But as sultants, separate purchases of broadcast subject to the laws of supply and demand. your bill calls for an hour of free time per Hence, there are wide variations in costs time, and production costs associated with State, having minor parties qualify would the development of radio and television ad- within a single market or broadcast station, not change the total. Hence, multiplying even for comparable periods of time on com- vertising. $92,400 by 66 candidates yields a national Because the data unavoidably include pro- parable TV shows. Furthermore, there are no total of $6,098,400, rounded to $6 million.5 duction costs and consultant fees (which are sources on the exact cost of TV ads, because BENEFIT NO. 2: DISCOUNTED TV TIME irrelevant to the benefits in S. 1219 concern- of the extremely complex system for buying ing air time), it is necessary to estimate the and setting rates for TV time. Finally, our PROPOSAL percentage solely for air time. The authors task was compounded by the uncertainties Your bill also provides participating Sen- report that most media consultants add a 15- involved in a political campaign setting, ate candidates the benefit of buying addi- percent charge to media buys for their serv- with the number of candidates eligible for tional broadcast time at 50 percent of the ices (which include producing the ads). the benefit unknown and with the way in lowest unit rate. This benefit would be avail- Hence, I would subtract this 15 percent, or which candidates might use the benefit able during the last 60 days of the general $13.0 million, and assume the remaining 85 (within the parameters outlined in your leg- election (when the LUR requirement is in ef- percent of the ‘‘electronic media advertis- islation) unknowable. fect) and the last 30 days of the primary elec- In undertaking this project, I was fortu- tion (the LUR is now available to candidates ing’’ total went for air time purchases. This nate in obtaining assistance from two Wash- in the 45 days before a primary, but your bill leaves $73.8 million for air time costs. Several other factors must be taken into ington-area media buyers who are substan- would change that to 30 days). account in making the data in this study ap- tially involved in campaign work.1 Despite METHODOLOGY plicable to our purposes. First, the electronic their cautionary notes about the nature of Whereas the first benefit involves a speci- media figure includes radio advertising; our this task (as outlined above), they under- fied amount of time in specific time periods, interest is solely in television. In a telephone stood the value of devising an intellectually this provision would affect an indeterminate discussion on February 1 with Dwight Mor- defensible estimate and provided essential amount of broadcast purchases. Also, rather ris, one of the authors, we agreed that it guidance in the process. than involving a new form of candidate ac- would be reasonable to assume that 95 per- Our effort first focused on devising an av- tivity (i.e., a free service), this second bene- cent of the total went for television. Hence, erage cost of a TV spot, based on the follow- fit involves one candidates already use, but subtracting another 5 percent, or $3.7 mil- ing assumptions: the 30 minutes would be with a prospectively lower cost. Hence, lion, leaves $70.1 million for TV air time used by the Senate candidate in the form of whereas the first exercise was more theoreti- cost. 60 spots of 30 seconds each; the candidate cal, the second can be based more on what Second, the data include spending by the would seek to place all free spots in prime we know about current behavior among Sen- candidates in the primary as well as the gen- time (your bill covers the early news (6 PM— ate candidates.6 eral election period, as FEC data unavoid- 7 PM) and prime access (7 PM—8 PM) peri- Specifically, by estimating the current ably does. The benefits in S. 1219 would apply ods, as well as most of the prime time (8 level of campaign air time, one can make a to both periods, but only for the last 30 days PM—11 PM) period; and the candidate would reasonable assessment of the dollar value of in the primary and the last 60 days in the place the ads on as many of the most popular the reduced cost benefit to candidates. This general election. In our phone discussion, (i.e., highly rated) shows as possible. exercise involves deriving a percentage esti- Dwight Morris and I agreed that it would be 2 According to the Media Market Guide for mate of the share of overall campaign ex- reasonable to assume that 90 percent of the the fourth quarter of 1995 (which covers the penditures that can be attributed to TV time media expenditures occurred in the general months relevant to a general election), the buys during the periods affected by your bill, election period. Taking 10 percent of $70.1 national average cost per rating point for a and then extrapolating this percentage onto million yields $7.0 million for primary TV air 30-second spot in prime time (aimed at an campaign expenditure data. time spending and $63.1 million for TV air audience of all adults over the age of 18) was There is no official source for data on time in the general election. $25,403.3 As this represents the cost for a broadcast expenditures in Federal elections. The final estimation involved the extent to While campaign expenditures are required to which the air time in the primary is bought 1 Footnotes appear at end of letter. be disclosed with the Federal Election Com- in the last 30 days and the air time in the S6814 CONGRESSIONAL RECORD — SENATE June 25, 1996 general election is bought in the last 60 days. the final 30 days of the primary election. 4 Ratings based on: A.C. Nielsen Company, Net- Morris and I agreed (as did some of the This figure represents approximately 8 per- work Programs by DMA, November 1995. media buyers I worked with in the first esti- cent of the figure listed for electronic media 5 A more thorough effort might involve looking at mate) that at least 95 percent of the air time advertising and 3 percent of the $219.1 mil- each State’s media dynamics, given the variations in media market configurations. A candidate in New would be used in those periods. Hence, sub- lion in total Senate candidate expenditures Jersey, for example, has to buy time in both the tracting an additional 5 percent in each case in the Morris/Gamache study. New York and Philadelphia markets, while more leaves an estimated $6.7 million for TV air Step 2. I next applied the 3 percent figure than 90 percent of California voters are reached by time in the last 30 days of a primary and cited above to the total expenditures re- seven markets, all within that State’s boundaries. $59.6 million for TV air time in the last 60 ported to the FEC by 1994 Senate candidates. These types of calculations, while yielding perhaps a days of a general election. Again, I started with the $270.7 million spent more accurate estimate, involved undue time invest- ment and raised significant, complex additional GENERAL ELECTION BENEFIT by major party Senate general election can- didates in the 1993–94 election cycle, and questions. Step 1. Starting with $86.8 million total for 6 One caveat, of course, is that this approach is then added the $12.6 million these candidates electronic media advertising, I subtracted based on current candidate behavior, not taking into spent from 1989 to 1992. Applying the 3 per- the estimates of $13.0 million for consultant account prospective increased TV air time purchases cent figure from 1992 to the resulting total of fees, $3.7 million for radio time, $7.0 million because of the lower cost. While this could well $283.3 million, I got a 1994 figure of $8.5 mil- occur, this tendency would be clearly circumscribed for primary spending, and $3.5 million for lion for the cost of TV air time in the last 30 by the overall campaign spending limits to which time purchased before the final 60 days of the days of the primary election. participating candidates must agree. general election. The resulting $59.6 million Step 3. I averaged the 1992 estimated TV 7 Fritz, Sara, and Dwight Morris. Handbook of (for TV air time in the final 60 days of the cost of $6.7 million and the 1994 estimate of Campaign Spending: Money in the 1990 Congres- general election) represents approximately $8.5 million, to yield $7.6 million, rounded to sional Races. Washington, Congressional Quarterly, Inc., 1992. 567 p. 69 percent of the ‘‘electronic media advertis- $8 million for convenience. This represents ing’’ figure and 27 percent of the $219.1 mil- 8 U.S. Federal Election Commission. 1994 Congres- estimated spending on TV air time during sional Fundraising Sets New Record (press release): lion in total Senate candidate expenditures the last 30 days of the primary by candidates November 1995. in the Morris/Gamache study. who went on to compete in the general elec- 9 U.S. Federal Election Commission. 1991–92 Con- Step 2. Although the comparable 1994 data tion. gressional Spending Soars to $680 Million (press re- are not yet available, it may be instructive Step 4. Major party Senate candidates who lease): January 1994. to apply the 27 percent figure cited above to were defeated in primary elections spent a 10 U.S. Federal Election Commission. 1994 Congres- the total expenditures reported to the FEC total of $75.9 million in 1992 9 and $45.9 mil- sional Fundraising Sets New Record (press release): by 1994 Senate candidates. The FEC reported 10 November 1995. lion in 1994. Because all of this money was 11 that $270.7 million was spent by major party It may seem counterintuitive that primary los- spent on the primary election, we adjusted ers would spend twice as much on TV as primary Senate general election candidates in the only for consultant fees, radio time, and winners, and this may point up a flaw in our esti- 8 1993–1994 election cycle. Because the Morris/ time purchased before the final 30 days. I as- mation process. But it is often the case that well- Gamache study included data for the six- sumed the same total percentage of money funded primary candidates (often wealthy individ- year period leading up to and including 1992, went for TV time by the primary losers as by uals) spend large sums of money in losing attempts I added the $12.6 million 1994 Senate can- all candidates in this six year study. Start- at nomination, while in perhaps the majority of didates spent from 1989 to 1992 (which I cal- ing with the $86.8 million total for electronic cases, Senate party nominees (especially incum- culated from the same press release). Hence, bents) have little or no real opposition in the pri- media advertising, I subtracted the esti- mary. I arrived at a total of $283.3 million spent by mates of: $13.0 million for consultant fees, major party Senate general election can- $3.7 million for radio time, and $.35 million Mr. FEINGOLD. I yield the remain- didates in the entire six-year period. Assum- for time purchased before the final 30 days of der of my time to my friend and a lead- ing the same 27 percent of total spending the primary. This left $69.8 million, which is er today in the future on campaign fi- went for TV air time in the last 60 days of approximately 32 percent of the $219.1 mil- nance reform, the Senator from Ari- the general election, I got an estimated 1994 lion in total expenditures reported in the zona. figure of $76.5 million. Morris/Gamache study. Step. 3. The 1992 estimated cost of TV air Applying this 32 percent to the $75.9 mil- Mr. MCCAIN. I yield 30 seconds to the time of $59.6 million and the 1994 estimate of lion spent by 1992 primary losers yields $24.3 Senator from California. $76.5 million can be averaged (in case one of million; applying the same percentage to the Mrs. BOXER. Mr. President, I thank the years was an anomaly in the context of $45.9 million spent by 1994 primary losers my friend for yielding. I thank him for overall spending trends), to yield $68.1 mil- yielded $14.7 million. Averaging the 1992 and his leadership, as well as that of Sen- lion, rounded to $68 million for convenience. 1994 figures gave us $19.5 million, rounded to ator FEINGOLD. Let me say, as one of While this is just an estimate, subject to all $20 million; this represents an estimate of the caveats inherent therein, I would be fair- TV air time purchases in the last 30 days of the two Senators from California, we ly comfortable using this as the basis for any the primary election by Senate primary los- need to raise at least $20 million—that further estimates you may wish to make, ers. is obscene—to win a Senate seat. That specifically that the value of the broadcast Step 5. Finally, I added the $8 million from means a candidate running for Senate discount would be 50 percent of this, or step 3 for party nominees to the $20 million for California must raise $10,000 a day, roughly $34 million. for primary losers, yielding an estimated 7 days a week, for each day of the 6- PRIMARY ELECTION BENEFIT total of $28 million as being spent on TV air year term. This is unconscionable. I time by Senate candidates in the final 30 The process for estimating the benefit in will support cloture. I will support days of the primary.11 Reducing this by half the primary period is complicated by the campaign finance reform. fact that our primary data source not only left us with $14 million, as the estimated does not distinguish between primary and value of the 50 percent LUR reduction to I intend to vote for campaign finance general spending, but it leaves out can- Senate primary candidates. reform and for this measure cutting off didates who lost the nomination contest. ESTIMATED PRIMARY AND GENERAL TOTAL debate so we can have the opportunity Hence, I added a fourth and fifth step to the Using the methodology in this memoran- to discuss this crucial issue. We must process: (1) use the Morris/Gamache 1992 data dum, I estimate the value of the 50 percent pass campaign finance reform this on cost breakdowns, apportioning amounts broadcast rate reduction to be worth $34 mil- year. to specific functions; (2) apply the same per- lion to Senate candidates in the general elec- I feel we must limit the influence of centage to 1994 FEC data; (3) average the 1992 tion and $14 million in the primary—a total and 1994 figures; (4) examine 1992 and 1994 of $48 million. special economic interests so that the FEC data on primary losers, apply an appro- I trust that this memorandum and the ac- public has no fear that Senators are priate percentage, and average the two dol- companying material meet your needs in representing those interests instead of lar figures; and (5) add the average from step this matter. Please feel free to contact me 7– the people of their State and the Na- 4 to the figure in step 3. 7876 if I can be of further assistance. tion. Step 1. To apportion the share of primary FOOTNOTES election candidates expenditures that were As a Senator from the largest State 1 Carole Mundy, of Fenn-King-Murphy-Putnam in the Union, I am particularly aware spent on TV air time in the last 30 days of Communications, Inc. in Washington, D.C., assisted the primary, I started with the $86.8 million in developing the methodology and obtaining source of the need for reform. Candidates for total for electronic media advertising in the material. Gail Neylan, of Neylan & Roy—an inde- the U.S. Senate in California must Morris/Gamache study. I subtracted the esti- pendent media buying service, provided guidance in raise at least $20 million. This means mates of: $13.0 million for consultant fees, corroborating and finetuning the approach devel- that a candidate running for the Sen- oped with Ms. Mundy. $3.7 million for radio time, $63.1 million for ate must raise at least $10,000 a day, 7 general election spending, and $.35 million in 2 Media Market Guide, 4th Quarter 1995 (October- December). NY, Bethlehem Publishing, Inc. 1995. days a week, for each day of a 6-year time purchased before the final 30 days of the 3 Those cost per (rating) point is the standard unit term. This is obscene. primary election. This left an estimate of used by advertisers and media buyers in evaluating $6.7 million as being spent by 1992 major relative costs of delivering one percent of the audi- For me it is more important to meet party Senate candidates for TV air time in ence share in different markets. with constituents here and in the June 25, 1996 CONGRESSIONAL RECORD — SENATE S6815 State, write legislation, and partici- nancing laws so greatly advantage in- Again, these are voluntary spending pate in debates like this one, let alone cumbents then we should prove im- limits. They are voluntary and they read as much as I can. mune to public pressure for reform. We are fair. There are several important aspects are indeed greatly advantaged by the Mr. President, the opponents of cam- of campaign finance reform. current system, Mr. President, but no paign finance reform are as passionate First, to establish limits on cam- one, no matter how abundant his or her in their opposition as we are in our paign spending. The root of our prob- campaign coffers, can forever disregard support. I do not doubt the sincerity of lems with the current system is that a demand for reform that is supported their conviction that too little money campaigns spend too much. To me lim- by three-quarters or more of the Amer- is spent on campaigns today. I dis- its are one of the most important ele- ican public. No one. agree, of course, but I cannot challenge ments of reform. Not all campaigns are waged in such their earnestness nor resent the pas- Second, we must end the practice of clear opposition to the public will. In sion with which they advance their ar- using soft money to evade contribution most elections, candidates generally gument. On a few occasions, I have limits. Soft money originally was in- avoid giving great offense to the vot- been known to invest my arguments tended to be used for party building ac- ers. It is in most elections that incum- with a little heated rhetoric, and it tivities, but in many cases, it has bents are undeniably, unmistakably, would be unfair of me to begrudge the turned into a negative campaign appa- and overwhelmingly advantaged over genuine ardor our opponents hold for ratus. challengers. their cause, as unsound as that cause Opponents of this measure, who are There are many approaches to cam- might be. paign finance reform. I favor the Fein- my friends, argue eloquently that we I commend them for their willingness stein bill because it recognizes the who propose this reform are the en- to extensively and openly debate this rights of organizations of every politi- emies of the first amendment; that we legislation, so that the public may cal persuasion to participate in the po- are engaged in that most un-American judge from our arguments who has car- of activities—the attempted litical process by gathering small do- ried the day. The cloture vote will indi- abridgement of every American’s right nations to candidates. cate legislative failure or success I speak from the heart when I say to free speech. I believe we have effec- today. But it will not necessarily indi- that we must pass campaign finance re- tively refuted that serious charge, in cate whose argument has prevailed. form this year and begin to restore the part because we have had an ample Nor, as I noted at the beginning of my faith and confidence of the American body of opinion by constitutional remarks, will this vote, should we fail people. scholars to rely on. For the record, let to reach cloture, signal an end to this Mr. MCCAIN. Mr. President, the Sen- me state the obvious: I did not seek campaign for reform. We will be back ate is about to determine whether bi- public office so that I might violate the next year. We will ultimately prevail. partisan campaign finance reform will Constitution. In my life, I have taken Before I conclude, Mr. President, I be an accomplishment of this Congress no oath more seriously than my oath want to again commend the Repub- or not. As I noted yesterday, the Mem- to defend the Constitution. I hope my licans and Democrats who sponsored bers of the 104th Congress can point colleagues will accept that I am their and helped to craft this first genuinely with pride, well-earned pride, to the equal in my love of our Constitution. substantial institutional reforms that Mr. President, we proponents of cam- bipartisan campaign finance reform were passed by this Congress. But the paign finance reform do not seek to bill. They have all distinguished them- reform which the public believes to be curtail the free speech of incumbents. selves in this debate, and in this cru- most necessary and most urgent—cam- We seek to give voice—a greater sade to keep faith with the people’s paign finance reform—is not yet among voice—to challengers than is usually just demands for reform. First among the accomplishments of this reform- the case under the present system of these friends is my partner, the Sen- minded Congress. campaign financing. These are vol- ator from Wisconsin, RUSS FEIGNOLD. Today, the Senate has an oppor- untary spending limits we have pro- The Senator is a man of honor, and his tunity to begin remedying that defi- posed. Yes, there are incentives in this sense of honor prevails over his sense ciency, and take a giant step toward bill to encourage candidates to abide of politics. That is a virtue, Mr. Presi- becoming one of the most important by these limits, and disincentives to dent, a sometimes inexpedient virtue, reform Congresses in American his- discourage candidates from exceeding but a virtue nonetheless, and one tory. Invoking cloture cannot guaran- them. But if a candidate feels that cir- which I greatly admire. tee this legislation will be enacted into cumstances necessitate campaign ex- Mr. President, the Senator from Wis- law, but we will be well on the way, penditures in excess of these voluntary consin and I came to the Senate to Mr. President. Momentum toward final limits, he or she is free to make those argue with one another. We came to passage may well prove irresistible in expenditures. the Senate with different ideas about the wake of a successful cloture vote. Their opponent, however, should not the proper size and role of Government But should we fall short of that goal be unfairly disadvantaged by the other in this country. today, it will not mean a permanent candidate’s refusal of spending limits. We came here to serve our constitu- end to this effort. Mr. President, we So, we have included provisions in our ents by serving those ideas, and we will have campaign finance reform; if legislation to help a candidate who want to spend our time here in open, not this year, then next; if not the abides by the limits keep pace with the fair, and honest debate over whose 104th Congress, then the 105th. We will campaign of the candidate who rejects ideas are the most sound. We did not have campaign finance reform because the limits. come here to spend the majority of our the people demand it. The people have Implicit in the arguments of this time raising vast funds to ensure our perceived in the manner in which we fi- bill’s opponents is the definition of free reelection. Nor did we come here to nance our reelection a profound in- speech as more speech. They argue that incur obligations to a few narrowly de- equity between incumbent and chal- if an incumbent does not spend more fined segments of this country. All lenger; an inequity which serves to dis- money on advertising than the chal- Americans deserve fair representation tance Members of Congress from the lenger, either because of voluntary by their Congress. will of the people; to further estrange limits or because the challenger is al- Mr. President, despite our philosophi- us from our employers, and indebt us lowed more discounted advertising and cal and political differences, Senator to an array of monied interests. The postage rates, then somehow the in- FEINGOLD and I have made a common people’s will cannot be forever denied cumbent’s free speech has been cur- cause in our pursuit of genuine cam- no matter how well inoculated we are tailed. In reality, Mr. President, our paign finance reform. To do so, we both by the financial advantages we claim legislation does not abridge the incum- knew that we would have to relinquish as incumbents. The people will have bent’s right to free speech; it advances all partisan advantages that had under- this reform, if not by our work, then by the free speech of challengers. It re- mined previous legislative attempts at the work of our replacements. futes the notion that for speech to be reform. We were determined to be fair, Some may see in that statement a free, one candidate must have more of Mr. President, and on no occasion—no contradiction. If current campaign fi- it than another. occasion—did Senator FEINGOLD, or S6816 CONGRESSIONAL RECORD — SENATE June 25, 1996 any of the cosponsors, attempt to seed pation in our political process by indi- on both sides of the issue and on both into this legislation an advantage for viduals who get together not because sides of the aisle, it has been an out- one party or the other. We were fair, they have some narrow economic inter- standing debate. we were committed to genuine reform, est in a particular bill but because they I commend specifically Senator and we were and are determined. have a broad interest in the direction MCCAIN, Senator FEINGOLD, Senator I have found the experience liberat- of government. That is exactly the THOMPSON, and others who have spon- ing, and I commend it to all of my col- kind of grassroots participation that sored this legislation, and for the qual- leagues. I urge all of my colleagues to groups like EMILY’S List and, yes, ity of their cooperation and debate. join us in this necessary endeavor, to WISH List, encourage. Yet this bill I also commend the courage, once accept the public will and restore the would ban such participation. In my again, of the outstanding leader of the public’s respect for the institutions opinion, that is a serious flaw. opposition to this campaign finance re- that are derived from their consent. But this bill does fix some of what is form, Senator MCCONNELL. He has done Vote for cloture. Vote for reform. most broken about the current cam- a magnificent job. I think we should f paign finance system. It sets reason- recognize that. able spending limits. It makes political I think this is an important issue RECESS campaigns more competitive for chal- which we will address, I am sure, again The PRESIDING OFFICER. Under lengers. And it sets reasonable limits in the future. But I think it is too im- the previous order, the hour of 1 on the influence of PAC’s. portant to address right at this point o’clock having arrived, the Senate will This is not an attempt by one party in the heat of the national election de- now stand in recess until the hour of to rewrite the rules to its own advan- bate. 2:15 p.m. tage. This is a bipartisan effort that I do not think we have the solutions Thereupon, the Senate, at 1:02 p.m., will be good for both our parties, and here. So I urge that cloture not be in- recessed until 2:15 p.m.; whereupon, the for our Nation. I want to thank Sen- voked. Senate reassembled when called to ators MCCAIN and FEINGOLD for their I hope the Senate will not invoke clo- order by the Presiding Officer (Mr. leadership in getting us to this point ture on the McCain-Feingold substitute COATS). against what must have seemed at amendment to S. 1219. f times very long odds. We all agree that campaign finance I will vote for cloture because I be- reform is an important issue. But it’s CAMPAIGN FINANCE REFORM lieve it is wrong if another Congress become too important to deal with it The Senate continued with the con- comes and goes and does nothing about during the heat of a national election. sideration of the bill. campaign finance reform. It is already too late in the calendar Mr. DASCHLE. Mr. President, the Talk may be cheap. But when endless year to make this bill’s provisions McCain-Feingold campaign finance re- talk is used to block action on cam- apply to the elections of 1996. So we are form bill is not a perfect bill. But it is paign finance reform, it becomes ter- not going to lose anything by waiting a good bill. More important, it provides ribly expensive because special inter- until early next year to get this job a good start on what ought to be one of ests are able to undermine efforts to done. our top priorities: loosening the grip of solve the problems that matter most to When we do it, we have to do it big-money special interests on politics. America’s families. right—the first time. We should not I will vote for cloture not because I A while back, the Speaker of the make the same mistake the Senate think this bill cannot be improved—it House said, and I quote—‘‘One of the made back in 1974, when it hastily cob- can—but because we must change the big myths in modern politics is that bled together a campaign reform bill way campaigns are financed, and this campaigns are too expensive. The po- that later came apart at the seams be- is, for now, the only means we have to litical process is not overfunded; it is fore the Supreme Court. make that change. underfunded.’’ Since the Court’s decision in Buckley There are those who say they oppose Mr. President, the American people versus Valeo in 1974, the Congress has cloture because they want to be able to do not agree. A poll conducted earlier been on notice that, when it comes to amend this bill and improve it. But let this year by a Republican and a Demo- imposing rules and restrictions on the no one in this Chamber be fooled: a cratic pollster asked people whether financing of political campaigns, we vote against cloture is a vote to kill they agreed that ‘‘those who make must be scrupulously careful of the campaign finance reform. We know large campaign contributions get spe- first amendment. that because the leading opponent of cial favors from politicians.’’ Sixty- In short, our good intentions must this bill has told us he intends to fili- eight percent said yes, they agreed, and pass constitutional muster. My per- buster this bill and kill it if we give they said they were deeply troubled by sonal judgment is that this bill does him the chance. it. not do so. To block reform with calls for debate So the need for campaign finance re- I recognize that others may disagree, is more than cynical. It is dangerous. form will not go away, even if, for some but when it comes to the free speech A while back, the Kettering Institute reason, campaign finance reform is not protections of the first amendment, I conducted a survey of Americans’ atti- enacted in this Congress. Ultimately, prefer to err on the side of caution, tudes about the influence of money on we must change the rules. We must rather than zeal. politics. The survey found a widespread lessen the influence of money on poli- I need not go into all the details al- belief that ‘‘campaign contributions tics. I urge my colleagues to join me in ready covered by other speakers, but I determine more than voting, so why beginning that change by voting now note that one of the key provisions in bother?’’ It described ‘‘a political sys- to bring this reasonable, modest pro- this legislation—concerning political tem that is perceived of as so autono- posal forward for a vote. action committees—has a fallback pro- mous that the public is no longer able Mr. LOTT addressed the Chair. vision, in case the original provision is to control or direct it.’’ The PRESIDING OFFICER. The ma- overturned by the Supreme Court as a ‘‘People talk about government,’’ the jority leader. violation of the first amendment. study said, ‘‘as if it has been taken Mr. LOTT. Mr. President, I ask unan- What that means to me is that we over by alien beings.’’ imous consent that I may use leader know at least some parts of this bill We will never restore faith in govern- time for a very brief statement. are on shaky ground. I think we should ment if people believe the political sys- The PRESIDING OFFICER. Without craft campaign finance reforms that tem is rigged against them, if they be- objection, it is so ordered. are rock solid. lieve it serves the wealthy, the power- Mr. LOTT. Mr. President, just very Two of our colleagues from the Re- ful, and the politically connected at briefly, I want to commend the Senate publican side of the aisle have played their expense. for the quality of the debate on this crucial roles with regard to this legis- The McCain-Feingold proposal, as I campaign finance reform issue. I have lation. Both have acted out of con- have said, is not perfect. For instance, been able to listen to several of the science and principle, and have come to I believe we should encourage partici- speeches that have been given. I think opposite conclusions. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6817

Senator MCCAIN took the lead in [Rollcall Vote No. 168 Leg.] In 1854, 8 years after Iowa joined the shaping this legislation and advancing YEAS—54 Union, the first State fair was held in it to this point. His determination has Akaka Ford Mikulski Fairfield, IA, on a 6-acre field. Even in kept this issue in the spotlight, and I Baucus Glenn Moseley-Braun those early years, Iowans came from know he will not give up the fight now. Biden Graham Moynihan miles around. Although the fair was Bingaman Harkin Murray I hope to work with him over the Boxer Hollings Nunn only a 3-day event, an amazing crowd next several months to see how we can Bradley Inouye Pell of 7,000 to 10,000 arrived 3 days before build on his efforts for a bill that will Breaux Jeffords Pryor and camped in covered wagons along Bryan Johnston Reid be more broadly supported and, finally, Bumpers Kassebaum Robb the road. In 1878, the fair grounds were enacted into law. Byrd Kennedy Rockefeller permanently moved to Des Moines. Senator MCCONNELL has, in this 104th Cohen Kerrey Sarbanes Today, the fairgrounds span 400 acres, Congress as in preceding years, been a Conrad Kerry Simon including 160 acres of campgrounds. Daschle Kohl Simpson consistent critic of campaign finance Dodd Lautenberg Snowe During the early years, a sampling of laws which, in his judgment, would Dorgan Leahy Specter popular entertainment features in- limit access to the political process or Exon Levin Thompson cluded female equestrians and a con- Feingold Lieberman Wellstone test among seven men to plow one- inhibit participation in it. Feinstein McCain Wyden To speak bluntly, he has put his neck quarter or an acre the fastest. In 1911, NAYS—46 out to defend the first amendment the Wright brother’s biplanes dem- rights of all Americans, even when it Abraham Frahm Lugar onstrated each day of the fair. Ashcroft Frist Mack was not fashionable to do so. I com- The State fair began a unique tradi- Bennett Gorton McConnell tion in 1916 that holds true today and mend him for doing so. I know he will Bond Gramm Murkowski be equally vigilant in the future, to en- Brown Grams Nickles continues to unite all ages of fair sure that the Congress does not at- Burns Grassley Pressler goers. That year, young 4–H club mem- Campbell Gregg Roth bers started a livestock and beef judg- tempt to achieve a worthy goal by less Chafee Hatch Santorum than worthy means. Coats Hatfield Shelby ing show. The following year boasted I think everyone has had their say Cochran Heflin Smith the largest sheep exposition of its time. Coverdell Helms Stevens To this day, young Iowa 4–H and FFA about campaign finance reform. Now Craig Hutchison Thomas exhibitors continue to impress visitors it’s time for the Senate to move on to D’Amato Inhofe Thurmond and judges with their livestock and other pressing issues. DeWine Kempthorne Warner Domenici Kyl homemaking projects. By the way, I So I will vote against cloture. And if Faircloth Lott am proud to say that 4–H was started my colleagues agree with me, and clo- The PRESIDING OFFICER. On this in Iowa. ture is not invoked, it will then be my vote the yeas are 54, the nays are 46. For over 141 years the essence of the intention to return to the Department Three-fifths of the Senators duly cho- Iowa State Fair has not changed. Its of Defense authorization bill. sen and sworn not having voted in the main focus continues to revolve around f affirmative, the motion is rejected. agriculture and its vast opportunities. Mr. FEINGOLD. Mr. President, I sug- The tradition of excellence in Iowa ag- CLOTURE MOTION gest the absence of a quorum. riculture products has stood the test of The PRESIDING OFFICER. Under The PRESIDING OFFICER. The time. Take a quote from a fair judge in the previous order, the cloture motion clerk will call the roll. 1854: ‘‘as to corn, it is useless to talk of having been presented under rule XXII, The legislative clerk proceeded to finding any better.’’ the Chair directs the clerk to read the call the roll. Many Americans may have read a cloture motion. Mr. LOTT. Mr. President, I ask unan- novel called, ‘‘State Fair,’’ or perhaps The legislative clerk read as follows: imous consent that further proceedings watched a version of it on the big under the quorum call be dispensed screen. Yes, it was written by an Iowa CLOTURE MOTION with. newspaperman and was based on the We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without Iowa State Fair. The famous Rodgers ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby objection, it is so ordered. and Hammerstein musical also was in- move to bring to a close debate on S. 1219, f spired by the Iowa State Fair. Last year, ‘‘State Fair’’ debuted at the Civic the campaign finance reform bill: MORNING BUSINESS Trent Lott, John McCain, Judd Gregg, Bob Center in Des Moines and opened on Smith, Rick Santorum, Sheila Frahm, Clai- Mr. LOTT. We do have some requests Broadway in March of this year. borne Pell, Jeff Bingaman, David Pryor, for time. With the agreement of the Folks from all walks of life come John F. Kerry, Paul Wellstone, Patty Mur- Democratic leader, I ask unanimous each and every year to enjoy the ray, Fred Thompson, Bob Graham, Herb consent that we be in morning business sights, tastes, and sounds of the State Kohl, Russell D. Feingold. until the hour of 3 p.m., at which time fair. Iowans hold a very special place in f we hope to have the unanimous-con- their hearts and take pride in our an- sent request involving a number of is- nual celebration of Iowa’s culture, his- CALL OF THE ROLL sues ready. tory, agricultural products, and com- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without merce. Without a doubt, individual and mandatory quorum call has been objection, it is so ordered. community efforts have made the Iowa waived. Mr. GRASSLEY addressed the Chair. State Fair a major event in the Mid- The PRESIDING OFFICER. The Sen- west. The bounty and achievements f ator from Iowa. from across our great Nation and from VOTE f overseas is honored each summer at IOWA STATE FAIR the Iowa State Fair. The PRESIDING OFFICER. The So put on some comfortable clothes question is, Is it the sense of the Sen- Mr. GRASSLEY. Mr. President, one and shoes. Remember that the tem- ate that debate on S. 1219, the cam- of the best ways to tell the Iowa story perature will be hot and the air humid. paign finance reform bill, shall be already unfolds each year in Iowa’s And let us go help judge the jelly and brought to a close? The yeas and nays capital city, Des Moines. The Iowa jam, look at the livestock, take a ride are required. The clerk will call the State Fair has become an icon of life in on the midway, eat a corn dog, and roll. Iowa—it is a reflection of what is best marvel at how realistic the cow The legislative clerk called the roll. about Iowa and its people. Sparking sculpted from pure butter looks. Let us The PRESIDING OFFICER. Are there the interest of hundreds of thousands all go to the Iowa State Fair. any other Senators in the Chamber of visitors each year, the State fair of- Ms. MOSELEY-BRAUN addressed the who desire to vote? fers a diverse range of exhibits and per- Chair. The yeas and nays resulted—yeas 54, formances. And it is among the largest The PRESIDING OFFICER. The Sen- nays 46, as follows: agricultural expositions in the Nation. ator from Illinois. S6818 CONGRESSIONAL RECORD — SENATE June 25, 1996 Ms. MOSELEY-BRAUN. Thank you. In the urban areas, 38 percent of the cation. We pay for government-spon- f schools reported at least one inad- sored health care, welfare, child care, equate building. In rural areas, it is 30 job training. We pay for crime preven- OUR NATION’S SCHOOLS percent. In the suburbs, it is 29 percent. tion to house millions of prisoners, Ms. MOSELEY-BRAUN. Mr. Presi- This problem is not just confined to more than 80 percent of whom are high dent, 2 years ago my colleagues, Sen- urban, rural, or suburban schools. It is school dropouts. ators KENNEDY, PELL, SIMON, across the board. Inner city schools are Every year the Federal Government WELLSTONE, and KERRY joined me in in disrepair, but so are suburban spends nearly half a trillion dollars on asking the General Accounting Office schools, as well as rural schools. antipoverty, crime prevention, and to study the condition of America’s My home State of Illinois is a micro- health care programs. schools. Since then, the GAO has sur- cosm of the Nation. We have Chicago, Investing in education would save veyed 10,000 schools in over 5,000 school farmland, wealthy suburbs, and the much of these costs and much of this districts. They have visited 41 schools poorest slums. Schools are crumbling money. Yet we have neglected the and interviewed State officials respon- across my State. Mr. President, 31 per- needs of our elementary and secondary sible for school facilities in all 50 cent of Illinois schools report at least schools, and it has shown up in our States. They have now written six re- one inadequate building, 62 percent re- children’s test scores. It affects their ports documenting the condition of port at least one inadequate building ability to concentrate and to learn and America’s schools. feature, 70 percent report at least one to receive the kind of education they Today, Mr. President, I am pleased to inadequate environmental condition. need to keep America competitive in present the final two reports in the se- In Illinois’ wealthier communities, the 21st century. ries. The first, ‘‘America’s Schools Re- schools are full of computers and are The time has come for a new school port Differing Conditions,’’ documents designed to meet every student’s and facilities paradigm. Local school dis- crumbling school facilities in every teacher’s needs. The situation is dif- tricts are simply overwhelmed. The State, in every region of the country, ferent in all too many other commu- local tax base often cannot itself keep in every type of community, and in nities. There, computers sit idle be- up with routine maintenance costs—let every type of school serving every kind cause the electrical power to run them alone the costs of upgrading schools for of American child. The second report, is not available, or because there is no- 21st century learning, or to ease over- ‘‘Profiles of School Condition by where to put them, or no one who crowding. Of course, local bonds issues State,’’ presents all the information knows how to use them. fail regularly. that the GAO has compiled on the con- Five years ago, in his book, ‘‘Savage State governments, the GAO reports, dition of school facilities in each State, Inequalities,’’ John Kozol described the are not fixing the problem. In 1994, building conditions and readiness for unbelievable conditions of some of Illi- they spent only $3.5 billion all told—a computers, as well as State funding nois schools. He reported schools ‘‘full far cry from the $112 billion need that needs and the level of State support for of sewer water,’’ without playgrounds, the GAO has documented. school facilities. science labs, or art teachers. He went I believe that the time has come for Mr. President, these reports docu- to schools where the stench of urine a partnership between all levels of gov- ment a problem that transcends geo- permeated the halls. He wrote of ernment. The national interest com- graphic and demographic boundaries. schools that were, in his words, ‘‘ex- pels us to support elementary and sec- Crumbling schools is not just an inner- traordinarily unhappy places.’’ ondary educational opportunities on a city problem, it is not just a problem Today, Mr. President, the GAO re- consistent national basis, and in ways for poor children or for minority chil- ports that these conditions still exist, that do not interfere with local control dren. Crumbling schools are every- in all 50 States—in States that place a of education. where. It is an American problem. And high priority on education, as well as Just as the Federal Government pays it relates directly to our future ability those that do not. for the Interstate Highway System, but to maintain the quality of life that I point out that these facility prob- the construction decisions are made at Americans expect. lems are not cosmetic. A study re- the State and local levels, the Federal I have charts here that paint the pic- leased last month found a direct cor- Government can support education in- ture of the schools’ conditions in the relation between crumbling schools frastructure without getting involved four regions of our country. In every and student achievement in the North in the kinds of decisions that belong at region, the GAO reports that whole Dakota schools. This study is the lat- the State and local levels. buildings are inadequate, that building est in a string of reports that consist- I have sent every Senator and Gov- features, like roofs, walls, and win- ently prove that students can’t learn if ernor the GAO results for their State dows, are inadequate, and that the en- their schools are falling down. and for the country. I welcome their vironment for learning, like the light- When we send our children to crum- input. It is time for us to open a dialog ing, ventilation, and indoor air quality bling schools, we subtract from their about this issue because I believe that is inadequate. opportunities. A generation ago, a col- together we can address this problem In the Northeast, 30 percent of the lege graduate earned about twice as and we can fix our schools. schools report inadequate buildings, 59 much as a high school dropout. Today, When America was faced with a chal- percent report inadequate building fea- the ratio is nearly 3 to 1. lenge of adapting to the industrial age, tures, and 57 percent report inadequate The income gap between educated we did, and we emerged as the world’s environmental conditions. Americans and uneducated Americans economic, military, and intellectual In the Midwest, 31 percent of the is growing. Gone are the days when leader. Now, we are moving into the in- schools report inadequate buildings, 57 strength and hard work were enough to formation age. We have to adapt again. percent report inadequate building fea- raise a family. In the information age, Investment in the infrastructure need- tures, and 57 percent report inadequate education is a prerequisite to employ- ed to support the technological change environmental learning conditions. ment. A good education has become a the world has witnessed is an ineffi- In the South, 31 percent of the form of currency that buys quality of cient and appropriate place to start. schools report inadequate buildings, 53 life. According to the Department of These reports today complete the percent report inadequate building fea- Labor, by the year 2000, half of all new first comprehensive school facility sur- tures, and 54 percent report inadequate jobs will require an education beyond vey in over 30 years and the most ex- environmental conditions. high school. haustive study ever. Their work pro- And in the West, 38 percent of the When we send our children to crum- vides the foundation for the new kind schools report inadequate buildings, bling schools, we subtract from Ameri- of Federal, State, and local partnership fully 64 percent report inadequate ca’s opportunities. Education benefits that we need to make our schools work building features, and 68 percent report the Nation as much as it benefits the for the 21st century. inadequate environmental conditions. individual. Mr. President, crumbling schools is a Mr. President, crumbling schools span When students do not learn, we all ticking time bomb. In this global econ- our country. contribute to the costs of remedial edu- omy, in the information age, we should June 25, 1996 CONGRESSIONAL RECORD — SENATE S6819 be able to devote some small measure than 20,000 Girl Scout Gold Awards to U.S. attorney and Jim Seykora, assist- of our national resources to prepare Senior Girl Scouts since the inception ant U.S. attorney. And working for the our children with a chance to learn. of the program in 1980. Recipients of Federal Bureau of Investigation were: Mr. KENNEDY. Mr. President, the the award have not only earned patch- Weldon Kennedy, Robert Bryant, Rob- Nation’s schools are facing enormous es for the Senior Girl Scout Leadership ert Blitzer, Thomas Kubic, Robin problems of physical decay. According Award, the Senior Girl Scout Chal- Montgomery, James Cleaver and to two GAO reports released today, lenge, and the Career Exploration Pin, Thomas Canady. These people’s dedi- ‘‘School Facilities: America’s Schools but also designed and implemented a cated service can best be seen in the Report Differing Conditions’’ and Girl Scout Gold Award project. final peaceful resolution of the con- ‘‘School Facilities: Profiles of School But perhaps most importantly, these flict. Condition by State,’’ 14 million of the six Gold Award recipients have made a Their work on this case is a textbook Nation’s children in one-third of our commitment to community that example of how to get the job done schools are learning in substandard should not go unrecognized. right. I salute these individuals who school buildings. About half of the Jacqui Meier, Julie Ann Greis, An- gave and risked a lot to see that the schools have at least one unsatisfac- gela Schierberg, Christina Teeters, Freemen were brought to justice with- tory environmental condition, such as Christie DeMoss, and Mindy Hiles have out the loss of life. poor air quality. put an extraordinary amount of work And finally, I would like to thank the Massachusetts is no exception— into earning these awards, and in the people who have been patient for over 2 Forty-one percent of Massachusetts process have received the community’s years. They have exhibited a shining schools report that at least one of their and the Commonwealth’s respect and example to the rest of the country, and buildings needs extensive repair or admiration for their dedication and they welcomed the influx of law en- should be replaced; 75-percent report commitment. forcement officials with open arms. having at least one inadequate building For 85 years, the Girl Scouts have These people are the residents of Jor- feature, such as a plumbing or heating provided ‘‘an informal educational pro- dan, MT, and the surrounding area. problem, and 80 percent have at least gram to inspire girls with the highest They are regular Montanans. I had the one unsatisfactory environmental fac- ideals of character, conduct, patriot- chance to visit with many of them. tor. ism, and service so they will become They were not particularly happy It is difficult to teach or learn in di- resourceful, responsible citizens.’’ The about all the fuss they were getting, lapidated classrooms. Student enroll- Licking Valley Girl Scouts alone serve but they knew that it would eventually ments will reach an all-time high next over 5,000 girl and adult members. pass. Without their patience and re- year and continue to rise. By this fall, Mr. President, I know my colleagues solve, we could not be enjoying the re- 51.7 million students will be enrolled in share my enthusiasm and admiration sults that we do today. elementary and secondary schools— for the Girl Scouts’ commitment to ex- Now that the standoff is over, life in surpassing the previous record of 51.3 cellence. And, I know you will agree eastern Montana will return pretty million in 1971, and enrollment will in- with my belief that this award is just much to normal. Folks can go back to crease to 54.1 million by 2002. We can- the beginning of a long list of accom- the lives they have come to miss over not tolerate a situation in which facili- plishments and successes from these the past few months. But as we do so, ties deteriorate while enrollments es- six Girl Scouts. it is important that we learn from this calate. f experience. And due to the efforts of GAO estimates that American the individuals I named, my State, our COMMENDING INDIVIDUALS WHO schools would need $112 billion just to country, is a little better and a little HELPED RESOLVE FREEMEN repair their facilities. Yet the Repub- wiser. STANDOFF lican budget cuts education by $25 bil- f lion, or 20 percent in real terms, over Mr. BAUCUS. Mr. President, I would the next 6 years, with no provision at like to take this opportunity to com- THE VERY BAD DEBT BOXSCORE all for maintaining or upgrading facili- mend to the Senate some valiant indi- Mr. HELMS. Mr. President, I think ties. In the Republican appropriations viduals who demonstrated courage, pa- so often of that November evening long bill scheduled for consideration in the tience, and understanding while work- ago, in 1972, when the television net- House this week, Federal aid to Massa- ing to end the standoff between the works reported that I had won the Sen- chusetts schools would be cut by al- Government and the so-called ate race in North Carolina. It was 9:17 most $40 million next year, compared Freemen. in the evening and I recall how stunned to the President’s budget. We in Montana are not accustomed I was. Obviously, the Federal Government to the national spotlight. We are con- I had never really anticipated that I cannot meet all the needs of all the Na- tent to mind our own business. But we would be the first Republican in his- tion’s schools. But education is a na- have received a great deal of publicity tory to be elected to the U.S. Senate by tional priority and a national invest- the last 21⁄2 months for the standoff of the people of North Carolina. When I ment. Clearly, Congress should not be the so-called Freemen. got over that, I made a commitment to slashing aid to schools when their The standoff took a long time, and myself that I would never fail to see a needs are so vast. was never without a serious threat of young person, or a group of young peo- f danger. Everyone involved with bring- ple, who wanted to see me. ing these fugitives to justice deserves I have kept that commitment and it LICKING VALLEY GIRL SCOUT our respect. has proved enormously meaningful to COUNCIL GIRL SCOUT GOLD First off, I would like to applaud two me because I have been inspired by the AWARDS individuals who dealt with the situa- estimated 60,000 young people with Mr. FORD. Mr. President, I want to tion years before the national media whom I have visited during the 23 years draw special attention today to six took an interest in the Freemen. I have been in the Senate. young woman from northern Ken- Charles Phipps, Garfield County sher- A large percentage of them are great- tucky. These six young women from iff, and Nick Murnion, Garfield County ly concerned about the total Federal the Licking Valley Girl Scout Council attorney, had to endure death threats, debt which back in February exceeded are recipients of the Girl Scout Gold imminent peril and, finally, intense $5 trillion for the first time in history. Award—the highest achievement a Girl media scrutiny. Through it all, they Congress created this monstrous debt Scout can earn. Each one has dem- handled themselves and their jobs with which coming generations will have to onstrated outstanding achievements in calm rational professionalism and pay. the area of leadership, community great courage. Mr. President, the young people who service, career planning and personal I would also like to thank several visit with me almost always are in- development. Federal officials who were instrumen- clined to discuss the fact that under Girl Scouts of the U.S.A. serves over tal in bringing this confrontation to a the U.S. Constitution, no President can 2.5 million girls and has awarded more peaceful resolution. Sherry Matteucci, spend a dime of Federal money that S6820 CONGRESSIONAL RECORD — SENATE June 25, 1996 has not first been authorized and ap- session was a bill that would make it the bill be placed at the appropriate propriated by both the House and Sen- easier for food unused by restaurants, place in the RECORD. ate of the United States. supermarkets, and other private busi- The PRESIDING OFFICER. Without That is why I began making these nesses to end up in food pantries and objection, it is so ordered. daily reports to the Senate on Feb- shelters, rather than in garbage cans The bill (S. 1903) was deemed read the ruary 25, 1992. I decided that it was im- and dumpsters. third time, and passed, as follows: portant that a daily record be made of BILL EMERSON was also in touch with S. 1903 the precise size of the Federal debt the needs of his constituents in south- Be it enacted by the Senate and House of Rep- which, at the close of business yester- east Missouri on transportation and resentatives of the United States of America in day, Monday, June 24, 1996, stood at other infrastructure improvement is- Congress assembled, $5,110,926,525,572.12. On a per capita sues. He worked for levies, for high- SECTION 1. DESIGNATION OF BILL EMERSON BRIDGE. basis, the existing Federal debt ways, and most recently, a bridge—a The bridge, estimated to be completed in amounts to $19,275.61 for every man, bridge which he fought hard to get Fed- the year 2000, that replaces the bridge on woman, and child in America on a per eral funding from the Federal Highway highway 74 spanning from East Cape capita basis. Administration for. It took several Girardeau, Illinois, to Cape Girardeau, Mis- The increase in the national debt in years, but BILL’s persistence paid off. souri, shall be known and designated as the the 24 hours since my report yester- The groundbreaking for the new Cape ‘‘Bill Emerson Memorial Bridge’’. day—which identified the total Federal Girardeau bridge will occur this sum- SEC. 2. REFERENCES. debt as of close of business on Friday, mer. It is estimated to be completed in Any reference in a law, map regulation, June 21, 1996—shows an increase of document, paper, or other record of the Unit- the year 2000. ed States to the bridge referred to in section more than $1 billion—$1,225,352,306.06, He commanded great respect on both 1 shall be deemed to be a reference to the to be exact. That 1-day increase alone sides of the aisle in both Houses, and ‘‘Bill Emerson Memorial Bridge’’. is enough to match the total amount was well known and well respected by Mr. BOND. I thank the Chair and my needed to pay the college tuition for the media. In honor of BILL EMERSON, I colleagues. This means a great deal to each of the 181,695 students for 4 years. now send to the desk a bill to designate the family of BILL EMERSON, to his con- f the bridge estimated to be completed stituents, and all of his good friends. by the year 2000 as the BILL EMERSON BILL EMERSON MEMORIAL We very much appreciate the expedi- Memorial Bridge. BRIDGE tious handling of it. I ask for its immediate consider- Mr. THURMOND. Will the Senator Mr. BOND. Mr. President, I rise to ation. yield? tell my colleagues of the death of a The PRESIDING OFFICER. The Mr. BOND. I am happy to yield. good friend and colleague, Congress- clerk will report. The PRESIDING OFFICER. The Sen- man BILL EMERSON, who, until Satur- The assistant legislative clerk read ator from South Carolina. day night, represented southeast Mis- as follows: Mr. THURMOND. Mr. President, I souri’s Eighth Congressional District. A bill (S. 1903) to designate the bridge, esti- want to commend the able Senator for BILL EMERSON was, I believe, well mated to be completed in the year 2000, that taking the action that he has. I knew known to many in this body, certainly replaces the bridge on Missouri highway 74 Congressman EMERSON. He was an out- to many around this city, and was spanning from East Cape Girardeau, Illinois, standing man, a man of integrity, abil- loved by the people of southeast Mis- to Cape Girardeau, Missouri, as the ‘‘Bill ity and dedication. I think the action souri. He had a long and distinguished Emerson Memorial Bridge,’’ and for other purposes. taken here today categorizes this man history of service in the U.S. Congress. for what he is: a man who loved this BILL EMERSON was a 15-year-old con- The PRESIDING OFFICER. Is there country, who served it well. This ac- gressional page in 1954 when a Puerto objection to the immediate consider- tion taken is altogether taken to honor Rican nationalist sprayed gunfire on ation of the bill? his memory. the House floor. BILL helped carry a There being no objection, the Senate I yield the floor. wounded Member off the House floor on proceeded to consider the bill. Mr. ROBB addressed the Chair. a stretcher. After high school and grad- Mr. BOND. Mr. President, I point out The PRESIDING OFFICER. The Sen- uation from Westminster College, he the mark of respect to BILL EMERSON is ator from Virginia. served as administrative assistant to the fact that I introduced this bill on Mr. ROBB. Mr. President, I would Representative Bob Ellsworth of Kan- behalf of my colleague, Senator like to add a word on behalf of BILL sas, and then to Senator Charles ‘‘Mac″ ASHCROFT, and we just started to work EMERSON. My perspective comes prin- Mathias of Maryland. Subsequently, he on the bill last night, and the cospon- cipally from the personal side. All of served in various legislative relations sors include Senator LOTT, Senator the Members of Congress, of course, positions with Fairchild Industries, DASCHLE, Senator INHOFE, Senator JEF- represent their districts and return to Interstate Natural Gas, Federal Elec- FORDS, Senator SMITH, Senator AKAKA, their districts often. But, frequently, tions Commission, and TRW. Senator CRAIG, Senator COATS, Senator they spend time in the communities In 1980, it was a new day. BILL was DEWINE, Senator DORGAN, Senator here in or around the Washington area. elected as a Republican Congressman THOMAS, Senator GREGG, Senator BILL EMERSON and his family were in the Eighth Congressional District, SIMON, Senator MIKULSKI, Senator members of our church, and were ac- the first Republican to win that seat in BROWN, Senator SNOWE, Senator MACK, tive participants. We sat with them. 52 years. BILL EMERSON was from that Senator KYL, and Senator CAMPBELL. We saw them. We experienced part of district. He knew the district. He spoke Mr. President, I ask unanimous con- this particular struggle, and we devel- to the hearts and minds and souls of sent that the distinguished President oped enormous respect for him and for the people of that district. They re- pro tempore, the distinguished Senator his family. turned him again and again, very from South Carolina, be added as a co- I join with and commend the distin- strongly each time he ran. BILL always sponsor as well. guished Senator from Missouri and the served his constituents. He was an ex- The PRESIDING OFFICER. Without others who have cosponsored this par- pert in agriculture affairs. Had he objection, it is so ordered. ticular resolution and have spoken out lived, he would have been the Repub- Mr. BOND. I ask unanimous consent on behalf of BILL EMERSON. He was a lican chairman of the House Agri- that Senator ROBB be added as a co- very fine human being. I think all of us culture Committee. sponsor. who had the privilege of knowing him He was well known for his work in The PRESIDING OFFICER. Without certainly respect what he did for his agriculture, including being a strong objection, it is so ordered. country, for his State, and we will miss advocate of food donation programs. He Mr. BOND. Mr. President, I ask unan- him in his service in the Congress of had worked with the late Congressman imous consent that the bill be deemed the United States. Leland on many of the food programs read the third time, passed, the motion With that, I yield the floor. that they shared a common interest in. to reconsider be laid upon the table, Mr. COATS. Mr. President, I came to One of his legislative priorities this and that any statements relating to the Congress in 1980, in the class that June 25, 1996 CONGRESSIONAL RECORD — SENATE S6821 included BILL EMERSON. It was a spe- struction, and for defense activities of the and would be very unlikely to be ac- cial class, elected at a unique time, so Department of Energy, to prescribe person- cepted in the conference. If we do that, we developed a pretty close relation- nel strengths for such fiscal year for the we can push forward with completion ship. Armed Forces, and for other purposes. of this bill by offering those amend- In addition to serving with BILL in The Senate resumed consideration of ments that are relevant to this bill. the House of Representatives for 8 the bill. Toward that end, over the past 4 years, we were friends of the family. Pending: days, the committee’s Democratic staff Kyl/Reid amendment No. 4049, to authorize BILL’s daughter, Tori, is the same age has been working hard on our side of underground nuclear testing under limited as my son, Andrew. They went through conditions. the aisle to compile a list of what school together and just recently grad- Kempthorne amendment No. 4089, to waive would be considered the major defense uated together. We attend the same any time limitation that is applicable to amendments to be offered by Demo- church as the Emersons, and so we awards of the Distinguished Flying Cross to cratic Senators, and time agreements have a number of things in common certain persons. for the consideration of these amend- with them. Warner/Hutchison amendment No. 4090 (to ments. We have that list, and we are amendment No. 4089), to amend title 18, working with the leadership to finalize I have had the opportunity to observe United States Code, with respect to the BILL and his reaction to the tragic stalking of members of the Armed Forces of the list. I would not say it is final now, news of his illness and the way in the United States and their immediate fami- but we certainly have some idea—more which he handled that. It was an ex- lies. than we did the other day. traordinary demonstration of courage Mr. NUNN. Mr. President, as we In addition, we will continue to urge and faith that he so magnificently han- begin the fourth day of consideration Senators who have an amendment to dled what many would view as a tragic of this bill, I thought it would be ap- offer on this bill to notify us of their situation. propriate to give the Senate my own intention as soon as possible so that we There are many measures of BILL EM- view of where we have been and where can develop a finite list of amendments ERSON. It would be impossible for me to I think we are going if we are going to that will lead to a time of completion list them all—diligent worker, some- finish this bill, which is a very impor- of the Senate consideration of S. 1745. one who knew Congress inside and out, tant measure. I know that a cloture motion has starting here at the age of 15, someone Thus far, we have debated this bill been filed on the defense bill and a vote whose life was devoted to public serv- for about 24 hours. We have disposed of will occur on that tomorrow morning. I ice, someone who deeply loved his fam- 34 amendments. I have not kept an understand where the Senator from ily and was a man of considerable exact count of the amount of time South Carolina and the leadership is faith. But I think the memory that I consumed by consideration of three coming from in proposing that motion. share of BILL EMERSON is one passed on nonrelevant, nongermane amendments I do not intend to support cloture at to me by my wife during the gradua- thus far to our bill, but I will make a this time. Invocation of cloture would tion ceremony when our two children conservative estimate, and a charitable require not only relevancy, but also graduated just a week or so ago. I did observation, that well over half of the germaneness. Many amendments that not see BILL at that time. I rushed in time of our debate has been devoted to directly relate to defense and that are from the Senate to the graduation just these three nonrelevant amendments. in the jurisdiction of the committee, in time for the beginning of the cere- While I believe the issues of reopen- which would be considered by the con- mony, but Marsha had met BILL, just ing Pennsylvania Avenue, pharma- ference and that would not require out- literally days away from his death, suf- ceutical patents under the GATT side conferees, are relevant to the bill fering from terminal cancer, sitting in agreement, and the stalking of women but not germane to the bill, which a wheelchair, assisted in his breathing are certainly worthy of Senate debate, would be required under cloture. with oxygen, with two dozen roses in none of them are in the jurisdiction of So I do not intend to support cloture his lap and a big smile on his face, this committee, and none of them are tomorrow. If it is invoked, everyone watching as his daughter received her in the jurisdiction of the conference should realize that most of these high school diploma. when we go to conference. All of them, amendments that I would call nonrel- Mr. THURMOND. Mr. President, I even if they are passed on this bill, will evant would be ruled out. suggest the absence of a quorum. require outside conferees and are un- I mentioned that considerable time The PRESIDING OFFICER. The likely to be accepted by the House. has been consumed on nonrelevant clerk will call the roll. The simple fact is that we cannot af- amendments. I hope that we can find The assistant legislative clerk pro- ford the time it takes to consider and ways to have time agreements. I hope ceeded to call the roll. to continue considering these nonrel- we can find a way to get a definite list Mr. LOTT. Mr. President, I ask unan- evant amendments. I may vote for all of amendments and make sure that imous consent that the order for the of them. But, at some point, the Senate those are the only ones that are going quorum call be rescinded. has to decide whether it wants to pass to be offered so we know we can finish The PRESIDING OFFICER. Without a defense bill. If so, then both sides of this bill. If we can do that on both objection, it is so ordered. the aisle have to cooperate and not sides, then, of course, we will not need f continue putting these kinds of amend- to invoke cloture. If we are not able to ments on the bill. do that on both sides in the near term, NATIONAL DEFENSE AUTHORIZA- I know the leadership is now discuss- then at some point I will support clo- TION ACT FOR FISCAL YEAR 1997 ing a unanimous-consent agreement on ture. But I do not intend to do so to- Mr. LOTT. Mr. President, I ask unan- the minimum wage, which would be a morrow. imous consent that we resume consid- big step forward, because if that does The defense bill was started last eration of the Department of Defense not occur, then that will certainly Tuesday, and one of the reasons I will authorization bill for debate only, until come up on this bill, in which case we not support cloture—in addition to the I seek further recognition at approxi- will never finish this bill this week. relevant and germane considerations, mately 3:20, while we continue to put I know Senators have a right to offer which are very technical but very im- the final touches on our UC request in- such amendments, but—and I know portant when people are frozen out of volving a number of bills. that my colleague from South Caro- amendments—is we have been inter- The PRESIDING OFFICER. Is there lina, the chairman of the committee, rupted over and over again in the con- objection? and I have talked about this, and he sideration of this bill. Although we Without objection, it is so ordered. has already addressed it—I hope that have had the bill before us for 4 days, The clerk will state the bill by title. we can resist the temptation from this we have not had many hours for debate The assistant legislative clerk read point on to have amendments that are on the bill itself. as follows: not germane to the bill, have nothing We have been interrupted, as I said, A bill (S. 1745) to authorize appropriations to do with defense, are not in the juris- by nonrelevant, nongermane amend- for fiscal year 1997 for military activities of diction of this committee, would not be ments. We were interrupted for consid- the Department of Defense, for military con- in the jurisdiction of the conference, eration of Federal Reserve nominations S6822 CONGRESSIONAL RECORD — SENATE June 25, 1996 on last Thursday. I understand that. I Forces and, in my judgment, it could The obvious candidates over the 15- certainly understand that we had no be the most important matter we will year horizon are Russia, and especially choice on that. address in the consideration of this China with its booming economy fuel- We, also, of course, have had a day year’s Defense authorization bill, or in ing its military revitalization and and a half of debate during this time on similar authorization bills through the modernization program. the campaign finance bill which we end of the century, because it goes Mr. President, in our long-term plan- voted on cloture on a few minutes ago. right to the heart of why we have a ning, we should also consider anew the That was on the floor both Monday and military and what we can expect in potential for armed conflict in broad a half day Tuesday. terms of national security for many geographic regions. Take, for example, So we have not really had a clear years to come. the tinderbox of the so-called Rising shot at moving this bill forward with Admittedly, the Department of De- East where the United States has genuine defense amendments. I think fense had some reservations about our fought five times in the last 100 years. we ought to give that a real try as we approach initially, but we have worked In addition to the United States pres- move forward this week. If we do not out those concerns, and I really believe ence and the armies of Russia and make progress in debating major de- this amendment is critical if we are se- China there, this vast area is home to fense amendments—we keep getting rious about our role in the inter- the world’s five other largest armed these amendments that are well-mean- national community and our simulta- forces: North and South Korea, Viet- ing and I am sure very sincerely pur- neous quest for credible deterrence and nam, and the potentially nuclear-capa- sued by Senators but that have nothing fiscal responsibility. ble India and Pakistan. The latter may to do with defense and in all likelihood Mr. President, we have to start by re- be particularly problematic. would not be part of a defense bill that examining the basic structure of the What on its face looks like a regional went to the President. If we continue U.S. Armed Forces. That structure, conflict might require redefinition to get those, we will simply not be able though smaller, has changed very little somewhere between global and re- to finish this bill. in its composition since the end of the gional, if nuclear weapons are ex- So with the continued leadership of cold war even though the nature of the changed, and affect a great many our chairman, Senator THURMOND, and threat and the means for countering it neighboring countries. the leaders, I am hopeful that by the are dramatically different. It would be incumbent on those con- end of the day today we will begin to I believe we need to take a long, hard ducting the review to detail the spe- have a road map to lead us to the con- look at the weapons systems that are cific forces—by active, reserve, and clusion of this bill. I urge everyone on on the drawing board and determine support force type—needed to execute this side of the aisle to let us know which are truly critical for the 21st alternative strategies that run the about your amendments. Many of them century. I believe we have to look for gamut from global war to two nearly can be worked and altered somewhat ways to leverage our Nation’s techno- simultaneous major regional con- and accepted. Some of them can be ac- logical advantages. flicts—or MRC’s, as we call them—to a By expanding the range and accuracy cepted the way they are now. But if we number of contingencies smaller than of our weapons and the effectiveness of are able to get those amendments, I an MRC. our support equipment, we may be able would want to work with the Senator Assumptions about Reserve readi- to reduce the number of troops and lo- from South Carolina in every way pos- ness, allied mission sharing, warning gistics operations. We certainly need to sible to have a definite list of amend- times, and the effect of developing take greater advantage of our excep- ments on the Democratic side that technologies on the force structure tional intelligence communications ca- would represent all of the amendments must also be addressed. pabilities which have the potential to that would be offered so that we could Other questions should include, at a dramatically affect how we develop and get a unanimous consent agreement minimum: What are the risks under al- deploy strategic doctrine and battle- that no other amendments would be of- ternative force structures, if funding field tactics. through 2010 and beyond remains con- fered, and then we would be able to see Mr. President, each of these areas of stant? Should forces be sized against the light at the end of the tunnel. endeavor ought to be explored in a specific enemy threats, against na- Mr. President, I yield the floor. major review of our force structure. We Mr. ROBB addressed the Chair. tional security commitments, or also need to assess the Bottom-Up Re- The PRESIDING OFFICER. The Sen- view’s assumptions about our capabili- against available national resources? ator from Virginia. ties in a more realistic fiscal context. Are the Reserves optimally trained, STUDY OF ALTERNATIVE FORCE STRUCTURES In particular, we need to take a much equipped, and deployed? Do peacekeep- Mr. ROBB. Mr. President, I first of more critical look at the kinds of ing operations necessitate changes in all commend the ranking member of threats to U.S. national security inter- the way we have organized, trained, the committee for his work in attempt- ests that we will likely face 15, 20, or and deployed forces? How should we ing to reduce the number of amend- even 30 years from now. bring our teeth to tail ratio back in ments so that we can handle this bill. While the original Bottom-Up Review line. I expect to follow his lead tomorrow served a useful purpose, its analysis of What outsourcing opportunities offer with respect to at least the first vote the personnel, weapons, and military the greatest potential for stretching on cloture. Shortly we will resume con- doctrine required by a 21st century the defense dollar? Are there better sideration, and it would be appropriate American force is simply no longer measures of readiness available? Does to offer amendments, and at that time adequate. the current structure of the unified I believe the next amendment to be of- The review that we are proposing combatant commands make sense for fered will be offered by the distin- should take a tabula rasa look at the the next century? guished Senator from Connecticut, nature and effects of unconventional Mr. President, many defense ana- Senator LIEBERMAN, shared by the cur- threats such as regional and ethnic lysts—in the Department, academia, rent occupant of the chair, the Senator conflicts, nationalism, political extre- and industry—are asking similar ques- from Indiana, Senator COATS, and a mism, and failed nation-states, pro- tions. I have been giving each of these number of us. liferation of weapons of mass destruc- matters a great deal of thought in re- I would like to speak for just a few tion, technology transfer, and informa- cent months, and my staff has done a minutes on that particular amendment tion warfare and terrorism, both inter- great deal of research. When I learned in anticipation of its being offered national and domestic. that Senator LIEBERMAN and others, in- sometime after the majority leader The review should, of course, look at cluding the current occupant of the opens the bill up for amendments at the continuing threats of major re- chair, were looking at different ele- that time. gional conflicts such as that of the Per- ments of the same challenge, we joined Mr. President, the amendment that sian Gulf, but it should specifically forces on this amendment to ask the we are going to be considering very look as well at the possibility of a Secretary of Defense, in consultation shortly will require a major review of major peer emerging or reemerging as with the Chairman of the Joint Chiefs the force structures of the Armed a competitor on the world stage. of Staff, to consider all of the matters June 25, 1996 CONGRESSIONAL RECORD — SENATE S6823 that I have just highlighted in the no mistake; that was a huge peace divi- a nonpartisan, effort. We do not pro- quadrennial defense review. dend, and our country has since cashed vide for our national security as a par- This review, recommended by the it on discretionary domestic spending, tisan issue. We do not view it even nec- Roles and Missions Commission, is an entitlements and interest on the na- essarily as a bipartisan issue. Rather, examination of U.S. defense strategy tional debt. When all is said and done, our national security is a nonpartisan and force structure through 2005. But the only thing that remains of the issue. We want to take as objective a we believe the Secretary ought to have peace dividend is the opportunity for look as we can at our current situa- a second opinion as well. continued peace. And we can only tion, at future threats to our national As such, this amendment will call for achieve that through the kind of pre- security and what kind of strategies, the creation of a parallel but independ- paredness to which this review will forces, and implementing needs we will ent panel of private experts from the lead us. have to face in the years ahead. Nation’s major think tanks, academia, It is my understanding that this This is a worthy effort. I wish to and the defense industry. The panel amendment is now broadly acceptable commend my colleague from Connecti- that we are going to describe would on both sides of the aisle, and when it cut for taking the bull by the horns have full access to DOD resources and is formally offered by my distinguished and pulling this effort together. It has analyses and will provide its assess- colleague from Connecticut in a few been a cooperative effort among a ment of the quadrennial defense review minutes and discussed by a number of number of us who worked with the De- by Secretary of Defense by March 14, colleagues who have been working on partment of Defense to iron out some 1997. it, I urge that all of my colleagues join concerns they had, and I think we have With this input, the Secretary of De- in adopting this particular amendment. an excellent provision which we will fense would finalize his quadrennial de- With that, Mr. President, I yield the shortly be adding to the Defense De- fense review and provide his summary, floor. partment bill. an assessment by the panel, and com- Mr. COATS addressed the Chair. ments by the Chairman of the Joint The PRESIDING OFFICER (Mr. PRIVILEGE OF THE FLOOR Chiefs of Staff to the congressional de- KEMPTHORNE). The Senator from Indi- Mr. LIEBERMAN. Mr. President, I fense committees by not later than ana is recognized. ask unanimous consent that Stanley May 15. It is a safe bet, it seems to me, Mr. COATS. Mr. President, very Kaufman, a Brookings Institution fel- Mr. President, that the ensuing hear- briefly, I wish to add to the remarks low, and Mark Rosen, Institute for Na- ings would be provocative and enlight- just made by the Senator from Vir- tional Securities Studies fellow as- ening. ginia. signed to my office, be permitted the Once the quadrennial defense review I had planned to be here when the privilege of the floor for the duration is completed, the panel will take the Senator from Connecticut, Mr. of the debate on the fiscal year 1997 de- next step of pushing the envelope in LIEBERMAN, introduces this amend- fense authorization bill. long-range thinking. ment. It is something that the Senator The PRESIDING OFFICER. Without Looking out to 2010 and beyond, the from Virginia, the Senator from Con- objection, it is so ordered. panel will explore a range of threat sce- necticut, the Senator from Arizona, Mr. LIEBERMAN. Mr. President, be- narios, build force structures to meet the Senator from Georgia and I have fore he leaves the floor, I thank my those scenarios, and explore the risks worked together on. Unfortunately, I colleague, the Senator from Indiana, and costs associated with each. In the have a schedule conflict which will for his support and his work in prepar- process of conducting this forward- take me off the floor, so I would like to ing the amendment that he spoke of on thinking assessment, the panel will make a preliminary statement prior to a force structures study for the United again have the authority to task any our going to the amendment. States and also to thank our colleague DOD component for data and analysis. This amendment is a natural conver- from Virginia, Senator ROBB, for the gence of thinking of members on the The panel’s final product will be de- very thoughtful, forthright, and very Armed Services Committee and other livered to the Secretary of Defense not constructive words that he spoke on Senators regarding the need for more later than December 1, and the Sec- behalf of the amendment that we hope information with which to make as- retary, in turn, will submit the panel’s to offer to the defense authorization sessments about future defense spend- report to the Congress no later than bill before too long this afternoon, ing programs and plans. December 15, along with his comments after a unanimous-consent request is Clearly, we rely a great deal on the on the report. agreed to by the leadership. In the final analysis, we need to ac- Department of Defense for provision of knowledge that defense spending has information and guidance in terms of If I may, to expedite matters, I would fallen to a level that simply will not how the committee operates, but I like to take this opportunity to com- meet the national military strategy for think many of us felt we needed addi- ment on the amendment that I will be fighting and winning two nearly simul- tional information in order to take a offering at the appropriate time. I am taneous major regional conflicts. longer look at how we strategize, plan honored to be offering it on behalf of Overall defense spending as a per- for, fund, and program Department of Senators COATS, ROBB, MCCAIN, NUNN, centage of GDP has fallen to its lowest Defense needs. INHOFE, KEMPTHORNE—the occupant of level since just after World War II. It We felt it might be helpful to have an the chair—WARNER, HUTCHISON, absorbed about 10 percent of the gross outside review panel help us in that SANTORUM, MURKOWSKI, LEVIN, FORD, domestic product during the early process. So over the past several BOND, and, I am pleased to say, last but 1960’s. Today, that number has dropped months, a number of us have talked not least—last but most—the distin- to below 4 percent, and it is projected about coordinating and combining our guished majority leader of the Senate, to continue to fall in the outyears. efforts into language that we can in- the Senator from Mississippi, Mr. I submit that we ignore the implica- sert in the next fiscal year’s defense LOTT. tions at our peril. authorization bill. This language will This amendment calls on the Sec- It is up to us to ensure that future direct the Secretary of Defense to ap- retary of Defense to conduct a thor- generations of Americans are afforded point and work with an independent re- ough study of alternative force struc- the strong measure of security that we view panel to give us a broader, longer tures for our armed services. What are have come to expect as a Nation for the look at defense strategy and defense we talking about? We are really talk- last 50 years, and the best way we can needs. ing here about providing the members assure this is through the judicious ap- I am pleased to join with Senator of the Senate Armed Services Commit- plication of foresight and steadfast- LIEBERMAN in authoring this effort. tee, most of whom are cosponsors of ness. Senators ROBB, MCCAIN, NUNN, INHOFE, this amendment, and then in turn the Defense spending in the 5 budget KEMPTHORNE, WARNER, HUTCHISON, full Congress, with the information to years immediately after the cold war SANTORUM, MURKOWSKI, LEVIN, and help us answer fundamental questions was $350 billion less than the amount FORD have all joined in this effort. It is about our future national security. The projected in the cold war budget. Make bipartisan, and I believe you could say questions are as simple as this: To the S6824 CONGRESSIONAL RECORD — SENATE June 25, 1996 best of our knowledge, to the best of sian nationalism, perhaps China in the frequently discussed and debated only the knowledge of the best thinkers we next century—those are factors we by a small group of Americans, yet have on these matters, both inside and need to consider and attempt to evalu- they are the fundamental questions outside the Pentagon today, what are ate as we plan and execute our national that any society faces. How do we pro- the security threats that America is security programs. tect our security? How does the Gov- likely to face in the next century and Obviously, there is also the insidious ernment best do that? how can we best meet those security and dangerous and more near-term It is the hope of those of us who will threats? It is as simple, and in some threat posed by terrorists who may introduce this amendment a bit later ways as complicated, as those simple come to possess weapons of mass de- on in the afternoon that the study, the questions suggest. struction, and who also, unfortunately, inquiry authorized by this amendment, Those of us who are sponsoring this possess a disregard for human life both within the Pentagon and by the amendment believe that such a study which might restrain rational actors independent, nonpartisan commission is essential if the United States is from employing those weapons of mass created by the amendment, will engen- going to be able to meet the security destruction and, in fact, have re- der what will challenge, not just those challenges of the 21st century in light strained those who possessed those of us here, but those outside the build- of the dramatic changes that have oc- weapons in the past from doing so. Add ing, outside Washington, to engage curred in the geopolitical situation, to this the major advances in and pro- with us in a great debate as to how we the changes in the threats to our secu- liferation of ballistic missile tech- can continue to protect our national rity which, in the view of some experts, nology, which make possible the abil- security in the next century. are even more daunting than those we ity to deliver these weapons of mass We cannot afford, either fiscally or faced in the cold war, and the ever- destruction cheaply, effectively, and strategically, to continue to tinker at present but increasingly more difficult with stealth, and we have to conclude the margins of our military forces or to problems of resource constraints, that the world is not only not as pre- procure cold war systems we have pre- which is to say budget pressure—lim- dictable as it once was but in many re- viously bought but only in diminishing ited amounts of money to spend on the spects it is actually more dangerous quantities and at ever-increasing full range of governmental responsibil- than it was during the cold war. prices. We need the Secretary of De- ities; remembering, as we approach Our ability to deal with these chang- fense and the chairman of the Joint this function of Government, that the ing conditions is, of course, affected by Chiefs to put their best minds to work reason governments were formed in the limited defense budgets, as I have said. on these ideas and issues in a focused first place was to provide that under- In moving, as we are doing, slowly but and comprehensive and independent pinning of security without which we directly, to a balanced budget, we are way. cannot then go on to secure and pro- going to be under increasing pressure, The amendment that we will offer vide the freedom and opportunity and in meeting our defense needs and other does not in any way second-guess or in- benefits that Government attempts to needs, to get the maximum bang for fringe on the duties and prerogatives of provide for our people. the buck. If we are to succeed in mak- the Department of Defense. In fact, we This study that will be authorized by ing the best use of these limited de- know that there is much thinking in this amendment is also an attempt to fense dollars, we have to continually the department today along the very not just provide a road map to our fu- ask: Are we spending our defense dol- lines this amendment would request. ture national security, but to break lars as wisely and efficiently as we pos- We believe our amendment will out of the day-to-day momentum, the sibly can? Are we buying the right strengthen the department’s hand and inertia of the process of authorization things to support a properly sized force help it prepare in the assessment and and appropriation for defense needs as structure? Are we taking maximum ad- recommendations which will serve as it exists now. Many changes have oc- vantage of technology to avoid being the basis for fortifying the national bi- curred, dramatic changes responding to bested in the future, being defeated in partisan, nonpartisan consensus for de- changes in technology, which provide the future by an opponent that is now fense which we must have in the years our war fighters with capability that inferior but one that may invest wisely ahead. no war fighters in history have ever in the next generation’s technologies This is not just a question of measur- possessed. Yet the changes are so dra- and take advantage of vulnerabilities ing by the dollars. What the Senator matic, the world so uncertain, our fun- that we may have? from Virginia said is worth bearing in damental responsibility to provide for Again, underlying all these questions mind as we judge our defense spending, our national security so great, that are those fundamental questions I which is that we are now committing what we who will put forth the amend- posed a few moments ago: What are the less money to defense as a percentage ment are asking is that we step back threats we will face in the future and of our gross domestic product than we from the day-to-day, that we look out what do we need to deter and, if nec- have since the second world war. The over the horizon. As one of my cospon- essary, defeat those threats? pressure is on to continue to reduce sors said, that we go up to 30,000 feet We have to determine the bottom those expenditures. and we look out as far as we can see to line of what is it we want our military We have to be devoted to eliminating the future security threats we may to do, not just in the sense of military waste and overlap and taking maxi- face and how we can best meet them; capabilities, but also in the broader mum advantage of new technologies so to ask the bold questions, the ques- context of what responsibilities we that the dollars are not the only meas- tions that unsettle the status quo, that want the United States to accept in the ure. But it is worth noting, as we con- do not always, in the normal course of next century and what we will need our sider those broader and deeper meas- the process, get asked here. That is military to be able to do in order for ures, that even this year’s defense au- really what this is all about. our country to fulfill those responsibil- thorization bill, with the additional The United States obviously is, ities. money added by the Senate Armed today, the world’s only true super- Once we answer those questions— Services Committee, represents the power. On the other hand, there is no those fundamental questions—we can 11th consecutive year in which our shortage of threats to our national in- move on to define how we shape, size, spending for national defense has terests. We see them all around. In and equip those military forces so they dropped in real dollars. That is some- many real ways our military has been can confront the wide range of chal- thing that all of us here, and as many operating at a greater tempo since the lenges we will face and if necessary, people as we can stimulate into the dis- end of the cold war than it did before. again, deter and defeat an opponent’s cussion out there in the citizenry, We face many dangers—rogue states military forces. ought to ponder. like Iran, Iraq, North Korea, the more Mr. President, we need to generate Mr. President, this amendment has a profound and we hope longer range and here an informed national debate on unique feature which is central to the perhaps never-realized potential for the what our defense posture should be in goal of the amendment, which we hope emergence of another superpower peer the 21st century. The fact is, that these will help in reestablishing the kind of competitor, perhaps a resurgent Rus- questions of national security are too national debate on national security, June 25, 1996 CONGRESSIONAL RECORD — SENATE S6825 and a consensus to follow, which I ons of mass destruction, terrorism, and that we felt they deserved a reasonable think we all believe is essential. information warfare, a whole new cat- amount of time to complete their The amendment provides for what egory of threat to our country built on work. might be called a Team B, a group of the dependence that we have developed There is one last very important wise men and women, recognized de- on information technology and the fear point which I do want to emphasize. fense experts, to be appointed by the that many have that an enemy may be That is that this amendment was de- Secretary of Defense, in consultation able to disrupt our society by disrupt- veloped in a truly bipartisan way, such with the Senate and House defense au- ing our information systems, our com- that we really consider it—those of us thorization committees, to review the puter systems, particularly those criti- who are sponsoring it—to be a non- work of the Pentagon called for in this cal ones, not only in the defense areas, partisan amendment. Of course, it amendment and to offer comments and but, for instance, in financial areas. ought to be. When we are dealing with suggestions on how America can most The National Defense Panel must our national defense, there ought not effectively meet our defense needs in also consider scenarios based on these to be Democratic and Republican posi- the next century. threats, which would include the possi- tions. There ought to be American po- This group would provide its propos- bility of both large and small conflicts, sitions. That is the spirit in which the als and ideas to the Secretary for his recommended force structures that work on this amendment has gone for- consideration as he prepares to report would permit military responses to ward. to the Congress, required by the those scenarios, and an assessment of Members and staff from both sides of amendment. The real hope here is that the funding which would be required. the aisle on the Armed Services Com- this nine-person, nonpartisan commis- The Panel would submit its report to mittee were involved in writing this sion, appointed by the Secretary of De- the Secretary of Defense, which in turn amendment. The process we used re- fense, would essentially go out of the he would add his comments before pro- sulted in lengthy, thoughtful, and spir- box and ask the questions that either viding it to the Senate Armed Services ited debates about the future of our na- we have not thought of or we have de- Committee and the House National Se- tional security and our Armed Forces. cided are unthinkable or that we curity Committee by December 15, 1997. Each of us, I think, undertook this en- should not think about, to force us to So we have the Secretary of Defense, deavor because we care about our na- face the tough questions about our se- consistent with our belief of civilian tional security and have tremendous curity needs, to help us do what we control of the military that is so fun- respect for the professionals who serve have been trying to do on the Armed damental to our democracy, overseeing every day, in and out of uniform, in the Services Committee of the Senate, the development of the in-house quad- Department of Defense. which is to break out of business as rennial defense review. My special thanks go to Senators usual. The National Defense Panel convenes COATS, MCCAIN, ROBB, and their staffs For the benefit of my colleagues, I in December of this year if this amend- who contributed so much to this effort, will briefly explain what the amend- ment passes. It begins its own work, as well, of course, to Chairman THUR- ment does. First, it acknowledges that and it works with the Defense Depart- MOND and Senator NUNN and their pro- the Defense Department has been plan- ment as the department is developing fessional staff members, for their en- ning to do a quadrennial defense review the quadrennial review. couragement and their very, very con- at the beginning of the next adminis- It offers suggestions and responses to cise and constructive support. tration, pursuant to a recommendation those working in the department on We also appreciate the time that was made by the Commission on Roles and the quadrennial defense review. That spent by personnel in the Department Missions. And it then, in a sense, review is then submitted to the Con- of Defense, particularly Deputy Sec- makes statutory that quadrennial re- gress next spring. The National De- retary of Defense John White and his view. It requires the review to go for- fense Panel continues its work, com- staff, who reviewed and advised us on ward. ments on the final product of the quad- this amendment, and who have wanted It would be a comprehensive exam- rennial defense review, and then offers to go forward in a spirit of cooperation ination of the defense strategy, force to the Secretary of Defense, by next not only among the parties here but structure, modernization plans, infra- fall and into the early winter, its re- between the Congress and the execu- structure, and other elements of the port—bold, hopefully, in some measure tive branch. defense program with a view toward de- unsettling and provocative, which the The future of our national security is termining the defense strategy of our Secretary of Defense then turns over to obviously far too important to be left country as far forward as the year 2005. us by December of next year. to business as usual at either the exec- Then the amendment would establish Mr. President, there have been some utive or legislative branch. I cannot the nonpartisan, independent, nine-per- concerns expressed about this schedule. thank the Department of Defense son panel of recognized defense experts Some, for instance, have said that De- enough for the support, encourage- that I have spoken of. We are calling it, cember of next year is too late. Others ment, counsel, occasional disagree- in the amendment, the National De- have argued that this timetable does ment, but ultimate consensus that is fense Panel. It would be tasked, first, not give the Department of Defense expressed in this amendment. with assessing the Pentagon’s quadren- adequate time to address all of these In summary, and finally, Mr. Presi- nial defense review, as it progresses, as important issues. dent, what this is all about is becoming well as the final report upon comple- I believe we have struck a good mid- engaged in a very difficult, com- tion, and then would comment on the dle ground here with the schedule that plicated, farsighted but critical debate findings of the review to the Secretary is in the amendment, building on work about how we can have the best na- of Defense. which is underway, has been done, or tional security possible for America, The amendment also requires the will be initiated if this legislation particularly now as we, in some sense, Panel to conduct an alternative force passes. The sooner the Members of Con- reign supreme, unchallenged, as the structure assessment which would re- gress can get these important analyses greatest superpower in the world, un- sult in a variety of proposed force and these recommendations, the sooner derstanding that history teaches us structures that could meet anticipated we will be able to hold hearings on that the special position of power and threats to our national security. In them, try to involve the public in our relative invulnerability is not enjoyed this case we take it through the year considerations, and begin to make the by nations for long periods of time un- 2010, and if the panel determines it is very important decisions that will af- less they plan and act to make that so. appropriate and rational, beyond the fect our national security in the com- Nations rise and nations fall over the year 2010. ing decades. course of history. The amendment specifies, although it There is no time to waste, but, of What this amendment is about is does not limit, a baseline of issues course, these are such complicated, making sure that the United States of which this national defense panel must fundamental, important questions that America remains strong and dominant, address. These will include near-term we are giving both the Defense Depart- able to deter threats to our security and long-term threats, including weap- ment and the National Defense Panel, and, if necessary, to defeat them far S6826 CONGRESSIONAL RECORD — SENATE June 25, 1996 into the next century. We have the re- quired by his own strategy. In fact, it Now, Mr. President, in closing, I sources, we have the brain power, we is frequently noted that the force want to commend the ranking member, have the courage and skill of our war structure is underfunded by as much as Senator NUNN, for the remarks he fighters to make that happen. This $150 billion. Not only has this adminis- made on this subject, about going amendment is all about making sure tration failed to provide the funds re- ahead. We need to know what the that we use and develop those natural quired to sustain the numerous foreign amendments are. Any Senator who has strengths that America has to the best adventures in which the President in- an amendment to the defense author- of our ability. volves our military forces, but the ad- ization bill should come forth and I come back to the final point that ministration has also failed to provide present that amendment. Time is fleet- we have to involve the American peo- the funds required to modernize our ing. We want to finish this bill by ple more in these discussions. Some- military forces for the conflicts of the Thursday night, and we would like to times, particularly when we exist, as 21st century. know what it is. we do now, at a time of relative na- Mr. President, the people of the Unit- The other thing I want to mention is tional security, it is hard to get people ed States cannot afford to continue that amendments should be defense-re- to focus in on the details and on the down this dangerous path. lated. If they are not defense-related, Since the collapse of the Soviet need to continue to commit adequate they should be offered on some other Union and the end of the cold war, the resources to our national defense. I am bill and not on this particular bill. United States has conducted two sub- convinced that if we find ways to in- Mr. President, this is important. We stantial assessments of the force struc- volve more of our citizens in these dis- have to finish this bill in due time, and ture necessary to protect American in- cussions, in the work of a nonpartisan we should waste no time in getting terests in an increasingly chaotic these amendments in. Let the amend- panel, a national defense panel, in the world. The base force of the Bush ad- ments be defense-related, or offer them hearings that it may hold, in the hear- ministration laid a credible foundation to some other bill. ings that will surely be held here in for restructuring our forces in order to Mr. President, I yield the floor and Congress after we receive these reports meet the realities of the post-cold war suggest the absence of a quorum. from the Secretary of Defense, then the world. However, President Clinton’s The PRESIDING OFFICER. The American people and we, their Rep- Bottom-Up-Review, which replaced the clerk will call the roll. resentatives in Congress, will surely base force, failed to make any mean- The legislative clerk proceeded to provide the resources necessary to pre- ingful contribution because it did not call the roll. serve our liberties and defend our na- outline a force structure that would Mr. LOTT. Mr. President, I ask unan- tional principles and interests. protect American interests into the imous consent that the order for the Mr. President, an informed public next century. As we look toward the quorum call be rescinded. will always understand the wisdom and future, it is essential that we re-exam- The PRESIDING OFFICER. Without the memorable comment made by the ine the world security environment and objection, it is so ordered. great British soldier and leader, Sir develop a military force that will be John Slessor, when he said, capable of defending American inter- f It is customary in democratic countries to ests in future conflicts. UNANIMOUS-CONSENT AGREE- deplore expenditure on armaments as con- Mr. President, the proposed amend- MENT—H.R. 3448, H.R. 3415, AND S. flicting with the requirements of social serv- ment will set this reexamination in 295 ices. There is a tendency to forget that the motion. The amendment requires the most important social service that a govern- Mr. LOTT. Mr. President, I would Secretary of Defense to perform an as- ment can do for its people is to keep them like to join now with the Democratic sessment of the national security alive and free. leader in getting a very large unani- strategy, and the force structure nec- Mr. President, I hope when we intro- mous-consent agreement. A lot of ef- essary to support that strategy, duce this amendment later in the after- fort has gone into the preparation of through the year 2005. In addition, the noon that other colleagues will join us this unanimous-consent agreement. It amendment creates an independent, in cosponsoring it and, of course, in is based on a lot of give and take in ne- nonpartisan panel of national security voting for it. experts to review the Secretary’s as- gotiations and trust and good faith. I I thank the Chair for the opportunity sessment and provide a report to the will continue to try to proceed in that to address the amendment. I look for- Congress which offers alternative force way. ward to returning and actually intro- structures to that which is provided by I want to thank Senator DASCHLE for ducing the amendment when the appro- the Secretary. his cooperation, and I hope we can con- priate unanimous-consent agreement is The information that is provided by tinue to work in this way. I would like entered. I yield the floor. I suggest the each of these reports will be available to proceed now with the request, and absence of a quorum. to both the administration and the we can discuss it further as we go The PRESIDING OFFICER (Mr. Congress for use in making decisions to along, or after we get the agreement THOMPSON). The clerk will call the roll. prepare the armed forces of the United entered into. The assistant legislative clerk pro- States for the 21st century. These re- I ask unanimous consent that on ceeded to call the roll. ports will make a significant contribu- Monday, July 8, at a time to be deter- Mr. THURMOND. Mr. President, I tion to ensuring that our national se- mined by the majority leader, after no- ask unanimous consent that the order curity strategy is sufficient to protect tification of the Democratic leader, the for the quorum call be rescinded. American interests in the future, and Senate turn to the consideration of The PRESIDING OFFICER. Without that the force structure is sufficiently H.R. 3448, the minimum wage bill, and objection, it is so ordered. funded to support that strategy. We it be considered under the following re- Mr. THURMOND. Mr. President, I must be sure that the strategy and straints: rise in support of this amendment to be force structure are balanced and afford- That immediately following the proposed by the able Senator from Con- able. clerk reporting the bill by title, the necticut, and I ask unanimous consent Mr. President, now is the time that committee amendment be agreed to that I be listed as a cosponsor. we should undertake a fundamental re- and considered original text for the The PRESIDING OFFICER. Without examination of our national security purpose of further amendments, and objection, it is so ordered. requirements. The national security the Senate then deal with amendments Mr. President, for the past 3 years strategy of the Clinton administration to title I, the small business tax title; the Clinton administration has failed has failed to provide for the future se- that there be one first-degree amend- to articulate a sound and credible na- curity of the United States. We cannot ment relevant to the small business tional security strategy. A large part commit the security of our children to tax title for each leader, with no other of this failure is the result of the Presi- this failed strategy and insufficiently amendments or motions to refer in dent refusing to submit a budget re- funded force structure. Therefore, I order to the bill, other than the mini- quest which provides the necessary urge my fellow Senators to support mum wage amendments listed below, funds to support the force structure re- this amendment. except for any manager’s amendment June 25, 1996 CONGRESSIONAL RECORD — SENATE S6827 which can be cleared by the two man- ignee under the same terms as outlined leader’s request. I am wondering if any- agers and the two leaders, and that no for Senator LOTT, with no motion to where in the unanimous consent re- points of order be considered as having refer in order and no points of order to quest if my thrust of offering this been waived by this agreement. be considered as having been waived by amendment is going to be impaired in I further ask unanimous consent that this agreement, and following the dis- any way, or will there be an oppor- upon the disposition of the small busi- position of the above-listed amend- tunity? ness tax amendments, Senator KEN- ments and the conclusion or yielding Mr. LOTT. If I might respond, Mr. NEDY be recognized to offer an amend- back of time the bill be advanced to President, there is nothing in this ment making modifications with re- third reading, and final passage occur, agreement that in any way affects spect to minimum wage and time on all without further action or debate. that, or stops it being offered. I know the Kennedy amendment be limited to Finally, I ask unanimous consent the Senator has indicated the desire to 1 hour, to be equally divided in the that immediately following the pas- do that at any and every opportunity. usual form; that no amendments, sage of H.R. 3448 the Senate proceed to This in no way impairs that right. points of order, or motions be in order calendar No. 389, S. 295, the TEAM Act, Mr. PRYOR. Mr. President, I was try- during the pendency of the Kennedy under the following restraints: ing to protect my rights and protect amendment, and following the conclu- Two amendments in order to be of- the opportunity to offer this amend- sion or yielding back of the time, the fered by the Democratic leader, or his ment at the appropriate time either on amendment be laid aside. designee, and two amendments in order the DOD or some other subsequent I further ask that following the de- to be offered by the majority leader, or piece of legislation. bate on the Kennedy amendment, Sen- his designee, and that all first-degree Mr. President, I will not object. I ator LOTT or his designee be recognized amendments in order to S. 295 be rel- thank the Chair for recognizing me. to offer an amendment relative to min- evant and submitted to the two leaders The PRESIDING OFFICER. Is there imum wage, and it be considered under in the form of a summary under the objection to the request? Without ob- the same restraints as outlined for the same terms as described for H.R. 3448 jection, it is so ordered. Kennedy amendment, and following the with the same veto authority expiring Mr. LOTT. Mr. President, if I could conclusion or yielding back of time, at 3 p.m. on Wednesday, June 6, 1996, be recognized—I know the distin- the Senate proceed to a vote on the and that time for debate on the bill be guished Democratic leader would like Lott amendment, to be followed imme- limited to 1 hour in the usual form, to be recognized—to summarize. diately, regardless of the outcome of with time on each amendment limited This means we will take up the mini- the Lott amendment, by a vote on the to 1 hour equally divided, and that no mum wage, small business tax package, Kennedy amendment. other amendments or motions to refer and amendments to that on Monday I further ask that time for debate on be in order and no points of order be July 8, and I am sure it will go over the bill be limited to 1 hour to be considered waived by this agreement. until Tuesday, July 9. That will be fol- equally divided in the usual form, and I further ask that following the dis- lowed by the TEAM Act which involves position of the above-listed amend- further, that following the disposition employee-employer relationships in ments the bill be advanced to third of the Kennedy amendment, no further the workplace. That will be taken to reading and the Labor Committee be minimum wage amendments be in final passage. discharged from further consideration order to the bill. I will ask at a later And then at a time and in a way that of H.R. 743, and the Senate proceed to time that the minimum wage amend- we will work on further, the gas tax re- immediate consideration, that all after ments be printed in the RECORD. peal bill will also be brought up at a Further, I ask that all remaining the enacting clause be stricken, the later date. first-degree amendments be submitted text of S. 295, as amended, if amended, I am sure there are a lot of Senators to each leader in the form of a sum- be inserted, the bill be advanced to that are not totally happy with this on mary by 12:30 p.m. on Wednesday, June third reading and final passage occur, both sides of the aisle. But I think this 26, provided that either leader may all without further action or debate. is what needs to be done to move these And, finally, I ask unanimous con- void this agreement after consultation issues through the process, allow the sent that no call for the regular order prior to 3 p.m. on Wednesday, June 26, Senate to offer amendments, and have serve to displace H.R. 3448, H.R. 3415, S. 1996. debate and have votes. And then we 295, or H.R. 743 during their pendency. I emphasize here that this is so that will see what the result is, and we will The PRESIDING OFFICER. Is there everybody will be on notice as to what go on from there. objection? the content is. It is our intention that Mr. KENNEDY addressed the Chair. But we do have very serious work we would go forward and that it would The PRESIDING OFFICER. The Sen- that we need to do for our country, and not be void at that point. But we felt ator from Massachusetts. we are still working on hopefully an that extra protection was called for. Mr. KENNEDY. Reserving the right agreement on health care reform. We I further ask that following the dis- to object, I shall not object. I wonder if are hoping that we can—well, we in- position of the above listed amend- I might be afforded a few moments to tend to complete the defense authoriza- ments the bill be advanced to third comment after we get the agreement. tion bill this week. We have a number reading and final passage occur, all Mr. LOTT. I believe the Senator of other bills that we need to consider without further action or debate. wanted 10 minutes. I ask unanimous for the good of the country—nomina- I further ask unanimous consent that consent that Senator KENNEDY be able tions that are pending. And I think this the Senate may turn to the consider- to proceed for not more than 10 min- helps get us moving again. ation of H.R. 3415 regarding the gas tax utes after this agreement has been en- Again, I want to thank all Senators repeal, at a time to be determined by tered into. on this side of the aisle for their co- the two leaders and if the bill has not The PRESIDING OFFICER. Without operation, and also Senator DASCHLE been reported by the Finance Commit- objection, it is so ordered. for his cooperation. A lot of work has tee it be automatically discharged and Mr. PRYOR. Mr. President, reserving gone into this. I do not think it serves the Senate proceed to its immediate the right to object, I do not care to ob- any purpose to say that this was given consideration and it be considered ject at this moment. On last Thursday or that was taken. I think it is a fair under the following time agreement: I attempted to lay down, but I did not enough deal for all concerned. I am That there be 1 hour of debate on the actually send to the desk, an amend- glad we were able to achieve this agree- bill to be equally divided in the usual ment to the defense authorization bill ment. form, that the bill be open to four first- relative to closing of a loophole that I yield the floor, Mr. President. degree amendments to be offered by we created in the GATT treaty that re- Mr. DASCHLE addressed the Chair. Senator LOTT, or his designee, relevant lates to two or three drug companies The PRESIDING OFFICER. The to the gas tax bill, and subject to rel- that are making enormous windfall Democratic leader. evant second-degree amendments and profits as a result of our mistake. Mr. DASCHLE. Mr. President, let me four first-degree amendments to be of- Mr. President, I got in a little bit associate myself with the remarks of fered by Senator DASCHLE, or his des- late on the distinguished majority the distinguished majority leader. A S6828 CONGRESSIONAL RECORD — SENATE June 25, 1996 lot of work has gone into the negotia- agreement which will permit the Sen- until the early part of next year, Janu- tions on this compromise proposal now ate to vote on the issue about whether ary of next year—another delay. for the last several weeks. I appreciate families that work hard 40 hours a Second, it is going to have a provi- his willingness to work with us to week, 52 weeks a year, ought to have a sion to provide 180-some days, so that achieve this agreement today. We will livable wage. I think it is important to any entrant into a new job for 180 days have an up-or-down vote as we have re- note that with this agreement the time can still be paid at the old wage of $4.25 quested on minimum wage on July 9. I of obstruction, delay, and stonewalling an hour. We have seen other gimmicks appreciate very much his willingness has been put aside. in the past on the minimum wage. We to work with us to achieve that. It did not have to be this way. In- had a 90-day delay called the Youth This effort would not have been suc- creases in the minimum wage have Training Program, even though there cessful were it not for the distin- been bipartisan in times past, and they never was a training program included, guished ranking member of the Labor should be bipartisan today if we are and then another 90 days included if Committee. He has been stalwart in going to reward work and respect work that youth were under 18 years of age. the effort to find a way to ensure that and make sure that families that are Now we have a delay of 180 days for we have this opportunity. I applaud working will have enough of an income the entrant at the minimum wage, and thank Senator KENNEDY for his to provide for themselves, for their whether that be a teenager—the 30 per- contribution to these negotiations and children, to put food on the table, and cent of those who are making the mini- his arduous work in making sure that pay a mortgage. mum wage who are teenagers—or we have been successful this afternoon. That has been a proud tradition for whether that be a single mother who As the distinguished majority leader the last 58 years. Fifty-eight years ago has to provide for her family. If we pass said, this allows us to move the process today President Roosevelt signed the this bill and get it enacted into law, it forward. We will have a series of votes first minimum wage bill. It was 25 is going to be delayed until the early and an opportunity to vote on relevant cents an hour. He predicted at that part of next year under the Republican amendments. That was key during time there were going to be voices amendment, and then it will be delayed these negotiations—relevant amend- raised saying this was to be the end of another 180 days under the Republican ments during the consideration of democracy in America. So often with amendment. And then the final provi- these bills. Once that has been the increases that I have seen in the sion of the Republican amendment is achieved we will go to conference. minimum wage since the early 1960’s, to have a carveout for businesses of up I am very hopeful, very desirous, and there have been similar calls, that any to $500,000. That will carve out approxi- fully confident that we can resolve increase was going to destroy the free mately 10 million Americans that will these matters with the House in con- enterprise system. no longer be included in coverage for ference sometime during the month of Of course, that is not what this is the minimum wage. July—sooner rather than later. It is about. It is about fairness. It is about So on the one hand, as we are going my expectation they will be resolved decency. It is about respect for work. It to have an agreement to at least vote successfully in a form that will allow is about making sure American fami- on this issue and to address this issue us to bring back a conference report lies are going to be treated fairly. of fundamental fairness, we also have that is acceptable to the Democrats So I am grateful that we will have to be aware that there will be a pro- and that the President can sign. I will that issue before the Senate. Today is posal on the floor of the Senate that work with the majority leader to en- really a victory for working families, will carve out 10 million of the 13 mil- sure that that happens. My colleagues those working families that came here lion Americans who would be affected have my commitment that I will make and appeared before various forums in by this minimum wage, will carve out every effort to see that that happens in the House of Representatives and the those new entrants into the job market the next several weeks. Senate of the United States. We were at the lower level of the ladder for 180 As the distinguished majority leader not permitted to have hearings to hear days from getting any benefit of the in- also mentioned, the health bill is not from these families, denied those hear- crease in the minimum wage, should part of this package. It was our hope ings in the past year and a half. None- we support it, and then delay that pro- that we could resolve the differences theless, we were able to have forums. gram until the first of next year. That with regard to health as well. But we Families told us about their hopes and is a totally unacceptable proposal, and will work on that next. dreams, told us how they work not one I hope it will be resisted here. It is not our desire to offer the health job but two jobs. Families pointed out But I am grateful to our leaders for bill as an amendment today to the de- they did not mind working one job, two working out this proposal. I am par- fense bill. I hope that at some point in jobs, three jobs but what they resented ticularly thankful to those on our com- the next 24 hours, the majority leader most was not having sufficient income mittee and here on this side of the aisle and Senator KENNEDY and I can sit so they could set aside a few hours to who have been constant. Every Member down to work on that, as we worked on spend with their children and members on our side of the aisle has voted in minimum wage, to see if we can find a of their family. support of the increase in the mini- way to resolve the impasse and leave That is what this is about. Women in mum wage, and I commend the number with the week intact and with the con- the work force, 65 percent of those who of Republicans who have also joined fidence of knowing we can resolve receive the minimum wage are women with us and have reflected their sup- health, as now we have been able to re- in the work force. It is about children port for the minimum wage in the past. solve the matter of the minimum wage, of working families in the work force. We thank them for their constancy and in an acceptable manner procedurally So, Mr. President, we will look for- indication they were going to take at least. ward to debating this issue when we every step that was going to be nec- So, again, I thank very much all of come back after the Fourth of July essary to get a vote on this issue. those who were involved in this nego- break. I hope that over the period of the tiation. I am hopeful that we can now Finally, as we are looking at this mo- next few weeks, the American people look with some promise, some con- ment, we also have to consider what will look at what the alternative will fidence to this issue being resolved in a our friends on the other side are offer- be in this Chamber that effectively, on successful way in the very near future. ing as an amendment to the minimum the one hand, will give an increase in I yield the floor. wage and their view about what the the minimum wage and, on the other Mr. KENNEDY addressed the Chair. minimum wage should be. If perchance hand, withdraw it. That is an unaccept- The PRESIDING OFFICER. The Sen- their amendment is accepted, then able way of proceeding. I hope that ator from Massachusetts. even the position of the House of Rep- amendment will be defeated. It is im- f resentatives, which said that the mini- portant that the American people in mum wage would have gone into effect these remaining days, when they see THE MINIMUM WAGE BILL at the time of July 1, just a couple of their Members of the Senate at the Mr. KENNEDY. Mr. President, I join weeks after the time of the passage, Fourth of July parades and at the pic- our two leaders in welcoming this their proposal is going to delay that nics over this period of time, say, when June 25, 1996 CONGRESSIONAL RECORD — SENATE S6829 you go on back to the Senate of the the Secretary of Defense, national de- the past. The effects of misinvesting in United States on the 8th and 9th, OK, fense panel review of our national secu- a strategy that has lost its relevance take care of those small business men rity structure to answer basic ques- are immense. and women, up to $13 billion in terms tions: What are the threats to our na- Congress has done its best to rec- of additional kinds of help and support; tional security in the coming decades, oncile the sizable disconnect between OK, take care of those small busi- and how can we best meet them? It is the BUR’s requirements to fight and nesses—and many of those provisions I an attempt to get out of the box, get win two nearly simultaneous MRC’s will support—but do not go in and out of the day-to-day here and look for- and the funding needed to execute such carve out the millions and millions of ward, over the horizon, so that we are a strategy. But, while Congress has Americans who otherwise would have ready to face and meet whatever supported the military in sustaining participated in an increase in the mini- threats to our security exist, and to do readiness, in modernizing for the fu- mum wage. so in the most cost-effective way. ture, and in holding the line against I am grateful for this agreement, and Mr. President, I appreciate the broad additional force structure cuts in order I thank the Senator from South Da- bipartisan support for the amendment, to meet the BUR requirements, the ad- kota, the Democratic leader, who has including the statement from the ministration has accused Congress of been the leader on this issue as in so chairman of the committee, Senator pork barrel politics. When Congress has tried to rectify serious funding short- many other issues and with his leader- THURMOND. I believe my cosponsor, the falls in programs at the urgings of sen- ship has really brought us to this place Senator from Indiana, who spoke only ior military leaders, the administra- where at last we will have an oppor- briefly before, does have further com- tion has accused Congress of contribut- tunity to vote on this matter. ments. ing to inefficient defense spending. The Mr. President, I yield back the re- I do want to indicate to my col- political gamesmanship over issues leagues here that Senator COATS and I mainder of my time. crucial to America’s national security f do intend to ask for a rollcall vote on this. We do not expect the debate will has created such hyperbole that the merits in investing defense dollars NATIONAL DEFENSE AUTHORIZA- be long, but we do hope to do so some- today for an uncertain future tomor- TION ACT FOR FISCAL YEAR 1997 time soon this afternoon. I look forward to the debate and I row confuse most Americans. I have se- The Senate continued with the con- rious concerns over the impact this po- sideration of the bill. yield the floor. The PRESIDING OFFICER. The Sen- litical spin may ultimately have a pub- Mr. THURMOND. Are we ready to lic support for our troops. vote? ator from Indiana. Mr. COATS. Mr. President, America’s In an era of competing budget prior- Mr. LIEBERMAN addressed the ities, an expanding continuum of mili- preeminence in the world is accom- Chair. tary operations, the uncertainty of fu- panied by the opportunity and burden The PRESIDING OFFICER. The Sen- ture threats and emerging new tech- of leadership to shape the international ator from Connecticut. nologies, we can ill afford a business as community. I have been somewhat per- Mr. LIEBERMAN. Mr. President, I usual approach on investing in our fu- plexed that our concerns with national would like, in responding to the chair- ture defense. Senator LIEBERMAN, my- man, to now—— defense are often no broader than the self, and a host of cosponsors have Mr. THURMOND. Has the Senator level of defense spending, which we worked in a bipartisan effort to ensure proposed the amendment yet? generally debate only during the an- that the Defense Department and Con- Mr. LIEBERMAN. We have not, and nual authorization and appropriation gress will make only the most prudent if it is OK with the chairman, I would cycles. It is incumbent that we con- investments in defense. Through this like to go ahead and introduce the sider the scope of the demands and ex- amendment—a review of the Armed amendment now. pectations placed on our military in Forces force structure—we intend to do support of America’s role in shaping AMENDMENT NO. 4156 more than affect the next military the work today, and through the next (Purpose: To provide for a quadrennial de- strategy and its resultant force struc- fense review and an independent assess- century. Included are the fundamental ture. In establishing an independent, ment of alternative force structures for the issues of our national security inter- nonpartisan National Defense Panel, Armed Forces) ests, the nature of future conflicts, and prominent defense experts will assess Mr. LIEBERMAN. Mr. President, I the most appropriate military strategy alternative force structure strategies call up amendment No. 4156 to the De- for which the Department of Defense in light of future threats, emerging partment of Defense authorization bill should develop its military capabili- technologies, required capabilities, and and ask for its immediate consider- ties. These considerations must be a broad continuum of military oper- ation. made deliberately, not by default. Fail- ations that may be likely in the future. The PRESIDING OFFICER. Without ing to do so will lead the United States The National Defense Panel’s assess- objection, the pending amendment will to react, rather than control, events in ment will be far more comprehensive be set aside. The clerk will report the the next century. than previous force structure assess- amendment. The actions we take on the defense ments, and will explore innovative, for- The legislative clerk read as follows: authorization bill will fundamentally ward-thinking ways of meeting future influence our national security strat- The Senator from Connecticut [Mr. national security challenges. The com- LIEBERMAN], for himself, Mr. THURMOND, egy and force structure well into the plete assessment will provide alter- Mr. COATS, Mr. ROBB, Mr. MCCAIN, Mr. NUNN, next century. Properly done, these de- natives to a singular military strategy Mr. INHOFE, Mr. KEMPTHORNE, Mr. WARNER, cisions will be a powerful investment and its resultant force structure that Mrs. HUTCHISON, Mr. SANTORUM, Mr. MUR- in the future. Unfortunately, there is will, in turn, enable Congress, the De- KOWSKI, Mr. LEVIN, Mr. FORD, and Mr. BOND, widespread consensus—both in and out fense Department, and the American proposes an amendment numbered 4156. of the Pentagon—that the administra- public to better consider the level of Mr. LIEBERMAN. Mr. President, I tion’s 1993 Bottom Up Review strategy defense spending our Nation requires in ask unanimous consent that reading of is not the strategy America needs to support of its national interests. the amendment be dispensed with. guide its military into the 21st cen- The National Defense Panel will also The PRESIDING OFFICER. Without tury. The strategy has been chron- assist the Defense Department as it un- objection, it is so ordered. ically underfunded, with shortfall esti- dertakes its quadrennial strategy re- The text of the amendment is printed mates ranging anywhere from $50 to view over the next year. The Depart- in today’s RECORD under ‘‘Amendments $150 billion. There is great skepticism ment’s Quadrennial review, while more Submitted.’’ with the two major regional conflict narrow in focus, will examine force Mr. LIEBERMAN. I thank the Chair. [MRC] yardstick that undergirds the structure, modernization plans, infra- Mr. President, as previously dis- Pentagon force planning. And, perhaps structure, defense policies and other cussed, this is the amendment which most disquieting, is the BUR’s implicit elements of the defense program to de- would provide for both an in-the-Penta- assumption that the nature of future velop a new defense strategy replacing gon-and-outside-the-Pentagon, under conflicts will closely resemble those of the Bottom Up Review. S6830 CONGRESSIONAL RECORD — SENATE June 25, 1996 A salient feature of this amendment Mr. President, let me state this is the sibilities of each administration, each is that it will challenge current think- culmination of some effort on the part new administration. But we need to ing about defense. Senator LIEBERMAN of the Senator from Connecticut, who look beyond that. To do so, we are ask- and I, along with the cosponsors of this has taken the lead in this effort, my- ing the Pentagon to address a number amendment, share the concern that the self, and a number of other members of of issues of concern to us, and establish tendency to focus on immediate issues the Armed Services Committee who an independent review panel to give us has distracted from the task of struc- are concerned that we are not ade- certain assessments. The results of turing the military to meet new oper- quately addressing some of the major these assessments will provide us with ating environments, accommodate rev- questions that need to be addressed in a better, broader body of knowledge olutionary changes in military tech- preparing a strategy and setting a pro- with which to evaluate the potential nology and prepare for the possibility gram in place relative to our national threats, with which to evaluate the po- of entirely new kinds of threats and security needs for the next century. tential strategies—and I use the plural, competitors. As Paul Bracken wrote in The next century sounds like a long not the singular use of the word— his 1993 article entitled ‘‘The Military way away, but it is only 31⁄2 years. In which we might employ to deter or After Next,’’ fact, it is actually the next millen- counter those threats and on which we The military posture for the next 20 years nium. It is almost difficult to com- can make procurement decisions, re- is conceptualized implicitly in terms of the prehend. search decisions, and allocate the in- problems of today, rather than in terms of As history has shown, civilizations creasingly scarce dollars available for deeper forces that reflect both the changing have been weakened and even col- our national defense. This was less of a character of war and the military trans- lapsed, and mighty armies and navies problem in the 1980’s because we had formation taking place in the world. Imme- have been defeated because they were ample funds available from which to diate U.S. problems are characterized by rooted in the wars of the past. They deep military budget cuts, regional contin- take advantage of many different al- gencies, ‘‘messy operations’’ [such as Bosnia, were rooted in the procurement of ternatives and select the one which Haiti and Somalia] and a substantial mili- weapons to fight those wars based on best fit. We do not have that luxury tary capacity inherited as a legacy from the what worked before, not what they now. We do not have anywhere near Cold War. All of these are worthy of atten- might need in the future. that luxury. Defense is now in its 12th tion. But, if anything is certain, it is that in None of us has a crystal ball that can straight year of decline in terms of 20 years the current budget crisis, the re- tell exactly what will constitute an budget allocations. The military has gional strategy . . . will be forgotten as new adequate national security apparatus been scaled back nearly 40 percent in problems of national security and inter- and national defense in the future. Yet national order appear. just about every category. We have to we need to examine the questions make decisions on the basis of a far Although our Nation still faces a about the kinds of threats and the na- smaller margin of error. range of current threats, we must not ture of those threats that we will be In that regard, having a broader as- let current threats lead us into assum- faced with in the future. sessment of our potential threats, our ing that incremental improvements to We are in the midst of a technology potential responses to those threats, is our military will be sufficient to deal explosion that obviously is impacting going to allow us to make better deci- with the range of scenarios we may on warfare. We had a glimpse of that sions to spend those dollars more wise- face in the 21st century. Our country explosion and what it means during our ly. That is really what this amendment has a strong tendency to defer revolu- viewing of the Persian Gulf war on is all about. tionary changes in favor of these incre- ‘‘CNN Live.’’ There were remarkable I was pleased to have the opportunity mental improvements. The BUR strat- pictures of a war in progress and a to work with the Senator from Con- egy of fighting 2 MRC’s is a prime ex- demonstration of what technology can necticut and with others of my col- ample, taking the Desert Storm model do in terms of changing the terms of leagues on the Senate Armed Services and geographically tailoring it to fu- warfare. I am sure the nation of Iraq Committee. I am pleased this amend- ture scenarios. But it is not an ade- thought it was amply prepared to suc- ment has a growing list of bipartisan— quate guide for future innovation. We cessfully defend its aggressive takeover nonpartisan—support. I think a year can no longer afford to conveniently fit of Kuwait, only to find itself hope- from now we are going to be in the current situations to existing planning lessly, not outmanned, but outsmarted, midst of a process which is going to and resource allocation processes. from a technological standpoint. No give us some very relevant information Doing so will yield a defense program nation is going to make that mistake from which we can base decisions that geared to the most familiar threats, as again. No aggressor is going to make are extremely critical to our future. So opposed to those most likely to occur. that mistake again. Future aggressors I am pleased to be a coauthor and a co- In closing, I would submit that the will contemplate about what it is going sponsor of this amendment. familiar path of the past—as conven- to take in the future to encounter the With that, I observe we might be pre- ient as it may be—will not necessarily United States. The conflicts we face in pared, unless the managers are aware lead us to the future we wish to shape. the future will be much different from other Senators are coming to the floor The review of the Armed Forces force those we have encountered in the past. to speak, to move to a vote. structures amendment before us now We need to take advantage of the re- I believe it is appropriate to ask will provide Congress and the Defense markable research, development, time unanimous consent the pending amend- Department with comprehensive analy- and ability to bring new technologies ments be set aside. I am not exactly sis addressing a range of force struc- to bear in terms of our armed services sure what the parliamentary request tures and capabilities appropriate for and our national defense. Unfortu- needs to be in order to bring this future threats. It is our hope that, ulti- nately, it seems the Congress is locked amendment up. mately, this amendment will serve to into a ‘‘what do we need right now’’ Mr. LIEBERMAN addressed the further public and congressional debate mentality. We do our thinking and Chair. over the priority our Nation should spending and planning in 1-year incre- Mr. COATS. Mr. President, I yield place on its defense. Our Nation must ments, 2 years at best. As a result, it the floor. have confidence in its military strat- seems we are measuring on the basis of The PRESIDING OFFICER. The Sen- egy, must provide for the capabilities what we did last year, and trying to ator from Connecticut. our Armed Forces require to perform make a decision on what incremental Mr. LIEBERMAN. Mr. President, it the missions expected of them, and changes we can adjust to for the future was my understanding the pending must understand and accept the risks years. Basically what we do is make in- amendments had been set aside and of doing otherwise. I urge the support cremental changes. this amendment was now the pending of this amendment—it is a major step The Pentagon is well aware of this business. Is that correct? forward toward smarter defense plan- problem, and they are attempting to The PRESIDING OFFICER. The Sen- ning and investing, and enjoys wide bi- address this through a strategy called ator is correct. partisan support from Members the quadrennial review. That takes a 4- Mr. LIEBERMAN. Mr. President, throughout the Senate. year look and it coincides with the pos- after consultation with the chairman June 25, 1996 CONGRESSIONAL RECORD — SENATE S6831 of the committee, I ask unanimous other agencies. The Panel would focus Conventional threats across a spec- consent that, when the vote occurs on on developing a longer term assess- trum of conflicts, which would include this amendment, it occur by rollcall ment than the QDR, through the year the rise of radical Islamic fundamen- and the rollcall be held at 5 this after- 2010 and beyond, where possible. The talism and other political extremist noon, with no second-degree amend- Panel’s assessment of the QDR and al- movements, ments in order. ternative proposals would also be pro- The vulnerability of our information Mr. THURMOND. Mr. President, we vided to Congress. systems and other advanced tech- have no objection. Mr. President, the amendment enjoys nologies to nontraditional threats, The PRESIDING OFFICER. Is there broad bipartisan support among Sen- Domestic and international terror- objection to the vote occurring at 5 ators with experience in defense issues. ism, and o’clock and that no second-degree The principal cosponsors are Senators The potential emergence of a major amendments be in order? LIEBERMAN, COATS, and ROBB, joined by challenger in the future. Without objection, it is so ordered. others of our colleagues. The amendment would specifically Is the Senator seeking the yeas and Mr. President, we crafted this amend- direct the independent National De- nays? ment in recognition of the pressing fense Panel to analyze each of these Mr. LIEBERMAN. I was about to do need for a full reassessment of our threats and provide an assessment of that. I was going to ask when a vote be military force structure in light of the the challenges posed to our future se- taken it be taken by the yeas and nays. changing realities of the post-cold war curity. The Panel would also provide Mr. President, I ask for the yeas and world. In the past 5 years, since the its comments with respect to the nays. collapse of the Soviet Union, our threat assessment underlying the The PRESIDING OFFICER. Is there a Armed Forces have shrunk from a force quadrennnial defense review, thus en- sufficient second? of 2.1 million active duty personnel to suring that all foreseeable future There is a sufficient second. approximately 1.4 million people today. threats are examined and considered in The yeas and nays were ordered. While these reductions were being im- the review. Mr. MCCAIN. Mr. President, I rise as plemented, the Pentagon has con- Second, the amendment would ensure an original cosponsor of an amendment ducted two evaluations of the organiza- that both the quadrennial defense re- to require a much-needed new assess- tion, composition, and equipment re- view and the Panel’s independent as- ment of future U.S. military force quirements of our smaller force in light sessment consider some very important structure requirements. In March of of the changing realities of the post- issues which were not fully addressed this year, I released a paper which cold war world. The results are con- in connection with the Bottom Up Re- called for a new study of our national tained in the Bush administration’s view. Let me take a moment to men- security strategy and the military ‘‘Base Force’’ and Clinton administra- tion several of the explicit instructions force structure that supports our strat- tion’s ‘‘Bottom Up Review’’ assess- contained in this amendment: egy. If adopted, this amendment will ments. The amendment requires a full analy- ensure that the Department of Defense Both assessments were laudable early sis of the potential impact of allied co- and the Congress work together to cre- efforts to adjust the post-cold war operation and mission sharing on U.S. ate a flexible U.S. military force struc- world, and both served an important force size and structure. ture capable of adapting effectively to purpose in focusing attention on the It requires a clear explanation of as- meet the ever-changing challenges of need to reevaluate the military posture sumptions about levels of acceptable the 21st century. of the United States. But neither were risk in conflict scenarios and force lev- Very briefly, let me summarize the truly innovative approaches to a com- els. amendment. First, it would require the prehensive, critical review, and reshap- It also requires a clear statement of Secretary of Defense to provide a re- ing of our strategy and military forces. the assumptions about warning time port to Congress on the quadrennial de- In fact, the Bottom Up Review was a for future conflicts and planning for si- fense review, which is expected to be top down directive, shaped largely by multaneous or nearly simultaneous completed in the spring of 1997. The budget targets established before the conflict scenarios. QDR is the Secretary’s effort to reas- exercise began and by strategy and It requires a full assessment of the sess our current strategy and force force goals that then-Congressman impact of preparing for and participat- structure and is intended to form the Aspin had developed a year earlier. ing in peace operations and military basis of our military planning through The pending amendment seeks to ad- operations other than war on force the year 2005. The amendment would dress many of the concerns expressed structure requirements in likely con- require the Secretary to consider cer- by Congress and national security ex- flict scenarios. tain specific issues in his review. perts alike about the last attempt to It requires a detailed description of The amendment would also provide conduct a strategic review. The amend- anticipated future technology advance- for two separate, independent assess- ment is also driven by the recognition, ments and their impact on force size ments of the quadrennial defense re- just 3 years after completion of the and organization. view, to ensure that the Congress has a Bottom Up Review, that the swift pace It requires an analysis of manpower full understanding of the assumptions of global change has created the need and sustainment policies, Reserve ver- and conclusions of the QDR. for a new and fundamental reassess- sus active component mix, tooth-to- One assessment would be done by the ment of the force structure of the tail ratio, and airlift and sealift re- Chairman of the Joint Chiefs of Staff Armed Forces required to meet threats quirements for the future. and provided to Congress with the to the United States in the 21st cen- These specific guidelines will result QDR. This provision is included in the tury. in a more thorough and detailed review amendment because it is essential that First, the amendment would require of the military capabilities required to we have the views of our professional a comprehensive assessment of poten- meet future threats. military leaders as we determine the tial threats to our future security, Finally, this amendment recognizes future of our military strategy and which is an essential element of deter- the inadvisability of predetermining force structure for the next century. mining our future military force re- future Defense budgets before conduct- Another assessment of the QDR quirements. The amendment specifi- ing an analysis of our security require- would be undertaken by an independ- cally identifies several categories of ments—a significant flaw of the Bot- ent, nonpartisan National Defense potential threats to our future secu- tom Up Review. The amendment would Panel, which the amendment would es- rity, both near- and long-term, which require that a topline funding projec- tablish. The Panel would also be must be addressed in any strategic re- tion be developed for each scenario- charged with developing a variety of view. These threats include: driven force structure plan developed alternative proposals for force struc- The continuing proliferation of weap- by the Panel. It would also require the tures and budgets, using analyses and ons of mass destruction and means to Panel to independently assess the va- information acquired from the Depart- deliver them, as well as the transfer of lidity of the budgetary requirements ment of Defense, the Joint Staff, and technology relating to such weapons, reported by the Secretary of Defense S6832 CONGRESSIONAL RECORD — SENATE June 25, 1996 for his quadrennial defense review. In will be able to adapt quickly to the mend you and Senator Glenn on your active this way, the Department of Defense changing requirements of our future roles in examining the readiness require- and the Congress will be able to con- security. It is now time to undertake a ments of the National Guard and Reserve sider both security requirements and thorough and innovative effort to reas- forces. We strongly support your efforts to provide sufficient resources to ensure that affordability when reviewing alter- sess our military force structure and the nation has a capable and well trained native force structure options. the national security strategy that it military force. The Caucus remains con- Mr. President, this last point is very supports. This amendment would en- vinced that, under the pressures of a reduced important. We cannot ignore fiscal re- sure that all aspects of national secu- defense budget, the requirements to develop ality in military planning, but we must rity planning are thoroughly assessed and produce modern replacement weapon never acquiesce to demands for reduced in formulating recommendations for systems coupled with a continued draw-down defense spending regardless of the our future military force structure. I of our active forces, will result in an ever-in- threats to our national security. urge my colleagues to support the creasing requirement for our nation to once Because of the cuts in defense spend- amendment. again rely on part-time citizen soldier com- bat forces—the National Guard. ing over the last 12 years—a nearly 40- Mr. FORD. Mr. President, I am happy Over the past several years, the Caucus has percent reduction in real, inflation-ad- to join my cochairman of the Senate attempted to identify those areas that are justed terms, we now face a significant National Guard Caucus in cosponsoring impediments to producing a combat ready gap between our overall force plans and the amendment by Senators National Guard which would be available in the resources available to implement LIEBERMAN, COATS, ROBB, and MCCAIN a timely manner to respond to major contin- them. Independent assessments of the to review the Armed Forces force gencies around the world. We are convinced cost of the Bottom-Up Review force structure. that the recently-announced National guard show that it exceeds the funding levels Just a few years ago, Congress ap- proposal to convert and realign a large por- tion of the Guard combat divisions to meet dedicated by the Clinton administra- proved the establishment of the Roles and Missions Commission. However, other identified Army requirements, have tion in the Future Years Defense Pro- gone a long way toward reaching that gram by $150 to almost $500 billion. As many of us were very disappointed objective. a result, we have had to make a series with the Commission’s findings, be- We do however have concerns regarding of Hobson’s choices among defense pri- cause those findings were clearly writ- some of the material presented at your Sub- orities. We have had to choose among ten with a bias against the National committee hearing by witnesses from the cutting force strength, maintaining Guard. General Accounting Office. We believe this information to be out-of-date or otherwise readiness, or funding force moderniza- Mr. President, the authors of this amendment have worked with Senator inaccurate. tion. The result has been reductions in 1. The GAO contended that the National all three areas. BOND and myself to make sure that the Guard Enhanced brigades can’t meet the 90- The Republican-led Congress has National Defense panel established by day readiness goal set for them in the cur- added more than $18 billion to the de- this legislation considers the Guard rent military strategy. fense budget in the past 2 years, but and Reserve without prejudice. To ac- During Operation Desert Storm in 1990-91, even this amount has not slowed the complish this, the amendment directs the 48th Infantry Brigade was certified as too-rapid decline in defense spending. the ‘‘review is to involve a comprehen- combat ready in 91 days of which only 55 days were actually needed for training. this The fact remains that our rising Fed- sive examination of defense strategy to include Active, Guard, and Reserve number is very close to their pre-mobiliza- eral debt and ongoing efforts to achieve tion estimate of up to 42 days. a balanced Federal budget will con- components.’’ 2. The GAO testified that the brigades are tinue to put enormous pressures on Just a few months ago, the chairman having difficulty meeting the training goals Federal spending. of the Readiness Subcommittee, Sen- set for their platoons. Mr. President, this amendment will ator MCCAIN, along with the ranking Since the GAO did not indicate which bri- help us determine the appropriate level member Senator GLENN, held a hearing gades are supposedly having trouble, we can only say that the most up-to date informa- of funding to ensure our Nation’s secu- on the readiness requirements of the National Guard and Reserve forces. At tion the Senate National Guard Caucus has rity in the next century. This amend- indicates that the platoon goals of the En- ment would ensure both the Depart- that time, the General Accounting Of- hanced Brigades are being met ahead of time ment of Defense and the independent fice presented information that Sen- and some of the Enhanced Brigades are al- National Defense Panel conduct a thor- ator BOND and I found to be either out ready operating at the battalion level. ough assessment of the threats we are of date or simply inaccurate. I ask 3. The Roundout Brigades weren’t ready in likely to face, take a realistic look at unanimous consent that the letter Sen- time ‘‘when they were needed’’ in Desert ator BOND and I sent to Senator Storm. potential future conflict scenarios, and The 48th Brigade from Georgia and the MCCAIN be printed in the RECORD at the provide alternatives for an effective 155th of Mississippi had been replaced within military posture together with credible end of my statement. their parent Division by active army units budget estimates. With the informa- The PRESIDING OFFICER. Without months before they were mobilized. The tion this amendment would make objection, it is so ordered. (See exhibit other brigade, the 256th from Louisiana available, the Congress and the admin- 1.) rounded out an active duty army division istration could work together to ensure Mr. FORD. Mr. President, the Na- that did not deploy. The major reason given that our future national security re- tional Guard Caucus is very concerned by the Defense Department for not calling these units up earlier was the law at the quirements will be met while, at the by the determination of individuals within the Defense establishment to time (10 USC 673) permitted only a 90 day same time, recognizing appropriate fis- call up with a 90 day extension and DOD felt cal constraints. keep putting out negative information on the National Guard. The inaccurate at the time that the deployment would be for Mr. President, let me take just a mo- a longer period. As you are aware, Congress ment to thank Senator LIEBERMAN for and out-of-date information from GAO authorized a longer call up and these Bri- taking the lead in putting this amend- is just another example in a long string gades began mobilization on November 30, ment together. I particularly want to of misinformation. 1990. The brigades did not have to undergo It is my hope this report will be dif- thank John Lilley, who has left Sen- six months of postmobilization training. The ferent—that it will be accurate. Be- 48th had been validated as combat ready in ator LIEBERMAN’S staff for a more lu- cause the sponsors of this amendment 91 days (55 days of actual training). If the crative position in the private sector. have assured me that it will, I join 48th had been mobilized when the Presi- He worked very closely with my staff dential Selected Reserve Call-up was author- with my cochairman, Senator BOND, in and with the staffs of the other prin- ized (August 22, 1990) and validated 91 days cosponsoring this amendment. cipal cosponsors of the amendment, later (November 21, 1990), it could have de- and he is to be commended for his dili- EXHIBIT 1 ployed before the VII Corps began moving gence and fairness in addressing all of U.S. SENATE, from the U.S. and Germany to Saudi Arabia. our concerns. Washington, DC, April 29, 1996. 4. Turbulence and turnover rates preclude OHN C AIN reaching readiness goals and higher unit Mr. President, in closing, the fast Hon. J M C , Chairman, Readiness Subcommittee, U.S. training. pace of change in our world requires Senate, Washington, DC. This is the oddest GAO statement yet that we create and maintain a flexible DEAR MR. CHAIRMAN: As Co-Chairmen of made and they obviously did not bother talk- military force for the future, which the Senate National Guard Caucus, we com- ing to anyone at the National Guard Bureau. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6833 If the GAO had bothered to check their facts, Reserves will be required in order to keep ments put in place near the beginning they would have learned that the turbulence these forces adequately resources. We raised of the century remain in place today. and turnover rates in the National Guard en- these issues in order to highlight our con- These are very considerable arrange- hanced readiness brigades are generally well cern over the funding, manning and utiliza- ments. Some 2,300,000 American civil below those of comparable active Army tion of our National Guard and Reserve servants have clearances for various units! It is incredible that the GAO does not forces nationwide. know that turbulence in the military is not We look forward to working with you and levels of access to classified material. caused by promoting a loader in a tank crew your staff during the year to ensure the Na- Some 850,000 persons in civilian em- to the position of driver in the same crew! tional Guard remains a viable partner in the ployment in defense industries in the Maybe the Director of the General Account- Total Force defense posture of the nation main are similarly cleared for classi- ing Office ought to send his employees to and remains more than capable of perform- fied material. The cost is very consid- Fort Knox to learn about how a tank crew ing its state and Federal missions. erable, the issue is consequential. operates before they are assigned to develop Sincerely, We did deal at great length with the a report such as that provided to your Com- CHRISTOPHER S. BOND. problem of espionage in this country mittee. Military units —Active or Reserve— WENDELL H. FORD. need a certain amount of turnover; they can- The PRESIDING OFFICER. The Sen- during the First World War. The not keep the same soldiers in the same job ator from Indiana. Central Powers and the Allied Powers forever. American soldiers, whether in the Mr. COATS. Mr. President, I ask were very much contending for Amer- National Guard or active Army units, seek unanimous consent the pending busi- ican support. It is a known fact that additional responsibility and status that ness be temporarily set aside and I be the German Ambassador to this coun- come with promotion. Units that don’t have allowed to speak in morning business try brought with him on one of his a healthy level of turnover stagnate and trips $150 million in Treasury bonds, have over-age-in-grade problems. for no longer than 5 minutes. 5. Combat arms jobs, particularly armor The PRESIDING OFFICER. Without the equivalent of $1 billion today, to and infantry, are too hard to do for reserv- objection, it is so ordered. use for just that purpose. And it had its ists with only 38 days training each year so The Senator from Indiana is recog- consequences. our reserve components should be limited to nized. During the 1930’s, again, there were only those tasks that are similar to what the Mr. COATS. I thank the Chair. efforts of this kind from Hitler’s Ger- soldiers do in their civilian occupation. (The remarks of Mr. COATS pertain- many. Simultaneously, from the begin- The average Guardsman trains 45.1 paid ing to the introduction of S. 1904 are ning of the establishment of the Com- days each year. Officers and NCOs are more munist Party in the United States, the likely to train more than 45.1 paid days. At located in today’s RECORD under the lower enlisted levels, combat arms jobs ‘‘Statements on Introduced Bills and Soviet Union had been involved in espi- are no harder to train for than most support Joint Resolutions.’’) onage activities, having as their most jobs such as positions in Engineer and Field Mr. COATS. Mr. President, I yield dramatic event the infiltration of the Artillery units. Yet National Guard Field the floor. Manhattan Project. They successfully Artillery brigades were deployed to Desert Mr. MOYNIHAN addressed the Chair. transferred to the Soviet Union the es- Storm with minimal post-mobilization train- The PRESIDING OFFICER. The Sen- sential plans for the first atomic bomb. ing and performed well. The Marine Corps re- ator from New York. The Soviet Union had an atomic bomb serve deployed tank battalions to Desert Mr. MOYNIHAN. Mr. President, I rise about four years from the time that Storm and performed well. 6. The Reserve Component soldiers can do briefly to associate myself most em- the United States did. It was almost, well only those tasks that are similar to phatically with the remarks of the bolt for bolt, modeled on the original their civilian jobs so their roles should be Senator from Connecticut and the Sen- device tested at Alamogordo and the limited to support tanks. ator from Indiana in regard to the Na- bomb that was dropped on Nagasaki, Once again it is obvious that the GAO did tional Defense Panel to review of our Japan. not discuss this conclusion with the National defense needs. I ask unanimous consent The details of this espionage effort Guard Bureau. Had the GAO checked with that I be made a cosponsor of that are just emerging as the Venona tran- the Guard they would have learned that there is very little correlation between Re- amendment. scripts are being released by the Na- serve Component civilian skills and military The PRESIDING OFFICER. Without tional Security Agency. We feel in our duties; across the board, fewer than 20% of objection, it is so ordered. Commission that we have been some- the Guardsmen and women in a particular Mr. MOYNIHAN. Mr. President, I do thing of a catalyst with regard to the military field do a similar job in civilian life. so in the context of a commission cre- Venona release, and with it we are be- Hers are some of the figures supplied to us ated in the 103d Congress, the Commis- ginning to see just how much the Unit- by the National Guard Bureau: Aviators sion on Protecting and Reducing Gov- ed States was up against and how nec- 14.8%; Military Police 19.4%; Truck Delivers ernment Secrecy, which was estab- essary some of these measures were. 5.8%; Mechanics 16.9%; and Engineers 10.7%. 7. The GAO says it would take years to de- lished to review the whole pattern of We also begin to ask ourselves whether ploy all 15 Enhanced Brigades. the protection of the Nation’s intel- they are still necessary in the face of a Since the GAO does not identify their ligence and defense secrets as we very different international setting source for this information, we think the moved into a very different era from today. Committee should take the information that from which we are clearly emerg- The Commission has a distinguished from responsible professionals at the United ing. membership. I serve as Chairman; the States Army Forces Command which is the The present regime for protecting se- Honorable LARRY COMBEST, the chair- responsible agency for developing plans to ensure that all Reserve Components are vali- crecy in our country was basically put man of the House Permanent Select dated for deployment following mobilization. in place in a very few days, weeks at Committee on Intelligence is Vice Their current plan, using only four post mo- most, in the aftermath of the declara- Chairman; the Honorable John Deutch bilization training sites, would deploy the tion of war on Germany in 1917. The Es- was originally appointed when he was first four brigades in 90 days or less and all pionage Act of 1917 was introduced in Deputy Secretary of Defense, and con- 15 brigades in 180 days. Should additional the first week of April, 1917, as the tinues to serve on the Commission in sites be available and additional training re- United States entered the First World his role as Director of Central Intel- sources be made available, potentially all 15 War, and is still in place, though an ligence. brigades could be deployed in 90 days or less. We are finding, and I think the Sen- As to GAO’s claim that there has been no amendment passed the following year analysis to justify the National Guard’s 15 known as the Sedition Act—largely a ator from Connecticut will know this brigades and eight divisions, the only analy- revision of section 3 of the Espionage and will agree, that in the new world of sis that has been done to date (1993 Bottom- Act—was subsequently repealed. electronic communication, the secu- up Review) calls for the very force that ex- In that same first week of April 1917, rity of American encrypted messages is ists today. the Civil Service Commission pre- very much problematic, and the capac- As the Defense Department forces are sented to President Wilson a request ities of persons all over the world, for called upon to do more and more will less for an Executive order on the question whatever reason, to break into the and less, the National Guard and Reserve will be required to perform their Federal of the loyalty of Federal employees. Pentagon files and intercept messages missions with greater regularity. Military Again, demonstrating a pattern, al- is almost difficult to comprehend for analysts agree that, in the near future, a though one interrupted, that we see in someone over the age of 30. We learned spike in funding for the National Guard and our present situation—the arrange- just yesterday in the New York Times S6834 CONGRESSIONAL RECORD — SENATE June 25, 1996 that a 16-year-old British youth with a tion systems in a way that renders us In one sense, what we are asking for small computer in his bedroom in as weak, as if we had suffered a major here—and it is a big order—is to do North London was intercepting mes- conventional military defeat. what in the private sector we call re- sages from American agents in North I want to thank the Senator for his engineering the corporation, to go back Korea, and there are several criminal support and for his right-on-target and ask, if a piece of paper of the orga- prosecutions going on in the United comments and the thought-provoking nizational structure and system in Kingdom of that kind. How to deal words that he spoke. I thank the Sen- front of us was blank, what would we with this entirely new set of challenges ator. write on the paper to make sure we is the reason for establishing such bod- Mr. MOYNIHAN. I thank my friend. were fulfilling the goals that we have? ies as the Commission on Protecting Mr. NUNN. Mr. President, I want to I understand that is a big order in a and Reducing Government Secrecy— commend Senator LIEBERMAN and Sen- system as historically successful and and I think that the commission pro- ator COATS for their leadership on this complicated as ours. posed here to inquire into the nature of issue. The amendment they are offer- Essentially, what we are asking here our military defense needs in the fu- ing, of which I am an original cospon- in our national interest is that, to- ture, with a larger view than the quad- sor, and which I worked with them on, gether, we go back to first questions rennial review—is wholly in order. I am will build upon the recommendations and say, what are the threats we are honored to be a cosponsor of the of the 1995 report on the Commission going to face to our security in the amendment. I hope the work of the on Roles and Missions of the Armed next century? If we could begin it all over again, how would we most effec- Commission on Protecting and Reduc- Forces, that there be a quadrennial de- fense review. tively and efficiently meet those ing Secrecy might be of some utility to Secretary Perry has decided to con- threats, and then to try, in the reality this commission, as it begins its work. duct that review. This would ensure of the process, to get as close to that as I thank the sponsors, and I yield the that a number of important defense is- we possibly can. floor. Again, I thank all of those who have Mr. LIEBERMAN. Mr. President, I sues are addressed during the course of spoken. I think it has been a very thank my friend and colleague, the that review, and will establish a na- thoughtful and constructive debate. I Senator from New York, for joining me tional defense panel that will play a key role in the defense review that cannot thank enough the broad group as a cosponsor and for his characteris- would conduct its own forward-looking of bipartisan sponsors of this proposal, tic informed comments. He goes right review of force structures. including, particularly, the chairman to the heart of it. I am reminded, Admiral Owens, of the committee, Senator THURMOND, The fact is that it was the experience former Vice Chairman of Joints Chiefs and the ranking Democrat, who I have of the commission with regard to the of Staff, in his testimony on the eve of occasionally burdened by referring to Nation’s intelligence structure that his retirement, and in frank discus- him as my mentor, the Senator from worked in the 1970’s that is the inspira- sions with many of us, stated that he Georgia, Mr. NUNN. tion for that concept being included in believed that the acquisition of new I urge my colleagues to support the this amendment. The work he is doing platforms such as planes, ships, and amendment. I thank the Chair and now in this area with this commission, tanks, are far less important than the yield the floor. I hope, will be considered by the panel incorporation of new, forward-edge The PRESIDING OFFICER. The hour convened under the amendment. technologies and information systems of 5 o’clock having arrived, the ques- As the Senator indicates, changes and the platforms already in the mili- tion is on agreeing to the amendment that have occurred are extraordinary. tary’s inventory. He even stated that of the Senator from Connecticut. Former Deputy Chief of Staff, Admiral such technologies would permit cuts in The yeas and nays have been ordered. Owens, who was very comfortable with existing platforms, in terms of num- The clerk will call the roll. the new technologies and very far- bers. The bill clerk called the roll. sighted, said we are now at a point It is my belief and my hope that na- The result was announced—yeas, 100, where our commanders can, for the tional defense panel would be able to nays, 0, as follows: most part now or on the verge in the chart a road forward for us that takes [Rollcall Vote No. 169 Leg.] very near future, can see the whole a look at, certainly, Admiral Owens’ YEAS—100 battlefield for miles ahead, around review, looks at contrary views to Abraham Ford Mack them, and in front of then. That has that, and makes some recommenda- Akaka Frahm McCain never been the case for people who Ashcroft Frist McConnell tions that would be a benefit to both Baucus Glenn Mikulski have gone to war. This is because of the Congress and the administration. I Bennett Gorton Moseley-Braun these extraordinary not only satellites urge adoption of the amendment. Biden Graham Moynihan but helicopters, the unmanned aerial Bingaman Gramm Murkowski Mr. LIEBERMAN. Mr. President, I Bond Grams Murray vehicles. The fact is at a given moment note there is a minute or two remain- Boxer Grassley Nickles in real time today the commanders on ing. I add this word to everything that Bradley Gregg Nunn the field—in fact, the heads of our mili- has been said. In one sense, Senator Breaux Harkin Pell tary structure back at the Pentagon— Brown Hatch Pressler COATS said this is an attempt to liber- Bryan Hatfield Pryor can see exactly what is happening on ate the process from the inevitable in- Bumpers Heflin Reid the battlefield and be involved. stinct that institutions have to con- Burns Helms Robb As the Senator indicated, the depend- tinue down the road they have been Byrd Hollings Rockefeller Campbell Hutchison Roth ence we have on communication and down before and to make sure that the Chafee Inhofe Santorum information, the potential threats to roads that we are heading down are the Coats Inouye Sarbanes current methods of encryption of our right roads. I am talking not just Cochran Jeffords Shelby messages is exactly what I hope this Cohen Johnston Simon about the Defense Department, but our Conrad Kassebaum Simpson commission will go at. The fact is that institution, as well. Coverdell Kempthorne Smith part of what we are asking it to do is In one sense, what I hope will come Craig Kennedy Snowe look at the United States not as the out of this, both from within the Quad- D’Amato Kerrey Specter Daschle Kerry Stevens world’s great superpower, but from the rennial Review and the National De- DeWine Kohl Thomas perspective of one who would want to fense Panel, is the continuing effort Dodd Kyl Thompson do us harm, and to begin to determine that certainly has been going forward Domenici Lautenberg Thurmond what are the points of vulnerability. under Secretary Perry with the various Dorgan Leahy Warner Exon Levin Wellstone It may be, as Senator COATS indi- reforms to our procurement, the exam- Faircloth Lieberman Wyden cated before, we are tremendously well ination of ways in which to essentially Feingold Lott defended to fight the last war, but outsource, to bring in, to privatize, to Feinstein Lugar some relatively weaker power than we gain the economic benefits of these The amendment (No. 4156) was agreed may have the capacity to either break creative actions, to make sure that we to. our communication systems or to have maximum dollars available to ac- Mr. THURMOND. Mr. President, I shake up or incapacitate our informa- tually provide for our national defense. move to reconsider the vote. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6835 Mr. KEMPTHORNE. I move to lay The Senator from West Virginia [Mr. (C) The term ‘‘Persian Gulf War’’ has the that motion on the table. The motion BYRD] proposes an amendment numbered meaning given that term in section 101(33) of to lay on the table was agreed to. 4274. title 38, United States Code. Mr. LIEBERMAN. Mr. President, I Mr. BYRD. Mr. President, I ask unan- (D) The term ‘‘administering Secretaries’’ imous consent that reading of the has the meaning given that term in section would like to take this opportunity to 1072(3) of title 10, United States Code. give very special thanks to several in- amendment be dispensed with. (E) The term ‘‘child’’ means a natural dividuals who worked very hard on the The PRESIDING OFFICER. Without child. amendment providing for the study of objection, it is so ordered. (2) The Secretary of Defense shall prescribe alternative force structures for the The amendment is as follows: in regulations a definition of the terms ‘‘con- Armed Forces. They spent many long At the end of title VII add the following: genital defect’’ and ‘‘catastrophic illness’’ for the purposes of this section. hours amidst their very heavy work- SEC. 708. RESEARCH AND BENEFITS RELATING loads assisting their Senators and me TO GULF WAR SERVICE. Mr. BYRD. Mr. President, last Fri- in developing the concept of a biparti- (a) RESEARCH.—(1) The Secretary of De- day, the Department of Defense made a san approach toward pointing our fense shall, by contract, grant, or other remarkable admission—as a matter of transaction, provide for scientific research fact, it was a startling admission—re- Armed Forces in the right direction for to be carried out by entities independent of the 21st century. garding the possible exposure of some the Federal Government on possible causal gulf war veterans to chemical warfare In particular, I would like to thank relationships between the complex of ill- Ann Sauer of Senator MCCAIN’s office, nesses and symptoms commonly known as agents resulting from the destruction Rick Debobes of Senator NUNN’s staff, ‘‘Gulf War syndrome’’ and the possible expo- of Iraqi ammunition bunkers. In a Sharon Dunbar, a Brookings Institu- sures of members of the Armed Forces to widely covered news conference, De- tion Fellow working in Senator COATS’ chemical warfare agents or other hazardous partment of Defense spokesman Ken- office, Bill Owens of Senator ROBB’s of- materials during Gulf War service. neth Bacon announced that between fice, and Stan Kaufman, a Brookings (2) The Secretary shall prescribe the proce- 300 and 400 U.S. soldiers were within 3 dures for making awards under paragraph Fellow who works for me. Their dedica- miles of a bunker complex when it was (1). The procedures shall— destroyed in March, 1991 and may have tion, expertise, professionalism and (A) include a comprehensive, independent public service made me very proud to peer-review process for the evaluation of pro- been exposed to mustard gas and sarin. be associated with them. It has been a posals for scientific research that are sub- U.N. inspectors have confirmed that real pleasure being involved in such a mitted to the Department of Defense; and the bunker complex contained rockets successful bipartisan effort. In addi- (B) provide for the final selection of pro- and artillery shells containing the tion, I would also like to call out the posals for award to be based on the scientific chemical nerve agent sarin and the merit and program relevance of the proposed blister agent mustard gas. exceptional responsiveness and quality research. advice we received from Charlie Arm- Although none of these soldiers ex- (3) Of the amount authorized to be appro- hibited any symptoms associated with strong of the Senate’s Legislative priated under section 301(19), $10,000,000 is Counsel’s Office. When the staffers available for research under paragraph (1). acute exposure to these chemical war- worked late into the evenings and over (b) HEALTH CARE BENEFITS FOR AFFLICTED fare agents, the Department of Defense the weekends on this amendment, CHILDREN OF GULF WAR VETERANS.—(1) announced that it would initiate re- Charlie was right there for us. Under regulations prescribed by the Sec- search efforts into whether this expo- But I would like to convey particular retary of Defense, any child of a Gulf War sure might have had long-term effects veteran who has been born after August 2, on the health of the soldiers. thanks to John Lilley, a former staffer 1990, and has a congenital defect or cata- of mine who recently left my employ to I am concerned about the possible strophic illness not excluded from coverage harm that might have been done to move on to a situation which could under paragraph (2) is eligible for medical provide him more time to spend with and dental care under chapter 55 of title 10, these 300 to 400 soldiers. I am even his young family. When I originally United States Code, for the congenital defect more concerned that they may only be conceived the idea of the alternative or catastrophic illness, and associated condi- the first drop in the bucket. Between force study, it was John who was in- tions, of the child. 80,000 and 100,000 veterans are on the strumental in developing the detailed (2) The administering Secretaries may ex- Department of Defense and Depart- clude from coverage under this subsection— ment of Veterans Affairs registry for proposals we have been discussing (A) any congenital defect or catastrophic today and in working closely with the gulf war veterans who suffer from a illness that, as determined by the Secretary wide range of disabling symptoms col- staff of the cosponsors in achieving a of Defense to a reasonable degree of sci- common approach. I will miss John’s entific certainty on the basis of scientific re- lectively known as ‘‘gulf war syn- good counsel very much, and I wish search, is not a defect or catastrophic illness drome.’’ Some of these sufferers believe him well in his future endeavors. that can result in a child from an exposure of that they may have been exposed to Mr. BYRD addressed the Chair. a parent of the child to a chemical warfare chemical warfare agents while serving The PRESIDING OFFICER. The Sen- agent or other hazardous material to which in the gulf and that this exposure may ator will withhold. members of the Armed Forces might have be the cause of their illness. DOD been exposed during Gulf War service; and The Senate will come to order, spokesman Kenneth Bacon alluded to (B) a particular congenital defect or cata- the possibility when he noted that DOD please. strophic illness (and any associated condi- The Senator from West Virginia is tion) of a particular child if the onset of the is examining other reports and other recognized. defect or illness is determined to have pre- bunkers for chemical weapons, so other Mr. BYRD. Mr. President, I ask unan- ceded any possible exposure of the parent or groups of soldiers may also be at risk. imous consent that the pending amend- parents of the child to a chemical warfare Additionally, U.S. and coalition ments be set aside that I may offer an agent or other hazardous material during forces bombed many bunker complexes amendment. Gulf War service. and chemical and biological weapons (3) No fee, deductible, or copayment re- production facilities during the air war The PRESIDING OFFICER. Without quirement may be imposed or enforced for objection, it is so ordered. in 1991, so U.S. forces may have been medical or dental care provided under chap- exposed as a result of those actions as AMENDMENT NO. 4274 ter 55 of title 10, United States Code, in the well. This is a very troubling situation. (Purpose: To provide for certain scientific re- case of a child who is eligible for such care search on possible causes of Gulf War syn- under this subsection (even if the child Mustard gas and sarin, the two chem- drome; and to provide military medical would otherwise be subject to such a require- ical agents that were found in the de- and dental benefits for children of Gulf ment on the basis of any eligibility for such stroyed bunker, are known, I am ad- War veterans who have congenital defects care that the child also has under any provi- vised, to cause central and peripheral or catastrophic illnesses) sion of law other than this subsection). nervous system problems as well as to Mr. BYRD. Mr. President, I send an (c) DEFINITIONS.—(1) In this section: cause birth defects in children born to amendment to the desk. (A) The term ‘‘Gulf War veteran’’ means a exposure victims. Medical research is veteran of Gulf War service. The PRESIDING OFFICER. The (B) The term ‘‘Gulf War service’’ means needed to determine whether exposure clerk will report. service on active duty as a member of the to low levels of chemical warfare The assistant legislative clerk read Armed Forces in the Southwest Asia theater agents causes the symptoms described as follows: of operations during the Persian Gulf War. by gulf war veterans. S6836 CONGRESSIONAL RECORD — SENATE June 25, 1996 Previous funding provided by Con- priate medical care from civilian doc- Mr. DOMENICI. First, I congratulate gress for medical research into gulf war tors through the Department of De- Senator BYRD for bringing up this syndrome, awarded only last Thursday fense’s CHAMPUS program, which has issue. Clearly, we have to come up with by the Department of Defense, inves- a 20 percent copayment requirement. a better scientific answer to this prob- tigates the possible links between the These children need continuing medi- lem than we have come up with. I just illness and exposure to diesel fuel, pes- cal attention; they may need multiple want to share with the Senator another ticides and insect repellents, stress, operations or expensive medical treat- research effort that is taking place. It disease, fatigue, and nerve agent ments before they can function nor- is not in need of any of the resources pretreatment pills. Almost $1 million mally. The costs of this care can reach he speaks of, but, in the State of New of the $7.3 million total is designated $100,000, and a 20 percent copayment, or Mexico, there is a world renowned toxi- for a study of ill British veterans. None $20,000, can be financially crippling for cology center that deals with what of the research funded thus far exam- an enlisted serviceman. happens to our lungs depending on ines the link between the illness and Sergeant Hanson’s family has been what we breathe. I have just recently the exposure to chemical warfare helped by the Shriners organization, learned that they are engaged now in agents. The amendment I am offering which has paid some of Sergeant Han- an indepth research project with ref- would provide $10 million from within son’s son’s medical costs, but they erence to the war that the Senator other defense medical research efforts were forced to seek assistance through speaks of that centers around the ker- for independent medical research into the SSI program. Now Sergeant Han- osene heaters; that, in fact, they are this issue. son’s combat pay for serving in Bosnia going to be checking in depth to see if This amendment also provides relief has pushed his income over the limit there possibly could be a relationship to the most helpless victims of that for SSI eligibility, so assistance is no between some of the fume components war—the children of gulf war veterans longer available from that source. and some injury to the pulmonary— with birth defects or other cata- Mr. President, an enlisted service breathing apparatus. I just wanted to strophic illnesses that may be linked member should not have to rely on a share that as another proof of the fact to their parents’ exposure during the welfare program or charity to meet the that this is serious enough for our gulf war. health care needs of his family, par- country to be involved in a very major Life magazine ran a story about ticularly when there is some reason to way. these children in November 1995. On believe that the catastrophic health Of course, the Senator has added one the cover—and here is a replica of the care needs of his child might have re- that has not been looked at at all, that cover of Life magazine, which ran the sulted from his military service. Jayce has just recently come to light. I want- story about these children in November deserves better than that. His father is ed to share that with the Senator and 1995. On the cover is a picture of Jayce willing to risk his life in the service of commend him. Hanson, with his father. His father is his country. He should not be asked to Mr. BYRD. Mr. President, I thank Sergeant Paul Hanson of Wheeling, risk the life and health of his son. the distinguished Senator from New WVA. Three years old, Jayce was born The amendment I have offered would Mexico for his observation and his with hands and feet attached to twist- make these children eligible for care in sharing of this information with me. I ed stumps. As those who observe the the military health care system, which thank him also for his expression of picture of the cover of Life magazine includes military hospitals and civilian support for the amendment. can see in the picture to my left, they practitioners through CHAMPUS, and Mr. President, I ask for the yeas and will notice the hands that were at- would waive the 20 percent copayment nays. tached to twisted stumps, and his requirement. The number of children lower legs, which were amputated in affected is not large, according to the The PRESIDING OFFICER. Is there a order to accommodate prosthetic legs. Department of Defense, but they are in sufficient second? He also had a hole in his heart and suf- truly desperate straits. Until research There is a sufficient second. fers from a hemophilia-like blood con- can prove that these children’s mala- The yeas and nays were ordered. dition and underdeveloped ear canals dies are not linked to their parents’ The PRESIDING OFFICER. Is there that cause frequent ear infections. service in the gulf war, they should be further debate? Sergeant Hanson is still in the Army given the benefit of the doubt. The Senator from Georgia. and is currently serving in Bosnia. President Clinton last month an- Mr. NUNN. Mr. President, I support During the Persian Gulf war, serving nounced that he would seek legislation the amendment offered by our col- with the 16th Engineers of the 1st Ar- to provide benefits for children of Viet- league from West Virginia, Mr. BYRD. mored Division, Sergeant Hanson was nam veterans born with spina bifida as We need to do all we can to deal with involved with bunker- and mine-clear- a result of their parents’ exposure to gulf war syndrome. We have seen re- ing operations. He was not, apparently, Agent Orange. Let us not wait 20 years ports, just in the last week, about new involved in destroying the chemical before we acknowledge the incalculable discoveries that have been made relat- weapons bunker identified in the De- difficulties faced by the children of the ing to the Iraqi chemical stockpile and partment of Defense announcement, gulf war that may have resulted from the possibility of that being connected but it is not known if other bunkers he their parents’ service. to some of the terrible problems that helped to destroy contained chemical Mr. President, I yield the floor. I had our service people are experiencing. weapons. understood that the managers might be We all know all the problems with Mr. President, these children, like willing to accept the amendment. Agent Orange and how long we spent Jayce, suffer twice. First they are born The PRESIDING OFFICER. The Sen- on that one. I think it is time to come with disabling and disfiguring birth de- ator from South Carolina. to grips with this, and I believe the fects, or suffer from invisible but Mr. THURMOND. Mr. President, it Byrd amendment is a positive step in equally devastating illnesses. Their appears this amendment has merit, and the right direction. So I urge our col- parents may be suffering from gulf war we will accept it. leagues to support the amendment. syndrome. Then, when their soldier Mr. BYRD. Mr. President, I thank Mr. BYRD. Mr. President, I thank parent leaves or is discharged from the the distinguished chairman of the com- the distinguished Senator from Georgia military as medically unfit due to ill- mittee, Mr. THURMOND. for his support. ness, the family loses its health care. The PRESIDING OFFICER. If there The insult added to the injury comes is no further debate, the question is on Mr. President, I ask unanimous con- when the child is denied civilian health the amendment. sent that the amendment be laid aside insurance because of its preexisting Mr. DOMENICI. Mr. President, before temporarily. medical condition—its birth defect or Senator BYRD leaves the floor, might I The PRESIDING OFFICER. Without illness. just take 1 minute? Is there a time objection, it is so ordered. Even gulf war veterans still on active limit on this? Mr. BINGAMAN addressed the Chair. duty, with birth-defect children, face The PRESIDING OFFICER. There is The PRESIDING OFFICER. The Sen- difficulties. They must seek appro- not. ator from New Mexico. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6837 AMENDMENT NO. 4275 On one construction contract alone, memo is not what I consider a thor- (Purpose: To require the Secretary of De- for example, costs were 36 percent less ough analysis of options for reducing fense to take such actions as are necessary than anticipated. Also, modern com- costs. Over the past 6 years, we have to reduce the cost of renovation of the munications technology makes it un- dramatically reduced defense spending Pentagon Reservation to not more than necessary to have large staffs at the and manpower without once reducing $1,118,000,000) Pentagon to manage dispersed oper- the funds for the renovation of the Mr. BINGAMAN. Mr. President, I ations. Pentagon. send an amendment to the desk and Mr. President, in 1990, Congress Fifteen months ago, the Pentagon it- ask for its immediate consideration. The PRESIDING OFFICER. The transferred responsibility for the oper- self publicly announced its intent to clerk will report. ation, maintenance, and renovation of reduce the cost of the project. The De- The assistant legislative clerk read the Pentagon from the General Serv- partment identified a new spending as follows: ices Administration to the Secretary of target only after last year’s threat of a Defense. Congress recognized that the The Senator from New Mexico [Mr. BINGA- reduced cap and after I announced at MAN], for himself, Mr. BRADLEY, and Mr. serious structural problems in the Pen- the Readiness Subcommittee markup FEINGOLD, proposes an amendment numbered tagon building had to be addressed on April 30 that I would offer this same 4275. without further delay, and we took this amendment this year if I was not con- Mr. BINGAMAN. Mr. President, I ask action to get the long overdue project vinced by the Pentagon’s long overdue unanimous consent that the reading of moving forward. report. the amendment be dispensed with. Congress earmarked $1.2 billion that Mr. President, that long overdue re- The PRESIDING OFFICER. Without the DOD would have paid to GSA in port is still overdue. I am not con- objection, it is so ordered. rent for the next 12 or 13 years as a vinced that $37 million is the best the The amendment is as follows: breakeven way to pay for the renova- Pentagon can do in the way of savings. On page 398, after line 23, insert the follow- tions. The $1.2 billion was not based on The only way in which we can force ad- ing: any projected cost of renovation, it was ditional savings is to keep up the pres- SEC. 2828. RENOVATION OF THE PENTAGON RES- simply a sum that was available. This sure and insist on more in the way of ERVATION. seemed to be a logical way to fund the The Secretary of Defense shall take such accountability for this very, very large action as is necessary to reduce the total renovation, so Congress provided the project. That is what this amendment cost of the renovation of the Pentagon Res- Department of Defense great flexibility does. Americans have been asked to ervation to not more than $1,118,000,000. in managing the project. tighten their belts. They expect no less Mr. BINGAMAN. Mr. President, this Mr. President, this $1.2 billion cap from their Government. The Pentagon is an amendment that would have the people need to understand, Senators needs to be expected to do the same. effect of reducing the $1.2 billion cost need to particularly understand that I yield the floor. of renovating the Pentagon by $100 mil- this $1.2 billion cap which has been in YEAS AND NAYS VITIATED—AMENDMENT NO. 4274 lion. I send this to the desk on behalf the law for several years now does not Mr. BYRD. Mr. President, I ask unan- of myself, Senator BRADLEY, and Sen- include all the renovation costs. In imous consent that the order on the ator FEINGOLD. This would be the first fact, there are four categories of ex- yeas and nays on my amendment be vi- reduction in funds for this very expen- penses which add substantial amounts tiated. sive project since its inception half a to the total. The PRESIDING OFFICER. Is there decade ago. It would amount to about a For example, the Pentagon estimates objection? Without objection, it is so 10-percent reduction in the total. that the cost of buying and installing ordered. Mr. President, dramatic shifts have information management and tele- Mr. THURMOND addressed the Chair. occurred in geopolitical terms during communications equipment will be an- The PRESIDING OFFICER. The Sen- the past decade, and these shifts have other $750 million. This amount is not ator from South Carolina. caused fundamental changes in our de- part of the $1.2 billion cap. Neither is AMENDMENT NO. 4275 fense posture. As we have realigned our the heating and refrigeration plant, the Mr. THURMOND. Mr. President, I defense programs to meet changing classified waste incinerator, the fur- want to say to the Senator that we needs, the funds for many projects have niture or the 780,000 square feet of think he has a meritorious amend- been reduced and eliminated. leased space for people who have to be Despite significant reductions in de- moved during the renovation itself. ment, and we will accept it. fense spending, the Pentagon renova- The figure of $1.2 billion is, therefore, Mr. NUNN. Mr. President, I urge the tion project has enjoyed a steady flow misleading. The expense of renovating adoption of the Bingaman amendment of cash. In my view, the time has come the Pentagon easily will exceed $2 bil- and, as I have already done, I urge the to impose greater financial discipline lion. adoption of the Byrd amendment. on the Pentagon, just as the Pentagon Last year, the Senate did pass essen- The PRESIDING OFFICER. If there has asked other military organizations tially this same amendment that I am is no further debate on the Bingaman to be more frugal. Too many of our offering today to cut the Pentagon ren- amendment, the Senate will proceed to military members are forced to work ovation expenses by $100 million. Dur- vote. and live in unhealthy and unsafe condi- ing the conference, unfortunately, the The question is on agreeing to the tions. We need to ensure that the ren- conferees agreed to eliminate that re- amendment. ovation of the Pentagon does not jeop- quirement and, instead, they directed The amendment (No. 4275) was agreed ardize funding for other more urgent that the Department of Defense review to. needs. the renovation plans and recommend Mr. NUNN. Mr. President, I move to Many things have changed in this some cost saving options. reconsider the vote by which the world since this 15-year-long project This review has been underway, I am amendment was agreed to. began, and I believe the Pentagon ren- informed, since March of 1995. The Mr. THURMOND. I move to lay that ovation plans can be better aligned well-publicized review was supposed to motion on the table. with today’s new realities. There are produce a report which was expected in The motion to lay on the table was many factors which ease the impact of February of this year. We did not re- agreed to. a reduced renovation budget. For ex- ceive that report. On the 5th of June, VOTE ON AMENDMENT NO. 4274 ample, the Department of Defense is the Armed Services Committee staff The PRESIDING OFFICER. The downsizing. As the civilian military did receive a single-page memo which question is on agreeing to the amend- work force is steadily reduced, de- states that the Department has found a ment of the Senator from West Vir- mands for work space have eased as savings of $37 million and will continue ginia. well. Construction costs in the Wash- to look for more. The amendment (No. 4274) was agreed ington, DC, area have fallen. Contract A reduction of $37 million out of a to. costs for the renovation have turned total of $1.2 billion is not what I con- Mr. NUNN. Mr. President, I move to out to be considerably lower than sider an aggressive response to our call reconsider the vote by which the originally estimated. to reduce costs, and the one-page amendment was agreed to. S6838 CONGRESSIONAL RECORD — SENATE June 25, 1996 Mr. THURMOND. I move to lay that half percent flexibility is not enough, than a 1 percent increase difference. motion on the table. is insufficient to prevent the services This is the dire emergency that we The motion to lay on the table was from taking short-term management have heard discussed in reference to agreed to. actions that may adversely affect serv- spending. It turns out that President Mr. THURMOND. I believe Senator ice members, solely to meet the as- Clinton was 99 percent right on defense BINGAMAN has an amendment. signed end strengths at the end of the spending levels according to the Repub- AMENDMENT NO. 4276 fiscal year.’’ lican defense spending plans, if not ac- (Purpose: To repeal the permanent end Mr. President, every year since I cording to their defense oratory. strengths) came to the Senate, section 401 of the Mr. President, the central justifica- Mr. BINGAMAN. Mr. President, I defense authorization bill has estab- tion which has been made for much of send another amendment to the desk lished a maximum active duty end the additional money that is being and ask for its immediate consider- strength for each of the services. That added to this bill is that the Pentagon ation. seemed to me to make some sense. is underfunding modernization of our The PRESIDING OFFICER. Without Last year however was the first time in military. The bill that we have before objection, the pending amendments are memory that Congress established a us adds about $7.7 billion in procure- set aside. The clerk will report. minimum active duty end strength as ment, about $3.7 billion in research and The assistant legislative clerk read well as a maximum. development. We have heard often dur- as follows: In this coming year the minimum ing debate on this bill about the Joint The Senator from New Mexico [Mr. BINGA- and maximum will be identical, or al- Chiefs’ $60 billion target for procure- MAN] proposes an amendment numbered 4276. most identical, for three of the serv- ment and how short the bill is in meet- Mr. BINGAMAN. Mr. President, I ask ices, the Army, the Marines, and the ing that goal, even with the additional unanimous consent that the reading of Air Force. This makes no sense from money that we are adding in. the amendment be dispensed with. the point of view of running a person- The fact is that the Republican out- The PRESIDING OFFICER. Without nel system. year defense budgets will never reach objection, it is so ordered. This provision in permanent law is that target either unless there is a sig- The amendment is as follows: not just bad personnel policy; it is fun- nificant additional drawdown in mili- damentally flawed in its ties to the tary personnel on the order of several Strike out section 402 and insert in lieu thereof the following: Bottom-Up Review and the need to hundred thousand active duty person- ‘‘successfully conduct two nearly si- SEC. 402. REPEAL OF PERMANENT END nel. The fact is the Republican deficit STRENGTHS. multaneous major regional contin- hawks who put a premium on bal- (a) REPEAL.—Section 691 of title 10, United gencies.’’ This is the only place that I ancing the budget by 2002 have won the States Code, is repealed. am aware of where the Congress has battle, the budget battle, over the Re- (b) CLERICAL AMENDMENT.—The table of chosen to memorialize the Bottom-Up publican defense hawks. But they have sections at the beginning of chapter 39 of Review in permanent law. generously granted a 1-year reprieve, such title is amended by striking out the During the debate we just had a few one last spending spree to the defense item relating to section 691. minutes ago on the Coats-Lieberman hawks in an election year. Mr. BINGAMAN. Mr. President, this amendment, which mandates a new Mr. President, this does not make amendment that I have just sent to the strategic review to replace the Bottom- sense. You cannot say that you are desk would propose to repeal a provi- Up Review, we heard a great deal of going to balance the budget, that you sion that was adopted in last year’s de- criticism of the Bottom-Up Review and are going to increase funds for mod- fense authorization bill. That provision its underlying assumptions. I agree ernization and for quality of life and makes it the permanent law of the land with that criticism. for readiness, and you are going to that we will have at least 1,445,000 ac- How then, assuming that criticism is keep the active duty force level at tive duty military personnel, including accurate—and the vote certainly would 1,445,000. at least 495,000 in the Army, at least reflect the Senate agrees that the criti- The Republican budget resolution 395,000 in the Navy, at least 174,000 in cism is valid—how do we justify leav- does not add up, nor, for that matter, the Marine Corps, and at least 381,000 ing this provision in title 10 of the does the President’s defense budget. in the Air Force. United States Code the permanent law What is going to give, I predict, who- That is a permanent provision of law of the country, when we know that ever is President, has clearly got to be that we added last year. The provision next year, whoever is President, the the force structure level. states these ‘‘end strengths . . . are the Bottom-Up Review will be overtaken Mr. President, I favor modernization minimum strengths necessary to en- and the two major regional contin- of our Armed Forces. I favor quality able the armed forces to fulfill a na- gency assumptions will be history? housing for our troops. I favor provid- tional defense strategy calling for the Mr. President, let me remind my col- ing full pay raises to our forces. I favor United States to be able to successfully leagues that the Republican Congress long-term research to help keep our conduct two nearly simultaneous and the President are fundamentally in forces at the forefront of this ‘‘revolu- major regional contingencies.’’ agreement on the total resources this tion in military affairs.’’ The provision gives the Secretary of Nation will devote to defense in the I favor investments in the mobility Defense only half a percentage point coming years. of our forces and maintaining the read- leeway in meeting these minimum ac- Let me just show a chart here that iness of our forces, although I welcome tive duty levels. Even if the Secretary makes that point very dramatically, I the efforts that have been made to look of Defense, in any given year, per- believe. I know we hear a lot of rhet- at tiered readiness. suades Congress to go to a lower end oric on this Senate floor about who is But for this Senator, all of these pri- strength level, under the provision stronger, which of the parties has the orities—modernization, pay, housing, which is now permanent law, the fol- strongest position with regard to our readiness, mobility and research—all of lowing year the Secretary is again national defense, but this chart makes them take precedence over the size of bound to the 1,445,000 end strength the case, I think very persuasively, the force structure within constrained level unless he again asks and again that spending between fiscal year 1997 budgets. The Nation needs a well- Congress agrees to approve a waiver. and 2002 under the President’s budget equipped and well-paid and well-housed Mr. President, it is just bad law. The as scored by the CBO and spending and highly mobile military to deal committee has included a provision in under the final Republican budget reso- with the reduced threats of this post- the bill before us that makes it mini- lution is essentially indistinguishable. cold-war world. It will be a smaller mally tolerable in the coming year by The total spending increase over the force than the Bottom-Up Review giving the Secretary of Defense not 6 years proposed by the Republicans is force. We will not have 1,445,000 active half a percent leeway but instead a 5 $18.6 billion, with $11.3 billion of that duty personnel. percent leeway for each of the services. coming in the first year. When you go We all know that that is where the The committee report points out that through all the different numbers, Mr. Pentagon is headed next year, whoever ‘‘the committee has found that one- President, it is clear that we have less is elected this fall. Under the bill that June 25, 1996 CONGRESSIONAL RECORD — SENATE S6839 we have before us, we are going to put Mr. President, I thank the chair and The NATO Security Investment Pro- off until next year, perhaps even the yield the floor. gram, which sustains the NATO Alli- year after, any serious discussion The PRESIDING OFFICER (Mr. ance facility operations and technical about future force requirements. We SANTORUM). The Senator from New requirements, supports U.S. security are going to put off any serious discus- Mexico. and economic interests, while provid- sion about necessary trade-offs be- Mr. BINGAMAN. Mr. President, I am ing an impressive commercial return tween force structure and moderniza- persuaded that my amendment would on our investment. Where the United tion and readiness within budget con- substantially improve the bill if it were States has invested approximately $1 straints. This year this bill proposes adopted. I think the legislation in the billion in the NATO Security Invest- one last shopping spree before we cut bill, the permanent law we are dealing ment Program over the past 5 years, up the credit cards. That is not what with, is not appropriate for the time we U.S. businesses have enjoyed a total of we should be doing. live in and not appropriate for the $1.7 billion in high-tech contracts. Dur- Mr. President, by passing my amend- budget constraints that we realisti- ing this same time period, a $25 million ment and by repealing the provisions cally have to deal with. I am also well investment of U.S. dollars yielded $100 from last year’s authorization bill that aware that in this even-numbered year, million worth of military construction mandates the 1,445,000-person active it is very difficult to get the necessary contracts which were awarded to U.S. duty force in permanent law, the Sen- majority to vote for an amendment companies. In fact, nearly 40 percent of ate would spur a debate on these trade- such as the one I have proposed here. all NATO high-tech and communica- offs. If we do not repeal the provision One of the real fears of many in this tions projects are awarded to U.S. con- this year, we will be doing it next year body, I am sure, is that they might in tractors. or the year after. It is only a matter of some way be viewed as being soft on This current rate of return continues time. I urge the adoption of my amend- crime or weak on defense. I do not in to grow and benefit the U.S. economy. ment. Mr. President, I yield the floor. any way think that my amendment is Right now, there are 12 NATO con- Mr. THURMOND addressed the Chair. a signal that a person is weak on de- tracts under way which total $73 mil- The PRESIDING OFFICER. The Sen- fense. I think it is a sign that a person lion in returns for U.S. companies, sig- ator from South Carolina. is realistic about the resources that we Mr. THURMOND. Mr. President, I nificantly impacting five States. In the have to devote to our national de- upcoming years, there will likely be 10 rise to oppose this amendment. fenses, and that both the President and This amendment would repeal the NATO projects awarded to American the Republican leadership here in Con- end strength floors enacted in the Na- contractors in five States which will gress have committed to devote to our tional Defense Authorization Act for total nearly $169.8 million. resources over the next several years. fiscal year 1996. The goal in establish- Since the collapse of the Warsaw I think we would be well off to get on ing these floors was to prevent the De- Pact, the NATO alliance has undergone with the repeal of these minimum force partment of Defense and the adminis- fundamental and significant changes as provisions that are in permanent law. I tration from sacrificing active duty its strategy has shifted from a station- recognize, though, that with the oppo- strength below levels necessary to suc- ary defensive position to a lean, re- sition of the leadership of the Armed cessfully prosecute two major regional sponsive body, capable of handling a Services Committee on this issue, that contingencies in favor of other budget variety of challenges. With the we would not prevail with this amend- priorities. drawdown and overall mission redefini- Earlier this afternoon, we debated ment. For that reason, I will withdraw tion complete, the NATO alliance has and adopted an amendment offered by the amendment and keep it for another embarked upon several projects and op- Senators LIEBERMAN, COATS, MCCAIN, day when we will have a greater oppor- erations that will refocus NATO’s ef- NUNN, LOTT, ROBB, THURMOND, and oth- tunity to prevail with it. forts throughout the European theater. ers which called for a commission to At this point, I withdraw the amend- These operations need our strong fi- review the national security strategy ment. nancial support. The PRESIDING OFFICER. Without and to recommend a new, require- Opposition remains, however, as objection, the amendment is with- ments-based force structure plan. I many continue to argue that with the support that amendment and I think drawn. The amendment (No. 4276) was with- end of the cold war should come a de- that repealing the active duty end creased need for U.S. military dollars strength floors before such a force drawn. Mr. THURMOND. Mr. President, I abroad. This position is readily refuted, structure review is completed would be wish to thank the able Senator from when one considers the truly surprising premature. financial opportunities and benefits Mr. President, just to set the record New Mexico for withdrawing the amendment. that exist for our economy within straight, I want my colleagues to un- these operations. NATO SECURITY INVESTMENT PROGRAM derstand that the uniformed personnel We must continue to recognize the chiefs have not opposed the end Mr. CAMPBELL. Mr. President, as we consider the fiscal year 1997 Defense tremendous tangible rewards that are strength floors. The floors are set at generated by our leadership and par- the level requested in the administra- Authorization bill, I would like to take this opportunity to point out our finan- ticipation in such foreign investment. tion’s Bottom-Up Review. This number These figures clearly reflect the direct represents the end state of the defense cial and security investments in NATO. Too often, Mr President, we in Con- benefits and future potential of our in- downsizing. No military or civilian volvement in NATO, not only in terms leader in the Department of Defense gress find ourselves in the position of of security but in economic terms as has requested more reductions to our having to justify to our constituents well. I would encourage my colleagues active force during testimony before the rationale for providing foreign as- to observe and remember the many our committee. Section 401 of the de- sistance, particularly during a time benefits the United States is afforded fense authorization bill we are now de- when budgetary constraints are hinder- through our involvement in the NATO bating provides the services the flexi- ing what we can do right here in our alliance. bility which the uniformed personnel own home towns. For this reason, for- chiefs requested. eign spending often has become nega- AMENDMENT NO. 4277 Any further reductions to military tive and is distorted in the public eye. (Purpose: To state the sense of the Senate strengths must follow congressional While this is an understandable con- relating to the apparent inappropriate use concurrence with a new force structure cern, few recognize just how much the of Federal Bureau of Investigation files) review and a comprehensive revision to United States benefits from its finan- The PRESIDING OFFICER. The Sen- the roles and missions of our Armed cial investments and active participa- ator from New Hampshire. Forces. Repeal of the active duty end tion in foreign activity. The NATO Se- Mr. GREGG. Mr. President, I send an strength floors in the absence of such curity Investment Program is a model amendment to the desk. reviews and recommendations would be that readily defies this negative image The PRESIDING OFFICER. Without foolhardy and ill-advised. I urge my and I would like to highlight this for objection, the pending amendment will colleagues to oppose this amendment. my colleagues today. be set aside. S6840 CONGRESSIONAL RECORD — SENATE June 25, 1996 The clerk will report the amendment. for purposes of investigation which ex- the person responsible is now actually Mr. GREGG. Mr. President, I ask ceed the legitimate purposes of the being paid by the taxpayers of this unanimous consent that the reading of White House or some other agency of country his full salary. That is wrong. the amendment be dispensed with. the Government? The issue here in- I think it is wrong on all sorts of lev- Mr. FORD. Mr. President, I object. volves the question of, when does the els, but it is wrong on the issue of The PRESIDING OFFICER. The police power of the State, when abused, logic. It is wrong on the issue of fair- clerk will report the amendment. significantly abridge the rights of indi- ness to the people whose files were The assistant legislative clerk read viduals and citizens of the country, be- gone through, but, most importantly, as follows: cause this information was collected it sends the wrong signal on a matter At the appropriate place, insert the follow- under the authority of the police of this seriousness. He should have ing: power, the FBI. But how information been fired outright, as I think the SEC. . (a) The Congress finds that— regarding 400 individuals, many of President suggested when he was run- (1) Federal Bureau of Investigation back- whom had not been involved in any ground files contain highly sensitive and ex- ning for office. There is no question tremely private information; form of White House access for years, about that. That would have been the (2) the White House is entrusted with Fed- could be legitimately requested by the proper course of action. But, at the eral Bureau of Investigation background White House raises very significant and minimum, he should not have been able files for legitimate security purposes but it serious questions. There is no doubt, to request administrative leave. He should ensure that any files requested are really, that what happened here was should have been put on leave by this needed for such purposes and that these files some sort of, at the minimum, fishing White House, without pay. What has remain confidential and private; expedition for information, and one happened, however, is just the oppo- (3) the White House has admitted that the suspects and is concerned that the goal personnel security office headed by Mr. Liv- site. He was put on leave at his request, ingstone inappropriately requested the files and the purpose of that fishing expedi- with pay, an action which one has to of over 400 former White House pass holders tion was not involved in the necessary question rather significantly. who worked under the past two Republican function of access to the White House, Now, let us review again what hap- Presidents; because a large number of the people pened. There were 400 names—maybe (4) Craig Livingstone, the director of the on this list involve people who had no more, we are not absolutely sure yet— White House personnel security office, has active involvement with the White which were requested by the director of been placed on paid administrative leave at House and who, clearly, had no poten- the office of White House personnel se- his own request; tial future active involvement with the (5) the President has taken no action to curity. Now, the director of White reprimand those responsible for improperly White House. And, therefore, to obtain House personnel security has the obli- collecting sensitive Federal Bureau of Inves- this sort of information on them makes gation, under the White House rules, to tigation files; and no logical sense in relationship to the manage who has access to the White (6) the taxpayers of the United States purpose of the security office of the House. Traditionally, that post has should not bear the financial responsibility White House. So what you have is a been under the direction of career indi- of paying Mr. Livingstone’s salary. very serious issue of the proper usage viduals, people who specialize, through (b) It is the sense of the Senate that the of information, which had been devel- President should terminate Mr. Livingstone their activities in the Government, in from his position at the White House imme- oped by the FBI, or the police power of the management of security for the diately. the State, in the functioning of the White House. That has been the tradi- Mr. FORD. Mr. President, I suggest Government. tional individual who has managed It has become pretty obvious from the absence of a quorum. that office. The PRESIDING OFFICER. The Sen- this exercise that at least one individ- However, with the ascension of Presi- ator from New Hampshire is recog- ual is primarily culpable for this ac- dent Clinton to this White House, there tion—this action which is not defen- nized. was an individual appointed as director Mr. GREGG. Mr. President, I do be- sible. In fact, the White House has said of the office of personnel security it was not defensible. In fact, the White lieve it is appropriate for us to discuss named Mr. Livingstone. It has been re- House has used terms such as ‘‘inexcus- this issue at this time. It is very obvi- ported, rather widely, that Mr. Living- able.’’ I believe the President has even ous, in my opinion, and I think the stone’s basic experience was as a politi- used that term. Clearly, the Chief of opinion of many in this Chamber, that cal operative within the campaigns of Staff has used that term. But that indi- something unusual and inappropriate several different candidates—the Presi- vidual continues to be paid by the tax- dent’s candidacy, obviously, but I be- and—— payers of this country. He was not Mr. FORD. No more votes tonight. lieve even the Vice President’s can- asked to leave. He is on self-requested Mr. COATS. Mr. President, could we didacy at one time, and I believe he administrative leave, I believe. So your have order in the Senate, please. also worked for former Congresswoman tax dollars, my tax dollars, the Amer- The PRESIDING OFFICER. The Sen- Geraldine Ferraro. His basic purpose ican people’s tax dollars, and even the ate will be in order. was to manage political affairs and se- tax dollars of those 400 folks whose Mr. GREGG. More than 400 names, files have been gone through in this curity within the campaign structure. with FBI files, have been requested by manner, are being used to fund the sal- So he was moved into this position of the White House, pursuant to what ap- ary of this individual. That seems, to director of the White House personnel. It has, again, been reported that, in pears to be the request of the director me, to be not only incredibly ironic, of the White House personnel security but extraordinarily inappropriate and that position, he reported to a series of office. In this instance, this is clearly a inconsistent with the policy stated by people within the White House, many violation of a proper handling of the the President when he was running for of whom also managed political activ- most sensitive information about indi- this office. ity within the White House. That, of viduals who have worked for the Gov- When the President was running for course, raises the question of, what is ernment or who may be politically ac- office, if people will recall, there was the proper way to manage this office? tive. an incident that occurred at the State But that is a secondary question. The It appears from all press reports that Department that involved the review of primary question was, why would this these files represented primarily Re- the passport file of the then-candidate, individual have requested these 400 publican members or Republican indi- Governor Clinton. At that time, he files on these 400 individuals, almost viduals who identify themselves with stated with considerable and, I think, all of whom are Republicans? the Republican Party. The fact is that appropriate outrage that had such an FBI files, by the way, are very unique has created a clear concern amongst incident occurred, or should such an in- files. They are not a credit union file. not only those people whose files were cident occur during his administration, They are very serious reviews of a per- requested, but I think amongst anyone that person would be—the person re- son’s activities, going into all sorts of who is interested in the proper func- sponsible for that action—quickly ter- background checks that are extraor- tioning of a democratic Government. minated. dinarily substantive. The FBI, if noth- The issue here is, at what point can Well, not only has the person respon- ing, is one of the most thorough inves- the police powers of the State be used sible not been quickly terminated, but tigative organizations in the country. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6841 They are not a credit union report. In actually asked to get into the White good and decent people who are con- fact, FBI files are so seriously viewed House?’’ Nobody appears quite clear on cerned about the status of the Con- that when I, as a Member of the Sen- that. There was an indication, initially stitution; many. All of us in this ate, asked to look at an FBI file of a made by Mr. Livingstone, that the 400 Chamber are. Some have reviewed and person nominated for a position, which names came off the list that he had evaluated this situation and have said, is subject to senatorial review—for ex- been supplied by the Secret Service. ‘‘Listen. This individual should be ample, say, the Surgeon General—be- But the manner in which these names fired.’’ I believe the Senator from Illi- fore I could look at that file, I have to were listed and the manner in which nois has made that statement on occa- request that file of the FBI, the FBI the files were requested is inconsistent sion, and I believe the Senator from has to clear that request through the with the Secret Service’s filing system. Vermont has also. White House, and then a White House They do not have a list of names which So it is not a partisan position. It is individual, who is designated by the go from A to G—which are the names simply a logical position that, if some- FBI—and they may actually work for involved—that meets the identification one has acted in this manner, they the FBI; I am not sure which, because or would be listed in the manner in should not be rewarded with taxpayer sometimes I think it differentiates—in which they are requested by the White dollars. any event, a person from the White House security. They do not have them Do we have the capacity in this bill House physically comes to my office, in that form. So it was not the Secret to terminate him? Do we have the ca- or I go to their office, and sits with me Service which had brought the list of pacity to fire him? Do we have the ca- while I review that file. And I am only names forward. Rather, it was very pacity to say he should not be paid as allowed to review that file by myself. I clearly some other manner in which a matter of law? Well, we might, I sup- am not allowed to make any copies of these names had evolved. pose. But it would be very hard and anything in that file. I am not allowed So, as a practical matter, what we complex, and it would be tortuous to to in any way reproduce any part of have is a situation where a group of do that. that file. While I review that file, sit- names were requested, 400 names with So rather than make it an amend- ting directly across from the table is their FBI files, and the responsibility ment that would have the force of law, this handler of that file—usually a for that request—which was totally in- I have simply suggested that as a sense White House individual but I believe a appropriate, which was out of the nor- of the Senate we go on record and say detailee of the FBI at the White House. mal mode of operation of the White that we feel that this individual should So it is not a casual event that some- House security office, and which was no longer be paid by the taxpayers of body looks at an FBI file. It is not a inconsistent with the rights of these the United States. We are basically casual event at all. It is a very seri- individuals whose names were in these suggesting that what is right should be ously viewed event. It is that way be- files —was under the auspices and man- done. And it is not unreasonable to cause these files are so in depth and be- agement of the Director of White seek to do what is right. cause they involve such a totality of House Personnel and Security, Mr. Liv- This is such an obvious point—that information about the person whose ingstone. what is appropriate and right almost name is in that file. These same types For the moment all roads, therefore, should go unsaid. It should not have to of files are no different from the one lead back for this rather incredible act be said. There should not have to be a that I must sit in an office and review of disregard for the constitutional sense of the Senate on this point. The by myself with a member of either the rights of American citizens to Mr. Liv- President should have just done it just FBI or the White House present. These ingstone. And one must conclude that like he suggested that he would during same types of files are the exact types when the President said—or his spokes- the campaign. But in this instance that of files which were sent down to the person, Chief of Staff, Mr. Panetta, has not occurred. White House en masse—400 of them ap- said—it was an inexcusable act, that it So I believe it is appropriate that we proximately—and kept there under the was just that and therefore it should take up this sense of the Senate. As a auspices of the Director of White House not be excused. What do you do when result, I have brought it forward at this Personnel for Security, Mr. Living- you have an inexcusable act? You do time. I recognize the consternation stone. not excuse it. You do not reward it. this may create, and I certainly wish You would ask: What would he do You do not say, ‘‘Well, we are going to to apologize to the leader of the Armed with those 400 files as security officer? continue to pay you. You did an inex- Services bill, the Senator from South Logically, if somebody was going to cusable act, and we are going to con- Carolina, who I greatly admire, and, as come into the White House, the White tinue to pay you.’’ No. You should fire does everyone in this institution, hold House has every right to say, ‘‘We have the person, and you should terminate in absolute esteem. But the vehicle to to check out who that person is. We their pay. But in this instance that has bring this up is the only vehicle that is have to know who that person is. We not happened. on the floor. And if it were not brought have to know their background for se- So the taxpayers I believe have a up on this vehicle it would not be able curity reasons.’’ right to ask: Why has this individual to be brought up probably for weeks— So they have every right to an FBI not been terminated? Why has his pay certainly until after the Fourth of July file on individuals who are seeking ac- not been terminated? What is it that recess, and maybe not even then. Thus, cess to the White House. But these 400 this individual has done which justifies I feel that I should go forward at this names were not people who had asked him to continue to be paid by the tax- time. And thus, I have. to get into the White House. That is payers of this country? Even if you are At this point I would ask for the yeas the point. They had not asked for it. not going to fire him, you should at and nays. They were not seeking access. Many of least put him on leave without pay. The PRESIDING OFFICER. Is there a them never expected to return to the I suppose by some contorted manner sufficient second? White House in their life even for a of logic you could argue that he should There is not a sufficient second. tour, I do not think. Some of these 400 not be fired. It would be inconsistent Several Senators addressed the people were just folks who had a job with what President Clinton had origi- Chair. there when Ronald Reagan was Presi- nally suggested during his campaign Mr. THURMOND. Mr. President, if dent or when George Bush was Presi- for the Presidency. But let us assume the Senator will withdraw it for just a dent; did their job, and had gone home. that was the decision that was made. moment. Some of them were national figures of But clearly, if he is going to be put on The PRESIDING OFFICER. The fairly significant notoriety. But the leave, he should not be paid. Democratic leader. one thing they had in common was I am not the only person that has re- Mr. DASCHLE. Mr. President, I sug- that almost all of them were not seek- viewed this. In fact, I have sensed that gest the absence of a quorum. ing access to the White House. on the other side of the aisle there is a The PRESIDING OFFICER. The In fact, one of the interesting ques- fair amount of consternation about clerk will call the roll. tions here is, ‘‘Well, where did the list what has happened here, and I believe The legislative clerk proceeded to of 400 names come from if they had not that is reasonable because there are call the roll. S6842 CONGRESSIONAL RECORD — SENATE June 25, 1996

Mr. GREGG. Mr. President, I ask individuals, to make sure that those I appreciate Senator GREGG’s willing- unanimous consent that further pro- files would not be misused or abused. ness to withdraw the amendment. But I ceedings under the quorum call be dis- That information should be kept secret guess I join my colleague from Okla- pensed with. for very limited access purposes, to homa in stating that it is a perfectly The PRESIDING OFFICER (Mr. make sure that individuals that have justifiable amendment given the cir- INHOFE). Without objection, it is so or- very high security operations or needs cumstances of the situation. dered. would be cleared, to make sure there I think a lot of us are feeling we do AMENDMENT NO. 4277, WITHDRAWN are no real problems. not quite understand what is going on Mr. GREGG. Mr. President, in order This is maybe the most serious abuse down at the White House. The person to move the process along, and in order of FBI files in history. It remains to be in charge of the travel office, who is to help the Senator from South Caro- seen. The Senator from New Hampshire not political, gets fired because they lina, whom I greatly admire, I have de- is saying that the individual primarily want to put somebody who is political cided at this time to withdraw my responsible for that, Mr. Livingstone— in the office; but the person who is po- amendment. I ask that the amendment he is still on salary, still on paid vaca- litical does not get fired. It seems to be be withdrawn. tion, I guess. He is on leave but he is kind of a double standard and a dis- The PRESIDING OFFICER. The being paid. That is troubling. The Sen- connect. amendment is withdrawn. ator had a resolution that said he So Senator GREGG is pointing out The amendment (No. 4277) was with- should be terminated. He should be ter- something that I think needs to be ad- drawn. minated. I know I have heard that not dressed. I just appreciate the fact that Mr. NICKLES. Mr. President, one, I just from Republicans, but Democrats he is willing to allow, in deference to compliment the Senator from New alike. the Senator from South Carolina and Hampshire for offering this amend- So, Mr. President, I compliment the those of us who feel it is important to ment. This amendment deals with the Senator from New Hampshire for, one, go forward with the defense authoriza- issue of Filegate. It is not related to bringing this issue to the floor of the tion bill, the opportunity to move for- the Department of Defense bill. The Senate. I note there will be hearings ward with this legislation. chairman of the Armed Services Com- tomorrow dealing with this issue. Mr. But what is happening here is noth- mittee, Senator THURMOND, requested Livingstone, and others, will be testify- ing more than what has happened to that he set this amendment aside or ing before Congress. This is important. us. We have tried to move relevant leg- withdraw it so we can move ahead with It is vitally important that Congress islation forward, and the Senator from the Department of Defense bill. I un- get to the bottom of it, find out the in- Massachusetts and others insist on derstand Senator THURMOND’s request. formation. But in the process, it is adding nongermane, nonrelevant Senator GREGG has assented to that re- troubling to think that at least one of amendments to every bill that the Re- quest. But I think his amendment is an the individuals that was responsible for publicans put on the floor. So, whether important one and it is a timely one. it is the minimum wage or whether it There were very serious actions or it is not only on leave, but he is also on is the Glaxo issue, or whatever, there is deeds taken by officials in the White paid leave, that he is on a paid vaca- a whole series of nongermane, nonrel- House that are very troubling. Over 400 tion, I guess, at taxpayers’ expense. evant amendments being offered to FBI files were requested and received So the Senator from New Hampshire, bills that everybody agrees need to be by White House officials, almost all of I think, had a resolution that if we moved forward. So I think Senator which are on Republicans who pre- vote on—I might mention he has with- GREGG is perfectly within his rights in viously worked in the White House. drawn it so the Senate can proceed. I offering that amendment. I think it is They were requested in December 1993 ask our colleagues on the Armed Serv- an appropriate subject for debate and and beyond so, in other words, all those ices Committee to return to the floor officials had left the White House at so we can conduct business on the DOD discussion. I do commend him for rec- least a year before, some quite some authorization bill. He has withdrawn it ognizing the importance of the defense time before that. Yet, FBI files were so we can proceed. He agreed to the re- bill and being willing to withdraw it at requested as if for access to the White quest by Senator THURMOND, the chair- this time. I hope, Mr. President, that Members House, when those individuals did not man of the Armed Services Committee, on the other side of the aisle will not need access to the White House. to move forward. That is a serious problem. It may I respect the Senator from New now take the opportunity to continue have been a crime. I remember one in- Hampshire for his willingness to do so. the practice of offering nongermane dividual became somewhat famous dur- I respect the Senator from South Caro- bills, and I hope Members on this side ing Watergate. Chuck Colson went to lina for his desire to move this bill for- of the aisle would also honor that from prison for misusing or disclosing an ward. He also has a right to reoffer it this point forward. It is a little tit for FBI file. FBI files are very privileged at a different time, just as the Senator tat here. We spent 3 weeks, or a little information. I know in my tenure in from Arkansas has for an amendment less than that, trying to resolve an the Senate I have only seen them a few dealing with pharmaceuticals. He of- issue of a nongermane, nonrelevant times, primarily on judges for con- fered it last week; he withdrew it. He amendment being offered on bill after firmation or possibly U.S. attorneys or has a chance to offer it again. That is bill after bill. We finally had a tortuous marshals or something. his right. It may be germane to this unanimous consent agreement—it But I remember, every time we had bill to some extent but somewhat lim- probably set a record for the number of an FBI file brought to my office, it was ited in its germaneness. It is my hope, words or pages in that unanimous con- for my eyes only. While I had access to too, that we will pass this bill. sent agreement—finally worked out by that FBI file I did not Xerox it, I could So, again, I thank the Senator from the new majority leader and the minor- not make notes from it. I was not enti- New Hampshire for his action in bring- ity leader. Maybe the best thing we can tled to take that file home. I was not ing this issue to the floor of the Senate do here is to agree to both move for- entitled to keep it in my office alone. and also for his willingness to with- ward with the business at hand and During access to that file, there was an draw the amendment so we can proceed then allow Members to take up these FBI agent present or a Senate staff and move forward with this bill tonight other issues. person who had a particular clearance. and hopefully make significant Certainly the Senator from Massa- So in other words, in the Senate we progress on this bill tonight. chusetts has the right to address the really protect FBI files, as we should. Mr. COATS addressed the Chair. issue of minimum wage, but it ought to The files are locked up. They are not The PRESIDING OFFICER. The Sen- be done on a relevant bill. Certainly opened for staff. They are not opened ator from Indiana. the Senator from Arkansas has the for rummaging through the files. As a Mr. COATS. Mr. President, I also right to address the issue of the Glaxo- matter of fact, it is against the law to want to thank Senator GREGG. As a GATT matter, but it ought to be done do so. member of the Armed Services Com- on a relevant or standalone basis. Cer- The Privacy Act, which was passed mittee obviously interested in moving tainly the Senator from New Hamp- post-Watergate, was passed to protect this defense authorization bill forward, shire has the right to address what I June 25, 1996 CONGRESSIONAL RECORD — SENATE S6843 think is one of the most fundamental should be investigating here. I think have reviewed FBI files as a member of ethical issues that we are dealing with the Senator from New Hampshire’s res- the Armed Services Committee. They at this particular time. olution was, frankly, pretty mild. I do bring the files and they sit there I yield the floor. suspect if we had a public vote on that with you while you review them. You The PRESIDING OFFICER. The Sen- resolution—and the reason we are not cannot take notes, you cannot make ator from Pennsylvania. having a public vote on that resolution copies, you cannot do anything with Mr. SANTORUM. Mr. President, I is because, obviously, the other side those files. If you have a question, you also want to commend the Senator does not want to debate or discuss this; ask the question of the individual and from New Hampshire for offering that they put in a quorum call, which they track down the answer for you. amendment. I know it is not germane means we have a time out and we can- They do treat these things as very con- to the defense authorization bill, yet I not go back into play on the field here fidential because there is information think it is important that we begin to to move forward with our business in there that is not substantiated. It is discuss some very serious issues that I until the other side allows us to go a lot of hearsay in many cases. ‘‘A said think deserve to be debated and dis- back into play. This institution would this about B, who said this about this cussed here on the floor of the U.S. have been shut down the rest of the person.’’ There is all sorts of stuff in Senate. night as long as the Senator from New there, and a lot of it is unsubstan- I was just made aware that the other Hampshire’s amendment was on the tiated, and probably some of it is false. partner in crime or potential partner floor because they do not want to talk It is a complete record. It is unedited. in crime, Mr. Marceca, just announced about this. They certainly do not want To have those laying around the White that he has made available 300 addi- to vote on this. I suspect if there is a House or someplace for 2 years, 1 of tional files, in addition to the 481; public vote on this, which is the way those 2 years the information letting there are now 300 additional files, some we do things in the U.S. Senate, it us know that those documents were of them national security files, that he would pass 100 to 0. I do not think there there, was under subpoena, and they has now made available and has just are too many who would stand up and held it, that is serious. showed up on an AP wire. This issue defend the conduct of Mr. Livingstone. To suggest the Senator from New continues to get broader and broader I do not think the issue is that there Hampshire should not be able to come and broader and more and more files are too many people over there that up here and debate that subject and get trickling out. Frankly, not much has want to defend Mr. Livingstone. a decision on the part of the U.S. Sen- been said here on the floor of the U.S. The issue is that a lot of people do ate when the evidence is very clear of Senate one way or another. not want this to be the discussion on what is going on here—we will have I can say this is an important issue. the U.S. Senate floor. I do not blame testimony tomorrow by these two gen- This is an important issue beyond the them. This is not a pretty subject, but tleman who are going to tell their politics of it. It is an important issue it is a serious matter. It is a very seri- story, or maybe tell their story. We of who has access to secure documents? ous matter, and it is not a political will see. I do not know whether they Who has access to national security matter. Yes, there are political impli- will tell their story. I hope they do. documents? And what are they doing cations, I am not naive to that. But They will be there tomorrow. Maybe with those documents? How to we treat this is a very serious breach of security after we hear the testimony of Mr. Liv- people who do things with those docu- matter. The American public must ingstone, maybe there will be a resolu- ments? Who ordered them to do it? have faith in their Government’s abil- tion that will be bipartisan that calls Who else knew about it? I like to think ity to keep classified information just for his resignation or dismissal. Some- that Mr. Livingstone, maybe, was just that, classified, and away from people how, I think we need to send a message a wild guy acting on his own, and for using it for dirty tricks or just for out of the floor here of the U.S. Senate Marceca was another one of these wild their own jollies, as may be the case that this is a serious matter that men who was off doing his own thing. I here. should be treated as such by a Presi- know a little bit about how things I do not know, maybe it was two dent, who I think right before the elec- function in this town, and there are rogue guys who were just having fun or tion said he would have the most ethi- very few things that are run independ- maybe it was a bureaucratic snafu, cal administration in the history of ently. where someone just made a mistake. this country. Do you want to talk Now we are seeing this list getting But if someone just made a mistake, about a promise? That is a great prom- broader and broader and information and I am the general counsel, and I am ise. I will leave it to you to determine trickling out. We still have 2,000 pages looking through these documents that whether you think he has kept that under subpoena in the House that the were released just a few days ago, and promise, whether you believe this ad- Executive Office is claiming privilege I see in here that we have 481 docu- ministration has been the most ethical over. By the way, they claim ‘‘privi- ments that we should not have had sit- administration in the history of this lege’’ over the original 1,000 docu- ting at the White House for a year at country, whether you believe it is ethi- ments, of which this file information that time, when I am reviewing the cal for members of the administration was uncovered. If they claimed that subpoena request from the House and I to gather FBI files on, conveniently, under the original 1,000, what is in the see this, and I claim Executive privi- almost all Republicans and have them 2,000 they are holding on to? Maybe lege over this information for a year, laying around the White House—pri- some of these national security docu- then somebody else had to know some- vate, confidential files, classified ments that are now being discussed or thing. It is not just these two folks files—for 2 years. mentioned in these 2,000 documents running around having fun in the base- As I said, that is only a third of the being held by the White House under ment of the White House. Someone papers that have been asked for. There claim of Executive privilege. very high up said, ‘‘Yes, we know these are still other documents out there I commend the Senator from New documents are here. In fact, we will let that we are waiting to look at, which Hampshire for bringing this issue to them sit here for another year, and we are being protected by the White the floor, for talking about the firing are going to claim privilege over these House, which I suspect they consider of Mr. Livingstone, but I do not think documents.’’ That someone, at least more politically damaging. I think we we want to make Mr. Livingstone to be tacitly, is condoning what they are have an obligation, not from a partisan the heavy here. The fact of the matter doing in the general counsel’s office. perspective, but from the perspective is this was a man who was trusted by The American public has a right to of getting to the bottom line of what is very high-up people in the White know that people in the White House going on here. Maybe all of those 2,000 House. George Stephanopoulos said or in the Congress are not playing fast pages will show the snafu, will exoner- this is a man who ‘‘knows how to get and loose with the private lives of ordi- ate the President, will exonerate every- things done.’’ If he only knew. Or nary American citizens. At the very one up and down the chain of authority maybe he did know. I do not know. least, that is what is going on here. I there, that this was, in fact, what they Those are the kind of things I think heard the Senator from Oklahoma talk are claiming—a little mistake. It we should be discussing here and we about when he has reviewed FBI files. I would take a lot of paper—much more S6844 CONGRESSIONAL RECORD — SENATE June 25, 1996 than 2,000 pages, in my opinion—to do tell them what is really at stake here, am only disappointed that he is not that, but maybe it will. and what classified files really mean. running for reelection. I hope he does So be it. But we should have that in- Mr. President, I think we do need to so, and that he finishes his term in the formation. What is hanging over this talk about that. I think the American same manner that he has conducted investigation right now is a cloud of public needs to know what is involved himself—keeping to the facts, keeping potential criminal activity. The White in these documents, what is involved in on this case, and following through to House knows if there is potential the law. I hope that Members who cer- its conclusion. criminal activity discussed in those tainly know the acts better than I do, Thank you, Mr. President. documents, they cannot claim Execu- who are on the Judiciary Committee, Mr. DORGAN addressed the Chair. tive privilege. It is clear that they can- will come here and actually talk about The PRESIDING OFFICER. The Sen- not claim Executive privilege if there that, talk about what is involved. I ator from North Dakota. is illegal activity involved in those know many Senators have done so. I Mr. DORGAN. Mr. President, nor- documents. think it needs to be explained more. mally they serve sandwiches and coffee So let us wait and see. Let us wait This is a serious problem, and the following a political speech. We have and see how this is going to play out. If Senator from New Hampshire, who, I had four of them. Although the Senate there is any problem I have with the would say, somewhat courageously is not a Republican precinct conven- resolution of the Senator from New stood up and took the risk of getting tion, and it would violate the rules to Hampshire, it is that it targets one some missiles fired at him—which was serve sandwiches and coffee, one would person. I would suspect that what we done—did so. But I think he did so to almost expect that following the are going to see here, as this issue de- let it be known that this is not an issue speech we have been treated to. velops, is that we are going to see ev- that we believe is exempt from discus- I come from ranching country in eryone turn in their guns on Mr. Liv- sion here on the Senate floor during western North Dakota. I am thinking ingstone and Mr. Marceca. They are this very important time. of the old phrase, ‘‘All hat and no cat- going to have horns and a little beard, So I am anxious to see what happens tle.’’ It is kind of interesting to listen and they are going to be the scape- tomorrow. And maybe depending on to this discussion. The last speaker goats, the bad guys. Everybody is going what happens tomorrow, we may be just told us that he has registered his to point the finger at them and try to back here on the Senate floor with fur- verdict on a whole series of issues, and make them out to be the villains and ther discussion and possibly other now tomorrow he is going to a commit- the guys who did all the bad things kinds of resolutions that express the tee hearing to hear the evidence. That here, and all of the rest of us are as sense of the Senate, or even do more is a new approach, I guess, to making pure as the wind-driven snow, and we than that, with regard to this situa- judgments about things. did not know what the bad boys were tion. It is one that I hope we can deal One hour ago this Chamber was filled doing all this time. with in a bipartisan fashion, as I said with Senators. In these six seats sat That is what, I guarantee you, will be before. If the Senator from New Hamp- the chairman of the Armed Services the line. Once we find out this was not shire actually had a chance to have a Committee, the ranking member of the a snafu, that this was, in fact, a pretty vote on his resolution, I think if the Armed Services Committee, and their bad happening, we will then turn from vote was public, it would be 100 to 0— staff. We were voting on defense au- the snafu to the scapegoat. And they even if it was private, it would be 100 to thorization amendments. Senator BYRD will stonewall and stonewall as long as 0. That is how most Members feel offered an amendment. Senator BINGA- they can, putting those two guys out about it. MAN offered an amendment. We had front to take the fall. Most Members feel very uncomfort- other amendments. We were working Well, let us see what this body is able about this. I am not asking them on a series of amendments on the de- going to do about it. Let us see how bi- to defend this. There is a reasonable fense authorization bill. Some of us partisan we can be to get to the truth side to say that the jury is still out, thought that those who said they want- on something that has serious, serious and let us wait and see what happens, ed to finish this bill were serious and liberties implications. Let us see how let us not draw conclusions from every- we were interested in getting the work bipartisan we are going to be. Let us thing. I think, certainly, from the evi- of the Senate done and offering amend- see how much we really want to find dence revealed so far, we have some ments to this bill. out the truth, or how much we want to very serious problems here that need to Then a Senator, perfectly within his protect for political purposes. be addressed, and I hope this body will rights, jumped up and offered an I am willing and anxious to see the be as active in pursuing that oversight amendment that had nothing at all to bipartisanship on this investigation. I responsibility that we have as the do with this bill but had instead to do am anxious to see resolutions brought House of Representatives Government with an issue dealing with the White to the floor that have bipartisan sup- Oversight Committee. House. In four subsequent speeches, port, which say that we need to get to I want to commend my colleague four Members of the Senate used the the bottom of this, and we need to from Pennsylvania, someone whom I time of the Senate sufficiently so that speak as one voice in the Senate and have known for a long, long time, BILL now nearly 2 hours later the Senate is speak up for privacy rights of individ- CLINGER, the chairman of the Govern- vacant. There will be no more business uals and against unethical behavior in mental Affairs Committee over in the tonight. There will be no further votes the White House. House of Representatives. I had the tonight. There will be no further work When I start to see some of that hap- honor, as a college student at Penn done on the serious business of the de- pening, then maybe we will not have to State, to work as an intern for BILL fense authorization bill. have these little breaks in time here on CLINGER. He is someone who I think, But the accomplishment was that the floor. Maybe we would not have to frankly, is seen in the House as being four relatively political speeches were have a shutdown like the one that oc- beyond partisanship. BILL has been a made on the floor of the Senate. It is curred this afternoon, the shutdown of stand-up guy, who is not engaged in an election year. It is June. The elec- this bill, which is a very important bill partisan activities. I think maybe more tion is in November. We understand it to this country, the defense authoriza- than any other Member over there, he all. I am not divergent about all of tion bill. Maybe we will not have to see has the ability and legitimacy to take this. I understand. Everyone has the a shutdown. Maybe we will see true co- on this issue in a very fair-minded way. right to do this. But you do not have operation for the betterment of this I think he has done that. BILL CLINGER the right, it seems to me, to complain country, instead of a continual, well, does not pursue things unless he be- that you are not getting anything done let us try to put this behind us. There lieves there were some misdeeds. He if you are causing the circumstances to is an investigation going on, and let us pursued it, and he pursued it honestly avoid getting things done. not deal with this. Let us not talk and forthrightly. He did not make par- Last week on this bill we were treat- about it. Let us not put it before the tisan statements during that time. He ed to an amendment—and I think a American public so that they know stuck to his guns, stuck to the facts, several-hour debate—about whether what the heck is going on. Let us not and he has done an outstanding job. I Pennsylvania Avenue in front of the June 25, 1996 CONGRESSIONAL RECORD — SENATE S6845 White House should be opened or raise; that is, the folks at the top of under a quarter of a million dollars a closed; a very significant military the economic ladder. year and less? No, we will not agree to issue apparently. Or was it an issue We ask whether it was not reasonable do that. We insist people above a quar- that had nothing at all to do with this that the folks at the bottom of the lad- ter million dollars a year get a tax cut bill? I think it was the latter. der, the kind of people that I referred as well. All right, we said. At least The issue has been raised about files to in some letters I used the other day could you agree that at a time when we at the White House. I would say this— who work at the bottom of the ladder are up to our neck in debt trying to re- I think the President would say this if for minimum wage—the woman who duce the Federal deficit, at a time he were standing on the floor of the told me that they had lost everything when you are saying that 60,000 kids, Senate: If anyone has been guilty of in a fire in their trailer house. They all of whom have names, aged 3 and 4, wrongdoing, if laws have been violated, had sickness and problems in their living in homes of low income and in if people have abused their privileges family. She works. Her husband works difficult circumstances, you are going with respect to those files, they de- for minimum wage. She says, to say to them we cannot afford to serve to be fired—end of story; no ex- I don’t know how I am going to tell my two keep you on the Head Start Program, cuses. As all my colleagues know, we sons who want to play summer baseball that Timmy, Tommy, Jane, we are going to have an independent prosecutor, an I do not have the $25 that it requires as a fee kick you off the Head Start Program, a independent counsel, now at the re- to sign them up let alone buy them baseball program that we know works, a pro- quest of the Attorney General conduct- gloves. gram that we know improves their ing an investigation at the White That is the daily story of people at lives; cannot we at least agree when House, hopefully as we speak. If it is the bottom of the economic ladder. you are suggesting that we will not discovered that anyone has abused We said that we would kind of like to give tax breaks to families whose in- those files, or misused information in see an adjustment after 6 years. But comes are over $1 million a year, at the files, or requested files that were they do not want that on the floor of least limit the tax cuts to families $1 inappropriate, or done anything in any the Senate. million a year and less? Do you know way that would lead the American peo- So for 4 months we have been wres- what? The majority voted no. Said, no, ple and Members of Congress to believe tling with the notion of whether we we will not limit it. Why? Because the that they have not behaved properly, I could bring to the floor of the Senate a package of tax cuts that they truck fully expect this President to discharge modest adjustment that helps those at into this Chamber is a package of tax them and to do so immediately. But the bottom of the economic ladder. For cuts that have very, very generous that is not what this is about. 4 months we are the ones that have ad- plums to some of the richest, the There is one common element be- vanced this legislation saying that we wealthiest families in this country, at tween all of the Members who spoke— ought to do something about health a time when we have a deficit problem, myself, my friend, the Senator from care. at a time when we are telling children Kentucky, and the Senator from West We finally passed the Kennedy-Kasse- that we cannot afford them on the Virginia. There is one common element baum health care bill that says you Head Start rolls, at a time when they that binds us all together tonight; that can take your insurance with you when are saying that it ought not be an enti- is, none of us know the facts. We are you move from job to job so you are no tlement that a child be eligible for going to. But we do not know because longer held prisoner in a job because Medicaid, at a time we are saying that there is an independent investigator you are going to lose your insurance. It it ought not be an entitlement for a trying to understand what those facts says you are not going to be able to be poor kid to get a hot meal in the mid- are. If ignorance is bliss, this place denied insurance because of preexisting dle of the day at school because we must be ecstatic on this issue. None of conditions. It is the right thing to do. cannot afford it. But we can afford to us understand the facts. Get the facts, But do you know what? That is being give a family that has $10 million a get them quickly, understand them, di- held hostage because we have people year in income a big tax cut? gest them, and then take appropriate saying we are not going to let you pass That is the agenda that they do not action. that bill that millions of American want discussed. Instead, what they But that is not what this was about. families need unless you agree with us want to do is talk about extraneous is- This was about something much dif- on these things called medical savings sues, nongermane amendments offered ferent from that. We have for a number accounts, and if you do not agree with to this bill and that bill in order to of months here in the U.S. Senate seen us, as far as we are concerned, they take us over into this political corner an agenda in the Senate that wants to say, we are going to hold that bill hos- or that political corner. stay away from things that really af- tage. I have been trying to offer an amend- fect families and their circumstances So they would deny the opportunity ment for some long while that I would as they try to work every day, do their to get a minimum adjustment on the have hoped one of these days I could business, and take care of their needs. minimum wage at the bottom of the get passed. It defies imagination that That is not what the agenda has been economic ladder, deny the opportunity we actually say to companies in this on the floor of the Senate by the ma- of families to have the kind of health country, shut your doors, close your jority party. One aspect of being in the coverage and protection that will be al- company, fire your workers, and move majority is that you control the agen- lowed them under the Kassebaum-Ken- overseas and hire a bunch of foreign da on the floor of the Senate. You de- nedy bill. What they say is, Well, we workers and ship your goods back to cide what comes up and when it comes want tax cuts. So we say to them, All America. Guess what? If you do that, up. The fact is the majority party did right, you want tax cuts. We think we we will give you a tax break. not want the minimum wage to come ought to reduce the deficit first. Let us Yes, that is right. That is what our to the floor of the Senate. reduce the deficit first and then let us Tax Code says. Move your plant over- Some of us suggested the last time talk about tax cuts. They say no, they seas. Get rid of your American work- there was an adjustment in the mini- cannot do that. We want tax cuts. We ers. Hire foreign workers. Make the mum wage was in 1989. Those who work want to cut Medicare to give you tax same product and ship it back, and we at the bottom rung of the minimum cuts. We said, Well, look, is there any will pay you to do it—$2.2 billion in 7 wage economic ladder, 40 percent of common ground at all? How about years. We will pay you to do it. But whom are the sole breadwinners of agreeing with us on this? How about you think we can get that amendment, their family out working hard trying agreeing with us that you will limit the amendment that shuts down that to make ends meet, those people have the tax cuts to those families earning insidious tax break, that actually pays not had an adjustment in 6 years. Some $100,000 a year or less? They said no, we companies to move jobs overseas, do said maybe it is time for at least a will not agree to that at all. you think we can get that back in this modest adjustment on the bottom. We We had a vote, a partisan line vote. Chamber to get rid of that tax break? have folks on the top getting adjust- We lost. We say, Well, what about at No, because that is not part of the ments worth millions. They downsize, least agreeing with us that you limit agenda. You see, that tax break inures fire 20,000 people and get a $4 million the tax cuts to those families making to the largest multinational companies S6846 CONGRESSIONAL RECORD — SENATE June 25, 1996 that no longer say the Pledge of Alle- about their lot in life, worry about started a program. I remember Presi- giance, that are international corpora- these things. dent Eisenhower used to call it ‘‘the tions, and whatever they want—if they So, Mr. President, I started by sug- Kiddy Corps,’’ and I was still in Japan have a headache, we want to treat gesting there should be sandwiches and at the time. It was actually the Peace them. If they have a shoulder ache, we coffee following the other four speech- Corps they were talking about start- want to give them an aspirin. That is es. I suppose some would suggest that ing, and I was in Japan when President the attitude of the majority party. they could now be served as well. It Kennedy was elected. He was my first Let me conclude by saying there will was my intention, however, to have vote. I came back in time to vote for not be any wallflowers in this Senate, talked about the things that I think we him and not for Nixon, but that did not in my judgment, on the issue of pro- should be addressing in the Chamber of make me a Democrat. It was just that tecting the confidentiality of the the Senate. Kennedy was obviously going to be a American people with respect to any Everyone has a right to offer an better President than Nixon. files, FBI files or any files. If someone amendment even if it is nongermane. I did not care that much about poli- is determined to have broken the law, Everyone has a right. The Senator who tics. Then I got into the Peace Corps, to have violated procedures, to have in offered this amendment early this and I saw what was going on in the rest any other way abused the privileges of evening is a good friend of mine. I like of the world. And then I joined a pro- the information contained in those him a lot. He has the right to do that. gram which really was started by the files, then they ought to be fired and But another Senator stood up a little Democrats also, in this case, President fired instantly. later and complained about those who Johnson, along with Bobby Kennedy, I will say this about President Clin- offered nongermane amendments; you that now is called VISTA. ton. Some might say they like him, cannot do that. As the Senator from Kentucky some do not like him. It seems to me I do not understand this. They offer knows, I went to West Virginia in 1964, that this President has done exactly nongermane amendments, and then and I was a registered Republican. what he was required to do when this they stand up and complain about peo- Now, I had been voting Democratic, latest issue developed, and that is to ple who offer nongermane amend- but politics did not mean that much to have his Attorney General imme- ments? Walk around with a mirror, for me. What West Virginia taught me and diately investigate, and she decided she gosh sakes. Either we are going to fin- what the people of West Virginia wanted the independent counsel to do ish this bill and stop this political non- taught me was that getting things that investigation. Wherever that in- sense, or we are not. If we have people done for people that have a variety of vestigation leads, this President will, who want to just play political games types of problems, much like the Sen- in my judgment—I am confident he on this bill, then this bill is never ator from North Dakota was talking will—take immediate action to resolve going to get done. My preference would about, was what really interested me. I it. be we decide let us advance down the really cared about that. Not only that, but this administra- road, do the amendments, get rid of I did not know I had really cared tion has taken action now with respect this bill, deal with the bill appro- about that. I was in my midtwenties, to the files that are used for back- priately. but that was something that really ground checks, has taken steps that This is a very large piece of legisla- grabbed me, and all of a sudden being are unprecedented, that have never tion with very important issues in- able to speak Chinese or talk about been taken before in this country to volved in it, but it is not going to help Japanese history or whatever did not safeguard that information. But there this Senate to do what we just saw hap- seem quite as important to me. So I is not disagreement between any of us pen about 2 hours ago. It essentially made a decision to get into politics. At and any others in this Chamber about shut down the process. There will be no that point, I had been, in effect, a Dem- whether this ought to be investigated. further work tonight, and that puts us ocrat for 6 years. Of course, it should, and it is. behind rather than ahead. I hope that It is very interesting, this whole day There is not disagreement, I hope, this is not the way we will begin a new and particularly this last couple of about the fact that none of us know set of leadership and begin dealing with hours helps me understand again and what has happened, including the the issues that all of us know this Sen- again and again and again why it was I President at this point. When this in- ate has a responsibility to deal with in became a Democrat, because the com- vestigation tells us what has happened, the weeks and months ahead. plaint that you constantly hear about then I would expect the President to be Mr. President, I yield the floor. Republicans and about us in Congress the first to take action, appropriate ac- Mr. ROCKEFELLER addressed the in general, but the Republicans run the tion and decisive action, so the Amer- Chair. Congress—they run the House. They ican people can have confidence in this The PRESIDING OFFICER. The Sen- run the Senate. We just had an election process. ator from West Virginia. of the new majority leader. He has a I finally say this. I hope that as we Mr. ROCKEFELLER. Mr. President, new team, all in power, all set to go. meander through this process this year a long time ago, I was a Republican, And the question that is always raised in the Senate and talk about the agen- and I was brought up in a Republican is: Why don’t they ever talk about da we want to pursue, the agenda is one family. It was not the kind of Repub- things which affect average people’s that finally begins to address some of lican family which is very much re- lives? the things we are concerned about, and spected these days because it was re- I think that is a pretty fair question, those things are the things that fami- ferred to as ‘‘Rockefeller Republican- because they do not. It is the fact that lies talk about at night when they sit ism,’’ and that is about the worst thing the Senator from New Hampshire got down for supper and talk about their you can say about a Republican be- up and started rambling on about lot in life. How is it going? How is the cause this primarily came from my something he did not know anything job? Did you get downsized? Are you Uncle Nelson, who liked to get things about, or when he withdrew the amend- age 50 and just lost your job, have no done for the people of New York State ment the Senator from Pennsylvania, more health care? You expected your and also for the country. He was also who represents people who have all retirement to be there, but somebody Vice President. He was very active. He kinds of problems in Allegheny County, took it. How about Junior? Junior is was constantly worried about housing, PA, and the counties around there, and getting out of college. Will Junior have and he wanted to get things done. the steel towns and coal towns—used a job? And how about the daughter-in- I grew up, and I was not very politi- to be coal towns and steel towns—lots law who is working on minimum wage cal, was not very interested in politics. of unemployment, lots and lots of prob- and has been there 4 years and has not I was interested mostly in Japanese lems, that he went on for a long period had a change in the minimum wage? language and Chinese history and all of time after the amendment had been Those are some of the issues we kinds of things which were not very withdrawn. And, as the Senator from ought to deal with, appropriate issues, germane to politics. But I got into poli- North Dakota said, it shut down the issues that respond to the needs of fam- tics the way people really should get Senate. We were on an authorization ilies who, when they sit down and talk into politics, and that is because they bill. We had the Senator from South June 25, 1996 CONGRESSIONAL RECORD — SENATE S6847 Carolina who certainly, shall we say, cause they control that. They control changed that and made it possible for has some experience around here and the floor. It will pass. It will happen. them to do it in a bill which passed has put in some time around here. I as- And then we are going to see the re- this body 100 to nothing. Now we can- sume he wants to get that done. It is sults. not get it passed. We cannot get it called defense authorization, one of the But we have done nothing, and we taken up. We cannot get it passed: most important bills that we have. have been talking about it for months, MSA’s. Now that is dead and gone. about the Kassebaum-Kennedy bill. I do not understand that. And I re- Yesterday, I gave a speech about The Senator from Kansas, with all of gret that. I regret that we have a things we have to take up in this Con- the things she has done for her people chance to lift people out of poverty gress, that we have to solve, that peo- and this country over all of these through something called welfare re- ple expect us to solve. We are the only years, I would think there would be form and we do not seem to be able to people who can solve it. It cannot be some on the other side who would real- get to it. I resent that we have a done by Executive order. It cannot be ly want to make certain that, when she chance to lift people out of poverty by done by the States. It can only be done left, she had her name on the only increasing the minimum wage—which by us. I do not know exactly how many piece of health care legislation that is no shocking deal. It was not in 1991, legislative days we have left, but it passed in the first 4 years of the Clin- when George Bush passed it and signed cannot be very many, 35, 40, 45 days? If ton Presidency. But I am now begin- it. Business people were not screaming this is the way we are going to spend ning to be convinced that the majority and yelling, or if they were they our time, then I can understand why party does not want to see that happen. stopped pretty quickly because nothing the American people say those people I really do not understand that. That is much happened except people began to up there do not get anything done. But, very hurtful to the people I represent, get some more money. Now, actually, even more, it helps me understand why many of whom are Republicans, many we are offering a smaller amount of it is that I am a Democrat, because of whom are Democrats. Why do they money increase. It is exactly the same Democrats keep worrying and coa- not want to do that? that he offered, $4.25 to $5.15 in 2 lescing and forming coalitions and It is because of a single insurance years—wow, that is really throwing meeting about how they were to get company that had a tremendous money around—but of course that is things done for average working fami- amount of influence on a previous worth much less today, what we are of- lies. Member, so it was laid out there, and fering, than the same amount of Raising the minimum wage is one of the House Republican leadership is change back in 1991. them. What is the minimum wage very strongly attached to that concept, People criticize us because we are not worth today? About $3.10 in purchasing and it is called MSA’s, medical savings getting things done. I want to say, power, compared to 20 years ago. That accounts. It is very, very effective for some of us are trying. Some of us are would affect, I say to the Senator from savings and for all kinds of things for really trying. We care about what hap- Kentucky, one out of every four work- people who are rich and healthy, and pens in the Persian Gulf. We care what ers in West Virginia, working people in does absolutely no good to people who happens in health care. We care what West Virginia—not people on welfare, are average working families and are happens with average working families. people who work every day who could not wealthy, and are not necessarily We care what happens with pension se- go on welfare and who, in many cases, healthy. curity. We care what happens with job would do better to go on welfare in Why can we not pass the Kassebaum- instability. We care what happens with terms of their own financial self-inter- Kennedy bill? It passed the Senate 100 minimum wage. We care what happens est because they would get health care, to nothing. Why can we not pass that? with welfare reform. We care what hap- they would get lower rent, they would Nothing takes place around here. That pens with neglected and abused chil- get food stamps. But no, they are inter- is why the American people say, about dren. We care about what happens with ested in something called pride. Wel- the majority party, why do they not a whole lot of things which people pay fare is down in West Virginia; work is ever talk about things which relate to us a very good salary to come up here up in West Virginia, as it is in a lot of my life? And they do not. We get, in- and do something about—and we are the country. stead, diatribes on political things. not doing it. I think the principal rea- We should be doing something about People fire up from the other side—and son we are not doing it is because the raising that minimum wage to encour- we do from our side, presumably, from proclivity of the majority party, there age people to stay off welfare and to time to time—but they fire up. For is some kind of a gene or something, or continue working. Some of us spent a anything that is remotely political computer chip stuck into that major- lot of time fighting for something they are on their feet and ready to go. ity party, that causes them to always called the earned-income tax credit. I I am so sick of telling the story of how aim, go cutthroat for politics. The would say to the Presiding Officer, if many hearings we have had on Medi- meanest politics I have heard in the 12 the earned-income tax credit was com- care and Medicaid as opposed to years I have been up here, frankly, bined with the minimum wage, in- Whitewater, I will not even do it. have come from the other side. creased as we did it for George Bush in We are not discussing the things that Am I out of place with what I said? I 1991, with bipartisan support—I do not affect the American people and there have no idea. It is what I believe. I know what is so different about are some of us here who desperately know I am a Democrat, but I do not today—then the great majority of want to do that because we come from really care about that so much because American families would move out of States where that kind of discussion, I know why I am here in the Senate. I poverty. That may not be of interest to and the action that comes from it, is am here to help average people, people the majority party but that is of enor- needed. I represent and the people we all rep- mous interest to me and makes me The Senator from Kentucky rep- resent. Nobody has to represent mil- very proud about being a Democrat, resents three States: western Ken- lionaires, they represent themselves. and very concerned about doing some- tucky, central Kentucky, and eastern Our duty is to help people who need thing about these problems. The poli- Kentucky. And eastern Kentucky is wise public policy. That is our job, and tics part is not important but the inac- just exactly like my southern West we are not doing it. It is sad, and it is tivity part is important, the fact that Virginia, and they need a lot of help. shameful. nothing is getting done here, week They have a whole lot of people in east- Mr. FORD. Mr. President, I suggest after week after week after week after ern Kentucky who do not have any in- the absence of a quorum. week. surance, cannot possibly afford it be- The PRESIDING OFFICER. The Tomorrow or the next day in the Fi- cause they have something called a clerk will call the roll. nance Committee, on which I serve, preexisting condition, or they are laid The assistant legislative clerk pro- they are going to take up Medicaid and off from one job and they would like to ceeded to call the roll. make it into a block grant. The major- be able to carry their insurance to an- Mr. GRAMS. Mr. President, I ask ity party is going to pass that. It will other job. But they cannot do it now. unanimous consent that the order for pass the Senate Finance Committee be- Except that NANCY KASSEBAUM the quorum call be rescinded. S6848 CONGRESSIONAL RECORD — SENATE June 25, 1996 The PRESIDING OFFICER. Without nounced that the House agrees to the POM–627. A resolution adopted by the Leg- objection, it is so ordered. resolution (H. Res. 459) expressing pro- islature of the State of Colorado; to the Committee on Armed Services. f found sorrow of the death of the Honor- able Bill Emerson, a Representative SENATE MEMORIAL 96–1 CLOTURE MOTION from the State of Missouri. ‘‘Whereas, For more than 40 years, the fed- Mr. GRAMS. Mr. President, I send a The message also announced that the eral government developed, produced, and cloture motion to the desk. House has passed the following bill, tested nuclear weapons in a number of gov- ernment-owned facilities throughout the The PRESIDING OFFICER. The clo- without amendment: country, including Rocky Flats in Colorado; ture motion having been presented S. 1903. An act to designate the bridge, es- and under rule XXII, the Chair directs the timated to be completed in the year 2000, ‘‘Whereas, Contamination from these fa- clerk to read the motion. that replaces the bridge on Missouri highway cilities has contributed to environmental The assistant legislative clerk read 74 spanning from East Cape Girardeau, Illi- damage at the sites, including radiological as follows: nois, to Cape Girardeau, Missouri, as the had hazardous surface and subsurface soil ‘‘Bill Emerson Memorial Bridge,’’ and for and groundwater contamination at Rocky CLOTURE MOTION other purposes. Flats; and We, the undersigned Senators, in accord- f ‘‘Whereas, As a result of the end of the ance with the provisions of rule XXII of the Cold War, the federal government has shifted Standing Rules of the Senate, do hereby MEASURES REFERRED its focus to environmental restoration and move to bring to a close debate on Calendar The following bill, previously re- waste cleanup at the facilities; and No. 433, S. 1745, the Department of Defense ceived by the House of Representatives ‘‘Whereas, The Department of Energy has authorization bill: committed to clean up the nuclear weapons Trent Lott, Don Nickles, Dirk for the concurrence of the Senate, was complex; and Kempthorne, Rod Grams, Jim Jeffords, read the first and second times by ‘‘Whereas, If the nuclear weapons complex Craig Thomas, Kay Bailey Hutchison, unanimous consent and referred as in- is not cleaned up in accordance with known Christopher S. Bond, John Ashcroft, dicated: health standards, citizens in Colorado and Conrad Burns, Judd Gregg, Larry Pres- H.R. 3415. An act to amend the Internal across America will be affected directly or sler, Orrin G. Hatch, Mitch McConnell, Revenue Code of 1986 to repeal the 4.3-cent indirectly by the dangers that will continue Hank Brown, Sheila Frahm. increase in the transportation motor fuels to exist; and Mr. GRAMS. Mr. President, for the excise tax rates enacted by the Omnibus ‘‘Whereas, the cost of cleaning up the information of all Senators, this sec- Budget Reconciliation Act of 1993 and dedi- Rocky Flats site is estimated to be $9 billion or more; and ond cloture vote, if necessary, will cated to the general fund of the Treasury; to the Committee on Finance. ‘‘Whereas, To reach total cleanup, an in- occur on Thursday, June 27, 1996, and crease in funding over the next five years is f also Senators should be reminded that needed but no commitment to this funding all first-degree amendments to the MEASURES PLACED ON THE has yet been made by the federal govern- DOD authorization bill must be filed by CALENDAR ment; and 1 p.m. on Wednesday, June 26, in order ‘‘Whereas, Commitment by the federal gov- The following measure was placed on to qualify under the provisions of rule ernment to the full funding of the necessary the calendar: XXII. costs associated with these cleanup activi- S. 1219. A bill to reform the financing of ties may be sacrificed as a result of current f Federal elections, and for other purposes. budget discussions by Congress; now, there- f fore, be it MORNING BUSINESS ‘‘Resolved by the Senate of the Sixtieth Gen- Mr. GRAMS. Mr. President, I ask ENROLLED BILLS PRESENTED eral Assembly of the State of Colorado, the unanimous consent that there now be a House of Representatives concurring herein, The Secretary of Senate reported That we, the members of the Colorado Gen- period for the transaction of morning that on June 25, 1996, he had presented business, with Senators permitted to eral Assembly, urge the federal government to the President of the United States, to recognize that cleanup of Rocky Flats and speak up to 5 minutes each. the following enrolled bills: other weapons facilities is a related expendi- The PRESIDING OFFICER. Without S. 1136. An act to control and prevent com- ture to the $4 trillion spent for the Cold war; objection, it is so ordered. mercial counterfeiting, and for other pur- be it further f poses. ‘‘Resolved, That we urge the federal govern- S. 1579. An act to streamline and improve ment to: MESSAGES FROM THE HOUSE the effectiveness of chapter 75 of title 31, ‘‘(1) Make a sustained commitment to RECEIVED DURING ADJOURNMENT United States Code (commonly referred to as completing environmental cleanup at Rocky Flats and its other facilities at a reasonable ENROLLED BILLS SIGNED the ‘‘Single Audit Act’’). and justifiable pace that protects human f Under the authority of the order of health and the environment; the Senate of January 4, 1995, the Sec- EXECUTIVE AND OTHER ‘‘(2) Strive not only to comply with envi- retary of the Senate, on June 25, 1996, COMMUNICATIONS ronmental laws, but also to be a leader in during the recess of the Senate, re- the field of environmental cleanup, including ceived a message from the House of The following communications were addressing public health concerns, ecological Representatives announcing that the laid before the Senate, together with restoration, and waste management; and accompanying papers, reports, and doc- ‘‘(3) Consult with officials in Jefferson Speaker has signed the following en- county, Colorado, and other affected county rolled bills: uments, which were referred as indi- cated: governments regarding transportation of H.R. 2803. An act to amend the anti-car cleanup materials; and be it further theft provisions of title 49, United States EC–3133. A communication from the Sec- ‘‘Resolved, That we urge Congress and the Code, to increase the utility of motor vehicle retary of Transportation, transmitting, pur- President of the United States to approve title information to State and Federal law suant to law, an annual report concerning full funding of all necessary cleanup activi- enforcement officials, and for other pur- maritime terrorism for calendar year 1995; to ties at Rocky Flats and other nuclear weap- poses. the Committee on Foreign Relations. ons facilities.’’ S. 1579. An act to streamline and improve EC–3134. A communication from the Acting the effectiveness of chapter 75 of title 31, Assistant Secretary of Legislative Affairs, POM–628. A resolution adopted by the Mu- United States Code (commonly referred to as Department of State, transmitting, pursuant nicipal Assembly of Trujillo Alto, Puerto the ‘‘Single Audit Act’’). to law, the report of a final rule concerning Rico relative to Cabotage; to the Committee an amendment to the list of proscribed des- The enrolled bills were signed subse- on Energy and Natural Resources. tinations, received on June 13, 1996; to the POM–629. A resolution adopted by the Leg- quently by the President pro tempore Committee on Foreign Relations. islature of the State of Alaska; to the Com- [Mr. THURMOND]. f mittee on Energy and Natural Resources. f PETITIONS AND MEMORIALS ‘‘LEGISLATIVE RESOLVE NO. 46 MESSAGE FROM THE HOUSE ‘‘Whereas Alaska has at least 26 trillion The following petitions and memori- cubic feet of natural gas reserves in the At 7:10 pm., a message from the als were laid before the Senate and Prudhoe Bay field and perhaps two to three House of Representatives, delivered by were referred or ordered to lie on the times that amount of potential natural gas Ms. Goetz, one of its reading clerks, an- table as indicated: reserves; and June 25, 1996 CONGRESSIONAL RECORD — SENATE S6849 ‘‘Whereas, beginning in the period 2002– pand its transportation system. Of the states States, the President of the Senate and the 2005, there may be an increasing gap between required to send money to the federal gov- Speaker of the House of Representatives of supply and demand for natural gas in the Pa- ernment, in accordance with the federal the Congress of the United States, and to cific Rim; and funding formula, Michigan sends signifi- each member of Colorado’s Congressional ‘‘Whereas market and economic studies in- cantly more money to Washington than it delegation.’’ dicate favorable conditions for the sale of receives back. In 1993, for example, Michigan f liquefied natural gas (LNG) to these Pacific paid a total of $733.7 million to the Federal Rim markets; and Highway Trust Fund, and only $520.1 million ‘‘Whereas major permits for a pipeline was returned; and REPORTS OF COMMITTEES route from the North Slope to Valdez have ‘‘Whereas, In addition, even more money The following reports of committees been completed; and designated for return to Michigan, and sev- were submitted: eral other states, is being withheld by fed- * * * * * By Mr. HATFIELD, from the Committee eral transportation authorities. This money ‘‘and be it further on Appropriations: is critical to our transportation infrastruc- ‘‘Resolved, That the State of Alaska re- Special Report entitled ‘‘Revised Alloca- ture and a vital component of the state’s spectfully requests the President of the Unit- tion to Subcommittees of Budget Totals economic well-being. ed States to demonstrate national support from the Concurrent Resolution for Fiscal for an ANS gas transmission project to Asian ‘‘Whereas, The current budget debate of- fers an opportunity to reexamine this criti- Year 1996’’ (Rept. No. 104–289). LNG buyers; and be it further By Mr. CHAFEE, from the Committee on ‘‘Resolved, That the Governor is respect- cal aspect of public spending. This examina- tion should include immediately correcting Environment and Public Works, without fully requested to amendment: ‘‘(1) assure the Asian LNG buyers that the the gross inequities in allocating the funds generated by the federal gas tax; now, there- S. 1802. A bill to direct the Secretary of the state will provide continuity and stability in Interior to convey certain property contain- regards to North Slope natural gas supply, fore, be it ‘‘Resolved, by the Senate (the House of Rep- ing a fish and wildlife facility to the State of tax structure, and regulatory policy; Wyoming, and for other purposes (Rept. No. ‘‘(2) continue support of the Joint Pipeline resentatives concurring), That we respect- fully, but urgently, ask the Congress of the 104–290). Office, which administers an innovative, effi- By Mr. CHAFEE, from the Committee on cient, and cost-effective permitting system; United States to release to the states, in- cluding Michigan, any federal road funding Environment and Public Works, with an ‘‘(3) encourage the private developers of amendment in the nature of a substitute: the gas pipeline and the state’s labor forces due under the gas tax formula but currently being held back by the federal government; S. 1871. A bill to expand the to develop an Alaska hire agreement for the Pettaquamscutt Cove National Wildlife Ref- ANS gas transmission project; and and be it further ‘‘Resolved, That copies of this resolution be uge, and for other purposes (Rept. No. 104– ‘‘(4) meet with all parties to determine how 291). the state can help facilitate the ANS gas transmitted to the President of the United States Senate, the Speaker, of the United By Mr. CHAFEE, from the Committee on transmission pipeline; and be it further Environment and Public Works, without ‘‘Resolved, That the President of the Sen- States House of Representatives, and to each amendment: ate and the Speaker of the House of Rep- member of the Michigan congressional dele- H.R. 1772. A bill to authorize the Secretary resentatives, Alaska State Legislature, ap- gation with the request that each member of the Interior to acquire certain interests in point an interim working group to track review this issue, offering a formal response the Waihee Marsh for inclusion in the Oahu progress and assist the transportation per- to this body, the Michigan State Senate.’’ National Wildlife Refuge Complex. mit holder, the working interest owners of POM–631. A joint resolution adopted by the H.R. 2660. A bill to increase the amount au- the Prudhoe Bay and Point Thompson units, Legislature of the State of Colorado; to the thorized to be appropriated to the Depart- and the administration in developing a uni- Committee on Finance. ment of the Interior for the Tensas River Na- fied proposal for presentation to the Asian tional Wildlife Refuge. market; the legislative interim working ‘‘SENATE JOINT RESOLUTION 96–11 H.R. 2679. A bill to revise the boundary of group shall report on the status of the ‘‘Whereas, Encouraging the private provi- the North Platte National Wildlife Refuge. project and any proposed legislative actions sion of health care coverage is a laudable and H.R. 2982. A bill to direct the Secretary of to the Resources Committees of the Alaska legitimate governmental objective; and the Interior to convey the Carbon Hill Na- House of Representatives and Alaska Senate ‘‘Whereas, The provision of health care in- tional Fish Hatchery to the State of Ala- by February 1, 1997; and be it further surance or other health care coverage assists bama. ‘‘Resolved, That the Alaska State Legisla- in mitigating the impacts of providing un- By Mr. BOND, from the Committee on ture strongly supports the construction of an compensated health care on the health care Small Business, with an amendment in the ANS gas transmission pipeline and offers its system; and nature of a substitute: assistance to the parties involved in order to ‘‘Whereas, Tax benefits associated with the S. 1784. A bill to amend the Small Business speed completion of an ANS gas trans- payment of health care insurance premiums Investment Act of 1958, and for other pur- mission project.’’ and the costs of funding other methods of covering health care costs should be fair and poses. POM–630. A concurrent resolution adopted equitable regardless of the method used; and f by the Legislature of the State of Michigan; ‘‘Whereas, Individuals and employees to the Committee on Environment and Pub- should be encouraged and have the freedom INTRODUCTION OF BILLS AND lic Works. to choose the method by which they provide JOINT RESOLUTIONS for the expenses of the health care they re- ‘‘SENATE CONCURRENT RESOLUTION NO. 266. ceive; now, therefore, be it The following bills and joint resolu- ‘‘A concurrent resolution to make an ur- ‘‘Resolved by the Senate of the Sixtieth Gen- tions were introduced, read the first gent request to the Congress of the United eral Assembly of the State of Colorado, the and second time by unanimous con- States to release to the states, including House of Representatives concurring herein: sent, and referred as indicated: Michigan, all federal road funding due under That we, the members of the Colorado Gen- the gas tax formula. eral Assembly, are desirous of federal legis- By Mr. HEFLIN: ‘‘Whereas, The quality of Michigan road- lation that affords equal tax treatment for S. 1902. A bill to provide for the establish- ways has a great deal to do with the state’s the costs of health care insurance purchased ment of National Senior Citizen Hall of competitiveness in attracting and retaining by employers, by employees and individuals Fame Commission, and for other purposes; to jobs for our citizens. Every individual and who are self-employed, and by individuals the Committee on Governmental Affairs. every business in Michigan is affected when who are not self-employed; be it further By Mr. BOND (for himself, Mr. Michigan roads suffer from insufficient ‘‘Resolved, That we support federal legisla- ASHCROFT, Mr. LOTT, Mr. DASCHLE, maintenance. Finding the means to meet tion that affords equal tax treatment for the Mr. INHOFE, Mr. JEFFORDS, Mr. this financial challenge is of the utmost im- management of health care costs through SMITH, Mr. AKAKA, Mr. CRAIG, Mr. portance to both state and local policy- the use of medical savings accounts; be it COATS, Mr. DEWINE, Mr. DORGAN, Mr. makers as we prepare for the twenty-first further THOMAS, Mr. GREGG, Mr. SIMON, Ms. century; and ‘‘Resolved, That we call for the United MIKULSKI, Mr. BROWN, Ms. SNOWE, ‘‘Whereas, The difficult task of providing States Congress to establish a plan for tax Mr. KYL, Mr. CAMPBELL, Mr. MACK, excellence in transportation in Michigan is equity in the treatment of contributions, ex- Mr. GRAMM, Mr. THURMOND, and Mr. made far worse by some of the current prac- penses and costs associated with employer- ROBB): tices of the federal government with regard based health care insurance, individually- S. 1903. A bill to designate the bridge, esti- to the allocation of money raised by the fed- paid health care insurance, health care not mated to be completed in the year 2000, that eral gas tax; and covered by Medicare, and the use of individ- replaces the bridge on Missouri highway 74 ‘‘Whereas, The current practices of the fed- ual medical savings accounts; and be it fur- spanning from East Girardeau, Illinois, to eral government with regards to the alloca- ther Cape Girardeau, Missouri, as the ‘‘Bill Emer- tion of dollars raised by the federal tax made ‘‘Resolved, That copies of this Resolution son Memorial Bridge’’, and for other pur- it difficult for Michigan to improve and ex- be sent to the President of the United poses; considered and passed. S6850 CONGRESSIONAL RECORD — SENATE June 25, 1996 By Mr. COATS: By establishing a Senior Citizens The Project for American Renewal is S. 1904. A bill to implement the Project for Hall of Fame, we will have in place an my attempt at addressing those ques- American Renewal, and for other purposes; organization that will recognize the tions, to strengthen families, to en- to the Committee on Finance. By Mr. KOHL: contributions made by older American courage communities and to utilize S. 1905. A bill to establish an independent citizens to our Nation. I am delighted mediating institutions of volunteer as- commission to recommend reforms in the that the Alabama Senior Citizens Hall sociations, of charities, particularly of laws relating to elections for Federal Office; of Fame Commission, which has con- faith-based charities, to address some to the Committee on Rules and Administra- tributed greatly to the well being of of these most pressing problems. Utili- tion. thousands of Alabamians, will serve as zation of these institutions, other than By Mr. AKAKA (for himself and Mr. a model for this national entity. In ad- Government institutions, means that INOUYE): S. 1906. A bill to include certain territory dition, the Alabama Hall of Fame Com- we can bring to bear not just efforts to within the jurisdiction of the State of Ha- mission has improved the quality of meet the material needs of individuals, waii, and for other purposes; to the Commit- life of those in need, and many have but also the spiritual needs of individ- tee on Energy and Natural Resources. served in the Retired Senior Volunteer uals. We can bring to bear values that f Program. are important in addressing some of Finally, a National Senior Citizens these more fundamental problems. STATEMENTS ON INTRODUCED Hall of Fame will also honor patriotic The Project for American Renewal BILLS AND JOINT RESOLUTIONS Americans for their spirit of loyalty consists of 16 separate pieces of legisla- By Mr. HEFLIN: and selfless labor in serving the needs tion designed to strengthen families, to S. 1902. A bill to provide for the es- of the people of our Nation. provide mentors where fathers are not tablishment of National Senior Citizen I urge the entire Congress to join me present, to strengthen communities, Hall of Fame Commission, and for in the adoption of this important legis- rebuild communities across America, other purposes; to the Committee on lation. and to provide effective compassion. Governmental Affairs. The centerpiece of this is the charity THE NATIONAL SENIOR CITIZENS HALL OF FAME By Mr. COATS: tax credit, which will allow a joint-fil- ACT OF 1996 S. 1904. A bill to implement that ing couple to contribute up to $1,000 a Mr. HEFLIN. Mr. President, I rise to Project for American Renewal, and for year as an offset against their taxes. introduce a bill which will provide for other purposes; to the Committee on Today I joined with Congressman the establishment of a National Senior Finance. KASICH in announcing how we would Citizens Hall of Fame Commission. THE PROJECT FOR AMERICAN RENEWAL ACT pay for this charity tax credit, esti- This concept grew out of an idea by Dr. Mr. COATS. Mr. President, earlier mated at $44.8 billion over a 5-year pe- Ruben Hanan, who chairs the Alabama today I joined with my colleagues from riod of time. We propose that we will Senior Citizens Hall of Fame Commis- the House, the chairman of the Budget ask the Ways and Means and the Fi- sion, and Dr. Earl Potts. Committee, JOHN KASICH, in reintro- nance Committee to designate a third Each year, the Alabama Senior Citi- ducing a program that I have been of that amount in corporate loophole zens Hall of Fame Commission bestows working on for a long time. It is called closings, corporate welfare. honor upon living Alabamians in rec- the Project For American Renewal. We think if we are addressing some of ognition of their outstanding accom- It attempts to address the question the most fundamental problems in plishments, services, and contributions of how we can more effectively provide America, we ought to look for funding to the lives of older American citizens. assistance to people in need, people liv- sources to offset the revenue loss from The Alabama Senior Citizens Hall of ing in poverty, without resorting to subsidies given to special interests over Fame was created by the Alabama more of the same, which is simply fun- the years that do not serve as high a State legislature in 1933, and has been neling money into Washington, estab- national purpose. very successful in inducting worthy in- lishing a bureaucracy, and handing out We also think it is appropriate to dividuals into the organization. I am welfare checks to, in many cases, per- shift some resources from some of the delighted that Dr. Hanan and Dr. Potts petuate a lifestyle and a behavior that existing Federal social policy programs came up with the idea of establishing a is not desirable, not giving us the re- that have not proven effective. While National Senior Citizens Hall of Fame. sults we wanted. we do not specify directly what those The National Hall of Fame will provide A lot of well-intentioned programs offsets should be in the corporate wel- a forum to bestow honor and recogni- have been offered to deal with some of fare area, we do specify offsets of some tion upon deserving citizens for their the social problems that exist in our of the Federal programs that we do not outstanding accomplishments, services country: teen pregnancy, spousal think are as effective as they ought to and contributions to the lives of older abuse, juvenile delinquency, substance be. American citizens. abuse, and on and on it goes. Many of The goal here is to encourage mediat- Mr. President, the population of those, as I have said, have been well-in- ing institutions to play a greater role older Americans is projected to in- tentioned but have simply missed the in addressing some of our more fun- crease to 35 million by the year 2000. mark. They have not solved the prob- damental problems. They can bring This means that older Americans lem. And, in many cases, they have hope and a vision of hope that, in many would constitute 13 percent of the total made it worse. cases, Government is constrained to population. As the national population It seems that the alternative to that bring or is unable to bring. is projected to exceed 300 million by that has been discussed in the last year I am today reintroducing this legisla- the year 2000, the senior population or so is what was called devolution, a tion, with the hope that it will con- would drastically increase with the word that I hate. I do not know for sure tinue to be a topic of discussion among entry of the baby-boomers in the senior exactly what it means, but I think it our colleagues as to where we go next population. Therefore, by the year 2030, means washing our hands of the prob- with some of these great social de- the senior population will increase to lem, and let somebody else worry about bates. It is my hope that it can be a approximately 70 million. it. very important part of our party’s Mr. President, the older population is I do not believe either of those alter- platform, a very important part of the growing. If we look back over the last natives are acceptable alternatives. I discussion that will take place, as this few years, we will notice that in 1993, do not believe more of the same or is a Presidential election year and an the age group between 75 and 84 was none of the above are the alternatives election year that will elect or reelect 10,800,000. This was 14 times larger than we ought to be examining. I believe 435 Congressmen and 34 Senators. in 1900. Every day, more than 5,000 indi- there is a place for our encouragement It is then, finally, my hope that we viduals in the United States celebrate of hopeful solutions to some of the can seriously address this issue in the their 65th birthday. Their mature judg- problems that exist in our society as it next Congress, make it part of our ment, keen insight, historical perspec- affects our families and our children budget discussion, and examine ways in tive, perceptive vision, and gifted lead- and our neighborhoods and our commu- which we can more effectively provide ership are invaluable to our Nation. nities. assistance to those in need. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6851 These programs are directed to those Therefore, I am introducing today so, in Mr. McConnell’s words, ‘‘it would in poverty. The credit is available to the Campaign Finance Reform Com- be out of the political scene.’’ The time those programs either currently exist- mission Act of 1996. Let me be clear for Mr. McConnell’s idea has come. ing or which will be constituted as a from the outset: I would prefer to pass I am pleased to put Mr. McConnell’s result of this legislation that devote 75 a bill such as S. 1219. But after today’s idea into legislative form and urge my percent or more of their effort to either vote, we must be honest with ourselves colleagues to join me in this effort. preventing or alleviating poverty. and the American public—that is not This commission could give us the re- It is a solution that goes beyond Gov- going to happen. form we all demand. And, it would give ernment. It acknowledges the failure of The Campaign Finance Reform Com- the American public a restored faith Government, in many instances, to ad- mission is modeled on the successful that their democratic institutions have dress these problems. It does not offer Base Realignment and Closure Com- responded to their cry for change in the total solution, but it offers, I be- missions. The legislation would estab- our electoral system. lieve, a step in the right direction. I lish a balanced, bipartisan commission, Mr. President, I ask unanimous con- hope it will become an important part appointed by Senate leaders, House sent that the text of the bill be printed of the debate ahead. leaders and the President to propose in the RECORD. comprehensive campaign finance re- By Mr. KOHL: There being no objection, the bill was form. Like the BRAC Commissions, the S. 1905. A bill to establish an inde- ordered to be printed in the RECORD, as proposals of the Campaign Finance Re- follows: pendent commission to recommend re- form Commission would be subject to forms in the laws relating to elections congressional approval or disapproval, S. 1905 for Federal office; to the Committee on but no amendments would be per- Be it enacted by the Senate and House of Rep- Rules and Administration. mitted. The Commission would have a resentatives of the United States of America in THE CAMPAIGN FINANCE REFORM COMMISSION limited duration—1 year after its cre- Congress assembled, ACT OF 1996 ation. And Congress would have a lim- SECTION 1. SHORT TITLE. Mr. KOHL. Mr. President, I rise ited time to consider the Commission’s This Act may be cited as the ‘‘Campaign today to continue the debate on the proposals. Finance Reform Commission Act of 1996’’. issue which we have voted on today— Mr. President, there are many who SEC. 2. ESTABLISHMENT OF COMMISSION. campaign finance reform. Today the will object to this plan and argue that, (a) ESTABLISHMENT.—There is established a Senate voted on S. 1219, the Senate through the creation of a commission, commission to be known as the ‘‘Federal Campaign Finance Reform Act of 1996. the Congress is conceding that it can- Election Law Reform Commission’’ (referred While a majority of the Senate voiced not solve this problem on its own. To to in this Act as the ‘‘Commission’’). its support for this meaningful legisla- (b) MEMBERSHIP.— the contrary, the creation of a Cam- tion, sadly, we did not get the required (1) APPOINTMENTS.—The Commission shall paign Finance Reform Commission 60 votes to end the filibuster against be comprised of 8 qualified members, who would be a concrete sign to the Amer- the bill. shall be appointed not later than 30 days Mr. President, I supported and co- ican public that Congress is serious after the date of enactment of this Act as sponsored S. 1219 because I felt it was about reforming our election laws. We follows: have seen the success of the BRAC (A) APPOINTMENTS BY MAJORITY LEADER the best legislation moving through AND SPEAKER.—The Majority Leader of the the Congress to reform our campaign Commissions in removing political in- fluences from the decision-making Senate and the Speaker of the House of Rep- finance system. My Wisconsin col- resentatives shall jointly appoint to the process. This same formula could be league, Senator FEINGOLD and Senator Commission— JOHN MCCAIN deserve our gratitude and used for our campaign finance reform (i) 1 member who is a retired Federal judge praise for keeping this issue alive. It’s laws. as of the date on which the appointment is been nearly 20 years since Congress en- When Congress enacted the first made; acted meaningful campaign finance re- BRAC Commission law, it was argued (ii) 1 member who is a former Member of form, and they have come closer than that a non-partisan commission was re- Congress as of the date on which the ap- quired because the closure of military pointment is made; and anyone at passing a bipartisan plan. (iii) 1 member who is from the academic We are, however, at a crossroads in bases was so politically sensitive, Con- gress could not be expected to make community. this debate. America’s campaign fi- (B) APPOINTMENTS BY MINORITY LEADERS.— nance laws have not been significantly the tough choices of closing bases. The Minority Leader of the Senate and the altered since the 1970’s. Since that time Well, Mr. President, if closing military Minority Leader of the House of Representa- we have seen an explosion in the costs bases is considered tough, altering the tives shall jointly appoint to the Commis- of running campaigns and a growing campaign laws that literally determine sion— public perception that special interests whether Members could retain their (i) 1 member who is a retired Federal judge are far too influential in the electoral jobs must be just as politically sen- as of the date on which the appointment is made; and process. Despite these widely agreed- sitive, if not more so. Again, I wish to praise the efforts of (ii) 1 member who is a former Member of upon problems, Congress and the Presi- Congress as of the date on which the ap- Senators FEINGOLD, MCCAIN, and the dent seem incapable of enacting a cam- pointment is made. broad coalition of grassroots organiza- paign finance reform bill. (C) APPOINTMENT BY PRESIDENT.—The We have seen initiatives by Demo- tions which have kept the campaign fi- President shall appoint to the Commission 1 cratic and Republican Presidents, nance issue in front of the American member who is from the academic commu- Democratic and Republican Con- public and the Congress. We have come nity. gresses, even widely-hailed bipartisan so close to enacting real campaign fi- (D) APPOINTMENTS BY COMMISSION MEM- approaches all fail. One can only con- nance reform. The creation of a pure BERS.—The members appointed under sub- clude that this issue is so mired in par- bipartisan commission, modeled on the paragraphs (A), (B), and (C) shall jointly ap- Base Closure Commission, is final act point 2 members to the Commission, neither tisan politics, trapped in a quagmire of of whom shall have held any elected or ap- self-interest and special interest, that to achieve the reform we all desire. pointed public or political party office, in- Congress will not be able craft a com- Mr. President, like all common sense cluding any position with an election cam- prehensive reform bill. S. 1219 was the ideas, this one did not spring from a paign for Federal office, during the 15 years best legislation to be proposed in two text book but came from a simpler set- preceding the date on which the appointment decades, and yet we can not get 60 Sen- ting. A year ago President Clinton and is made. ators to support it, and the House of House Speaker Newt Gingrich held an (2) QUALIFICATIONS.— Representatives will not even guaran- historic conversation at a New Hamp- (A) IN GENERAL.—A person shall not be tee the House counterpart legislation shire meeting. The first question came qualified for an appointment under this sub- from a retiree, Mr. Frank McConnell section if that person, during the 10-year pe- will get an up-or-down vote. riod preceding the date on which the ap- Mr. President, after two decades it is Jr. Mr. McConnell had a simple, com- pointment is made— time to try a new approach—time for mon sense idea—form a commission (i) held a position under schedule C of sub- us to embrace a new method for ad- like the one that closed the military part C of part 213 of title 5 of the Code of dressing this vital issue. bases to reform our election system, Federal Regulations; S6852 CONGRESSIONAL RECORD — SENATE June 25, 1996

(ii) was an employee of the legislative (2) OTHER PERSONNEL.—(A) Subject to sub- (b) DEFINITIONS.—As used in this section, branch of the Federal Government, not in- paragraph (B), the executive director may, the term ‘‘Federal election bill’’ means only cluding any service as a Member of Congress; without regard to the civil service laws and a bill of either House of the Congress which or regulations, appoint and fix the pay of such is introduced as provided in subsection (c) to (iii) was required to register under the other additional personnel as may be nec- carry out the recommendations of the Com- Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 essary to enable the Commission to perform mission as set forth in the draft legislation et seq.) or derived a significant income from its duties. referred to in section 5. influencing, or attempting to influence, (B) The pay of any individual appointed (c) INTRODUCTION AND REFERRAL.—Not members or employees of the executive or under this paragraph shall be not more than later than 3 days after the Commission sub- legislative branches of the Federal Govern- the maximum annual rate of basic pay pay- mits its draft legislation under section 5, a ment. able for grade GS–15 of the General Schedule Federal election bill shall be introduced (by (B) PARTY AFFILIATIONS.—Not more than 3 under section 5332 of title 5, United States request) in the House of Representatives by members of the Commission shall be mem- Code. the Majority Leader of the House and shall bers of, or associated with, the same politi- (3) DETAIL OF FEDERAL EMPLOYEES.—Any be introduced (by request) in the Senate by cal party (as that term is defined in section Federal Government employee may be de- the Majority Leader of the Senate. Such bills 301(16) of the Federal Election Campaign Act tailed to the Commission without reimburse- shall be referred to the appropriate commit- of 1971 (2 U.S.C. 431(16)). ment, and such detail shall be without inter- tees. (3) CHAIRPERSON AND VICE CHAIRPERSON.— ruption or loss of civil service status or (d) AMENDMENTS PROHIBITED.—No amend- The members of the Commission shall des- privilege. ment to a Federal election bill shall be in ignate a chairperson and a vice chairperson (f) PROCUREMENT OF TEMPORARY AND INTER- order in either the House of Representatives from among the membership of the Commis- MITTENT SERVICES.—The Chairperson of the or the Senate; and no motion to suspend the sion. The chairperson shall be from a politi- Commission may procure temporary and application of this subsection shall be in cal party other than the political party of intermittent services under section 3109(b) of order in either House; nor shall it be in order the vice chairperson. title 5, United States Code, at rates for indi- in either House to entertain a request to sus- (4) FINANCIAL DISCLOSURE.—Not later than viduals which do not exceed the daily equiva- pend the application of this subsection by 60 days after appointment to the Commis- lent of the annual rate of basic pay pre- unanimous consent. sion, each member of the Commission shall scribed for level V of the Executive Schedule (e) PERIOD FOR COMMITTEE AND FLOOR CON- file with the Secretary of the Senate, the Of- under section 5316 of such title. SIDERATION.—(1) If the committee of either fice of the Clerk of the House of Representa- SEC. 3. DUTIES OF COMMISSION. House to which a Federal election bill has tives, and the Federal Election Commission been referred has not reported it at the close (a) IN GENERAL.—The Commission shall— a report containing the information con- (1) identify the appropriate goals and val- of the 30th day after its introduction, such tained in section 102 of title 5, United States ues for Federal campaign finance laws; committee shall be automatically discharged Code. (2) evaluate the extent to which the Fed- from further consideration of the bill and it (5) PERIOD OF APPOINTMENT; VACANCIES.— shall be placed on the appropriate calendar. Members of the Commission shall be ap- eral Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) has promoted or hindered the at- If prior to the passage by one House of a Fed- pointed for the life of the Commission. Any eral election bill of that House, that House vacancy in the Commission shall not affect tainment of the goals identified under para- graph (1); and receives the same Federal election bill from its powers, but shall be filled in the same the other House, then— manner as the original appointment. (3) make recommendations to the Congress for the achievement of those goals, taking (A) the procedure in that House shall be (6) TERMINATION OF COMMISSION.—The Com- the same as if no Federal election bill had mission shall terminate 1 year after the date into consideration the impact of the Federal Election Campaign Act of 1971. been received from the other House; but of enactment of this Act. (B) the vote on final passage shall be on (c) POWERS.— (b) CONSIDERATIONS.—In making rec- ommendations under subsection (a)(3), the the Federal election bill of the other House. (1) HEARINGS.—The Commission may hold (2) For purposes of paragraph (1), in com- Commission shall consider with respect to such hearings, sit and act at such times and puting a number of days in either House, Federal election campaigns— places, take such testimony, and receive there shall be excluded the days on which (1) whether campaign spending levels such evidence as the Commission considers that House is not in session because of an ad- should be limited, and, if so, to what extent; advisable to carry out the purposes of this journment of more than 3 days to a day cer- (2) the role of interest groups and whether Act. tain or an adjournment of the Congress sine that role should be limited or regulated; (2) INFORMATION FROM FEDERAL AGENCIES.— die. (3) the role of other funding sources, in- The Commission may secure directly from (f) FLOOR CONSIDERATION IN THE HOUSE.—(1) any Federal department or agency such in- cluding political parties, candidates, individ- A motion in the House of Representatives to formation as the Commission considers nec- uals from inside and outside the State in proceed to the consideration of a Federal essary to carry out this Act. Upon request of which the contribution is made; election bill shall be highly privileged except the Chairperson of the Commission, the head (4) public financing and benefits; and that a motion to proceed to consider may of such department or agency shall furnish (5) problems in existing campaign finance only be made on the second legislative day such information to the Commission. law, such as soft money, bundling, and inde- after the calendar day on which the Member pendent expenditures. (3) POSTAL SERVICES.—The Commission making the motion announces to the House (c) REPORT AND RECOMMENDATIONS.—Not may use the United States mails in the same his intention to do so. The motion to proceed later than 1 year after the date of enactment manner and under the same conditions as to consider is not debatable. An amendment of this Act, the Commission shall submit to other departments and agencies of the Fed- to the motion shall not be in order, nor shall the Congress— eral Government. it be in order to move to reconsider the vote (1) a report on the activities of the Com- (d) PAY AND TRAVEL EXPENSES.— by which the motion is agreed to or dis- mission; and (1) MEMBERS.—Each member of the Com- agreed to. mission, other than the Chairperson, shall be (2) a draft of legislation (including tech- (2) Consideration of a Federal election bill paid at a rate equal to the daily equivalent nical and conforming provisions) rec- in the House of Representatives shall be in of the annual rate of basic pay payable for ommended by the Commission to amend the the House with debate limited to not more level IV of the Executive Schedule under sec- Federal Election Campaign Act of 1971 (2 than 10 hours, which shall be divided equally tion 5315 of title 5, United States Code, for U.S.C. 431 et seq.) and any other law relating between those favoring and those opposing each day (including travel time) during to elections for Federal office. the bill. The previous question on the Fed- which the member is engaged in the actual SEC. 4. FAST-TRACK PROCEDURES. eral election bill shall be considered as or- performance of duties vested in the Commis- (a) RULES OF HOUSE OF REPRESENTATIVES dered to final passage without intervening sion. AND SENATE.—This section is enacted by the motion. It shall not be in order to move to (2) CHAIRPERSON.—The Chairperson shall be Congress— reconsider the vote by which a Federal elec- paid for each day referred to in paragraph (1) (1) as an exercise of the rulemaking power tion bill is agreed to or disagreed to. at a rate equal to the daily equivalent of the of the House of Representatives and the Sen- (3) All appeals from the decisions of the annual rate of basic pay payable for level III ate, respectively, and as such it shall be con- Chairperson relating to the application of of the Executive Schedule under section 5314 sidered as part of the rules of each House, re- the Rules of the House of Representatives to of title 5, United States Code. spectively, or of that House to which it spe- the procedure relating to a Federal election (e) STAFF.— cifically applies, and such rules shall super- bill shall be decided without debate. (1) EXECUTIVE DIRECTOR.—The Chairperson sede other rules only to the extent that they (g) FLOOR CONSIDERATION IN THE SENATE.— of the Commission may, without regard to are inconsistent therewith; and (1) A motion in the Senate to proceed to the the civil service laws and regulations, ap- (2) with full recognition of the constitu- consideration of a Federal election bill shall point and terminate an executive director of tional right of either House to change the be privileged and not debatable. An amend- the Commission, who shall be paid at the rules (so far as relating to such House) at ment to the motion shall not be in order, nor rate of basic payable for level IV of the Exec- any time, in the same manner and to the shall it be in order to move to reconsider the utive Schedule under section 5315 of title 5, same extent as in the case of any other rule vote by which the motion is agreed to or dis- United States Code. of that House. agreed to. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6853 (2) Debate in the Senate on a Federal elec- people residing in the mid-Pacific re- In summary, Mr. President, the State tion bill, and all debatable motions and ap- gion, a group of developers and fin- of Hawaii has more at stake in what peals in connection therewith, shall be lim- anciers have announced a proposal to happens in the Pacific than any other ited to not more than 10 hours. The time store high-level nuclear fuel on Pal- State in the Union. The legislation I shall be equally divided between, and con- myra Atoll, a privately owned U.S. pos- trolled by, the Majority Leader and the Mi- introduce today preserves U.S. inter- nority Leader or their designees. session located 1,000 miles from Hawaii. ests in the Pacific while ensuring that (3) Debate in the Senate on any debatable This action occurred after the group the State of Hawaii has a clear voice motion or appeal in connection with a Fed- failed to secure Midway Island for their over decisions that affect the region. eral election bill shall be limited to not more joint venture. On June 13, I introduced f than 1 hour, to be equally divided between, legislation to prohibit an interim or and controlled by, the mover and the man- permanent nuclear storage facility on ADDITIONAL COSPONSORS ager of the bill, except that in the event the any U.S. possession outside of the 50 S. 704 manager of the bill is in favor of any such States, including Palmyra. However, I At the request of Mr. SIMON, the motion or appeal, the time in opposition believe that the developers of Palmyra thereto, shall be controlled by the Minority name of the Senator from North Da- Leader or a designee of the Minority Leader. have forced us to consider a much kota [Mr. CONRAD] was added as a co- Such leaders, or either of them, may, from broader issue; that is, how can we give sponsor of S. 704, a bill to establish the time under their control on the passage of a the people of Hawaii a greater say in Gambling Impact Study Commission. Federal election bill, allot additional time to what goes on in our own backyard? S. 794 any Senator during the consideration of any While the cold war has ended, the debatable motion or appeal. threat of storing nuclear waste in iso- At the request of Mr. LUGAR, the (4) A motion in the Senate to further limit lated Pacific islands is just as alarming name of the Senator from Missouri debate is not debatable. A motion to recom- to the people of Hawaii. Instead of the [Mr. ASHCROFT] was added as a cospon- mit a Federal election bill is not in order. tropical Pacific, nuclear entrepreneurs sor of S. 794, a bill to amend the Fed- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. in search of a Pacific island for storing eral Insecticide, Fungicide, and There are authorized to be appropriated to Rodenticide Act to facilitate the minor the Commission such sums as are necessary high-level waste would turn our region into the toxic Pacific. use of a pesticide, and for other pur- to carry out the duties of the Commission poses. under this Act. The legislation I introduce today will give the people of Hawaii the oppor- S. 949 By Mr. AKAKA (for himself and tunity to respond, at the local level, to At the request of Mr. GRAHAM, the Mr. INOUYE): efforts to store nuclear waste on Pal- name of the Senator from Nebraska S. 1906. A bill to include certain terri- myra or any of these U.S. possessions. [Mr. KERREY] was added as a cosponsor tory with the jurisdiction of the State At the moment, Hawaii residents are of S. 949, a bill to require the Secretary of Hawaii, and for other purposes; to effectively precluded from decisions on of the Treasury to mint coins in com- the Committee on Energy and Natural issues confronting these islands, de- memoration of the 200th anniversary of Resources. spite the fact that some of these is- the death of George Washington. THE INSULAR AREAS CONSOLIDATION ACT OF 1996 lands are geographically part of the S. 1199 Mr. AKAKA. Mr. President, with Sen- Hawaiian islands and have historical, At the request of Mrs. BOXER, the ator INOUYE as a cosponsor, I am intro- political, or cultural links to Hawaii. name of the Senator from South Caro- ducing legislation to give the State of Through the transfer of jurisdiction to lina [Mr. HOLLINGS] was added as a co- Hawaii a greater say over proposals to the State of Hawaii, the Governor of sponsor of S. 1199, a bill to amend the develop seven U.S. possessions in the Hawaii, the State legislature, and the Internal Revenue Code of 1986 to per- Pacific which are currently not affili- residents of Hawaii can have a real mit tax-exempt financing of certain ated with any U.S. State or territory. voice in determining the future of transportation facilities. These islands are Baker Island, Jarvis these islands. Five of the islands under my bill— S. 1400 Island, Howland Island, Johnston Baker Island, Jarvis Island, Howland At the request of Mrs. KASSEBAUM, Atoll, Kingman Reef, Midway Island, Island, Kingman Reef, and Palmyra the name of the Senator from Missouri and Palmyra Atoll. My legislation Atoll—are uninhabited U.S. posses- [Mr. ASHCROFT] was added as a cospon- would transfer jurisdiction, but not sions, though Palmyra is privately sor of S. 1400, a bill to require the Sec- title, of these areas to the State of Ha- owned. The other two islands—John- retary of Labor to issue guidance as to waii. ston Atoll and Midway Island—fall the application of the Employee Re- Proposals to consolidate these Pa- under Department of Defense jurisdic- tirement Income Security Act of 1974 cific islands into the State of Hawaii’s tion. Five of the islands, excluding Pal- to insurance company general ac- jurisdiction have surfaced before. Last myra Atoll and Kingman Reef, are na- counts. year, Congressman ELTON GALLEGLY tional wildlife refuges. S. 1734 introduced a nearly identical bill in Midway Island has been managed as At the request of Mr. SPECTER, the the House and a hearing was held on an overlay national wildlife refuge name of the Senator from Delaware the measure by the Subcommittee on since 1988 when the U.S. Navy signed a [Mr. ROTH] was added as a cosponsor of Native American and Insular Affairs on cooperative agreement with the U.S. S. 1734, a bill to prohibit false state- January 31, 1995. The Clinton Adminis- Fish and Wildlife Service. Most re- ments to Congress, to clarify congres- tration supported the proposal, as did cently, on May 22, 1996, the Navy trans- sional authority to obtain truthful tes- Hawaii’s State Senate. At the time of ferred custody of and accountability timony, and for other purposes. its introduction, however, there were for Midway to the U.S. Fish and Wild- S. 1743 many people in the State of Hawaii life Service. At the request of Mr. BINGAMAN, the who wanted to know more about the Johnston Atoll is currently being potential benefits and liabilities that used by the U.S. Army for the John- name of the Senator from Louisiana would accrue to the State should juris- ston Atoll Chemical Agent Disposal [Mr. BREAUX] was added as a cosponsor diction be transferred under the System. There are about 960 civilian of S. 1743, a bill to provide temporary Gallegly bill. As a consequence, Ha- and 250 military personnel working on emergency livestock feed assistance for waii’s Gov. Benjamin Cayetano con- the island. Most recently, the Army certain producers, and for other pur- vened a task force headed by the Office testified that it expects to complete poses. of State Planning and the Pacific Basin the destruction of chemical weapons by S. 1744 Development Council to review the im- the year 2000. This is welcome news to At the request of Mr. INOUYE, the plications of the proposal. all of us in the Pacific. name of the Senator from New York My reason for reviving this legisla- Mr. President, to ensure that U.S na- [Mr. D’AMATO] was added as a cospon- tion is that recent proposals to develop tional security interests are not jeop- sor of S. 1744, a bill to permit duty free these islands have greatly alarmed the ardized, my bill would allow the United treatment for certain structures, parts, people of Hawaii and the Pacific. In States to maintain its current defense and components used in the Gemini blatant disregard for the welfare of operations and needs. Telescope Project. S6854 CONGRESSIONAL RECORD — SENATE June 25, 1996

S. 1878 At the end of title XXVII, add the follow- SEC. 3161. REPORT ON DEPARTMENT OF ENERGY At the request of Mr. AKAKA, the ing: LIABILITY AT DEPARTMENT SUPERFUND SITES. name of the Senator from Hawaii [Mr. SEC. 2706. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROJECTS. (a) STUDY.—The Secretary of Energy shall, INOUYE] was added as a cosponsor of S. (A) PROHIBITION.—Notwithstanding any using funds authorized to be appropriated to 1878, a bill to amend the Nuclear Waste other provision of this Act, no funds author- the Department of Energy by section 3102, Policy Act of 1982 to prohibit the li- ized to be appropriated by this Act may be carry out a study of the liability of the De- censing of a permanent or interim nu- obligated or expended for the military con- partment for damages for injury to, destruc- clear waste storage facility outside the struction project listed under subsection (b) tion of, or loss of natural resources under 50 States or the District of Columbia, until the Secretary of Defense certifies to section 107(a)(4)(C) at each site controlled or and for other purposes. Congress that the project is included in the operated by the Department that is or is an- current future-years defense program. ticipated to become subject to the provisions SENATE JOINT RESOLUTION 52 (b) COVERED PROJECTS.—Subsection (a) ap- of that Act. At the request of Mr. KYL, the names plies to the following military construction (b) CONDUCT OF STUDY.—(1) The Secretary of the Senator from Wyoming [Mr. projects: Phase II of the Consolidated Edu- shall carry out the study using personnel of SIMPSON], the Senator from Alaska cation Center at Fort Campbell, Kentucky; the Department or by contract with an ap- [Mr. STEVENS], the Senator from Okla- and Phase III of The Western Kentucky propriate private entity. (2) In determining the extent of Depart- homa [Mr. INHOFE], the Senator from Training Site. ment liability for purposes of the study, the Indiana [Mr. COATS], the Senator from AMENDMENT NO. 4116 Secretary shall treat the Department as a North Carolina [Mr. HELMS], the Sen- private person liable for damages under sec- At the end of subtitle F of title X, add the ator from Mississippi [Mr. LOTT], the tion 107(f) of that Act (42 U.S.C. 9607(f)) and following: Senator from Alabama [Mr. SHELBY], subject to suit by public trustees of natural SEC. . VALUATION OF DEFENSE ARTICLES resources under such section 107(f) for such the Senator from Texas [Mrs. TRANSFERRED TO ASSIST BOSNIA HUTCHISON], the Senator from Ten- AND HERCEGOVINA. damages. (c) REPORT.—Not later than 90 days after nessee [Mr. FRIST], the Senator from Section 540 of the Foreign Operations, Ex- the date of the enactment of this Act, the Georgia [Mr. COVERDELL], the Senator port Financing, and Related Appropriations Act, 1996 (Public Law 104–107) is amended by Secretary shall submit a report on the study from Alaska [Mr. MURKOWSKI], the Sen- carried out under subsection (a) to the fol- ator from Ohio [Mr. DEWINE], the Sen- adding at the end the following new sub- section: lowing committees: ator from Iowa [Mr. GRASSLEY], the ‘‘(e) Notwithstanding any other provision (1) The Committees on Environment and Senator from South Carolina [Mr. of law, the value of each defense article Public Works and Armed Services and En- THURMOND], the Senator from North transferred under this section shall not ex- ergy and Natural Resources of the Senate. (2) The Committees on Commerce and Na- Carolina [Mr. FAIRCLOTH], the Senator ceed the lowest value calculable for such ar- tional Security and Resources of the House from Florida [Mr. MACK], and the Sen- ticle under section 7000.14–R of volume 15 of of Representatives. ator from Virginia [Mr. WARNER] were the Department of Defense Financial Man- added as cosponsors of Senate Joint agement Regulations for Security Assistance WARNER AMENDMENT NO. 4119 Resolution 52, a joint resolution pro- Policy and Procedures, as in effect on the posing an amendment to the Constitu- date of enactment of this Act, pursuant to (Ordered to lie on the table.) section 644(m) of the Foreign Assistance Act Mr. WARNER submitted an amend- tion of the United States to protect the of 1961.’’. rights of victims of crimes. ment intended to be proposed by him to the bill, S. 1745, supra; as follows: AMENDMENT NO. 4090 GREGG AMENDMENT NO. 4117 At the request of Mr. WARNER, the At the end of subtitle B of title I, add the (Ordered to lie on the table.) name of the Senator from West Vir- following: Mr. GREGG submitted an amend- SEC. 113. PERMANENT AUTHORITY TO CARRY ginia [Mr. BYRD] was added as a co- ment intended to proposed by him to OUT ARMS INITIATIVE. sponsor of amendment No. 4090 pro- the bill, S. 1745, supra; as follows: Section 193(a) of the Armament Retooling posed to S. 1745, an original bill to au- At the appropriate place, insert: and Manufacturing Support Initiative Act of thorize appropriations for fiscal year 1992 (subtitle H of title I of Public Law 102– SEC. . WRITTEN CONSENT REQUIRED TO USE 1997 for military activities of the De- UNION DUES AND OTHER MANDA- 484; 10 U.S.C. 2501 note) is amended by strik- partment of Defense, for military con- TORY EMPLOYEE FEES FOR POLITI- ing out ‘‘During fiscal years 1993 through struction, and for defense activities of CAL ACTIVITIES. 1996, the Secretary’’ and inserting in lieu the Department of Energy, to prescribe (a) IN GENERAL.—Section 316(b) of the Fed- thereof ‘‘The Secretary’’. personnel strengths for such fiscal year eral Election Campaign Act of 1971 (2 U.S.C. for the Armed Forces, and for other 441b(b)) is amended by adding at the end the MCCAIN AMENDMENT NO. 4120 following new paragraph: purposes. ‘‘(8)(A) No dues, fees, or other money re- (Ordered to lie on the table.) f quired as a condition of membership in a Mr. MCCAIN submitted an amend- ment intended to be proposed by him AMENDMENTS SUBMITTED labor organization or as a condition of em- ployment shall be collected from an individ- to the bill, S. 1745, supra; as follows: ual for use in activities described in subpara- Strike out section 366 and insert in lieu graph (A), (B), or (C) of paragraph (2) unless thereof the following new section: THE NATIONAL DEFENSE AUTHOR- the individual has given prior written con- IZATION ACT FOR FISCAL YEAR SEC. 366. DEPARTMENT OF DEFENSE SUPPORT sent for such use. FOR SPORTING EVENTS. 1997 ‘‘(B) Any consent granted by an individual (a) SECURITY AND SAFETY ASSISTANCE.—At under subparagraph (A) shall remain in ef- the request of a Federal, State, or local gov- fect until revoked and may be revoked in ernment agency responsible for providing MCCAIN AMENDMENTS NOS. 4115– writing at any time. law enforcement services, security services, 4116 ‘‘(C) This paragraph shall apply to activi- or safety services, the Secretary of Defense (Ordered to lie on the table.) ties described in paragraph (2)(A) only if the may authorize the commander of a military communications involved expressly advocate installation or other facility of the Depart- Mr. MCCAIN submitted two amend- the election or defeat of any clearly identi- ments intended to be proposed by him ment of Defense or the commander of a spec- fied candidate for elective public office.’’ ified or unified combatant command to pro- to the bill (S. 1745) to authorize appro- (b) EFFECTIVE DATE.—The amendment vide assistance for the World Cup Soccer priations for fiscal year 1997 for mili- made by this section shall apply to amounts Games, the Goodwill Games, the Olympics, tary activities of the Department of collected more than 30 days after the date of and any other civilian sporting event in sup- Defense, for military construction, and the enactment of this Act. port of essential security and safety at such for defense activities for the Depart- event, but only if the Attorney General cer- ment of Energy, to prescribe personnel THOMAS AMENDMENT NO. 4118 tifies that such assistance is necessary to strengths for such fiscal year for the (Ordered to lie on the table.) meet essential security and safety needs. Armed Forces, and for other purposes; Mr. THOMAS submitted an amend- (b) OTHER ASSISTANCE.—The Secretary may authorize a commander referred to in as follows: ment intended to be proposed by him subsection (a) to provide assistance for a AMENDMENT NO. 4115 to the bill, S. 1745, supra; as follows: sporting event referred to in that subsection At the end of the amendment, add the fol- At the end of subtitle D of title XXXI, add in support of other needs relating to such lowing: the following: event, but only— June 25, 1996 CONGRESSIONAL RECORD — SENATE S6855 (1) to the extent that such needs cannot (C) Purchasing and installing an auto- 1954 and the nuclear safety-related regula- reasonably be met by a source other than the mated personnel access control system, and tions. Department; integrating the software for the system with (D) Improvements in public safety and (2) to the extent that the provision of such a radiation work permit system. worker protection that have been required assistance does not adversely affect the mili- (D) Upgrading the radiological records by the Secretary on the basis of the results tary preparedness of the Armed Forces; and software. of the compliance review. (3) if the organization requesting such as- (E) Immediately implementing a program (E) A description of the effectiveness of sistance agrees to reimburse the Department that will characterize the radiological condi- compliance review. for amounts expended by the Department in tions of the site, buildings, and facilities be- (2)(A) The first annual report under para- providing the assistance in accordance with fore decontamination activities commence graph (1) shall be included in the annual re- the provisions of section 377 of title 10, Unit- so that radiological hazards are clearly iden- port that is required by section 170(p) of the ed States Code, and other applicable provi- tified and the results of decontamination Atomic Energy Act of 1954 to be submitted sions of law. validated. to Congress not later than April 1, 1997. (c) INAPPLICABILITY TO CERTAIN EVENTS.— (F) Reviewing and improving the conduct (B) No report is required under paragraph Subsections (a) and (b) do not apply to the and evaluation of continuous air monitoring (1) after all defense nuclear facilities covered following sporting events: practices and implementing a personal air by the regulations referred to in subsection (1) Sporting events for which funds have sampling program as a means of preventing (a) have undergone compliance review pursu- been appropriated before the date of the en- unnecessary internal exposure. ant to this section. actment of this Act. (G) Upgrading bioassay analytical proce- (d) PERSONNEL.—The Secretary shall en- (2) The Special Olympics. dures in order to ensure that contract lab- sure that the number of qualified personnel used to carry out the compliance review (3) The Paralympics. oratories are adequately selected and vali- under this section is sufficient for achieving (d) TERMS AND CONDITIONS.—The Secretary dated and quality control is assured. may require such terms and conditions in (H) Implementing bioassay and internal effective results. Only Federal employees connection with the provision of assistance dose calculation methods that are specific to may be used to carry out a compliance re- under this section as the Secretary considers the radiological hazards identified at the view activity under this section. (e) REGULATIONS.—Effective 18 months necessary and appropriate to protect the in- site. after the date of the enactment of this Act, terests of the United States. (3)(A) The Secretary shall complete the ac- violations of regulations prescribed by the (e) REPORT ON ASSISTANCE.—Not later than tivities referred to in paragraph (2)(A) not Secretary to protect contractor and sub- January 30 of each year following a year in later than September 30, 1997. contractor employees from non-nuclear haz- which the Secretary provides assistance (B) The Secretary shall ensure that the ac- ards at Department of Energy defense nu- under this section, the Secretary shall sub- tivities referred to in paragraph (2)(F) are clear facilities shall be punishable under sec- mit to the congressional defense committees completed not later than December 31, 1996. tions 223 and 234A of the Atomic Energy Act a report on the assistance provided. The re- (b) SAVINGS PROVISION.—Nothing in this of 1954 (42 U.S.C. 2282a and 42 U.S.C. 2273). port shall set forth— section shall be construed as affecting appli- (1) a description of the assistance provided; cable statutory or regulatory requirements (2) the amount expended by the Depart- relating to worker health and safety. GORTON AMENDMENT NO. 4123 ment in providing the assistance; (c) SUPPLEMENT NOT SUPPLANT.—Nothing (Ordered to lie on the table.) (3) if the assistance was provided under in this section shall prohibit the Secretary Mr. GORTON submitted an amend- subsection (a), the certification of the Attor- from obligating and expending additional ment intended to be proposed by him ney General with respect to the assistance funds under this title for the activities re- to the bill, S. 1745, supra; as follows: under that subsection; and ferred to in subsection (a)(2). (4) if the assistance was provided under At the end of title XXVI of the bill, insert subsection (b)— AMENDMENT NO. 4122 the following: (A) an explanation why the assistance At the end of subtitle D of title XXXI add SEC. 2602. FUNDING FOR CONSTRUCTION AND IM- PROVEMENT OF RESERVE CENTERS could not reasonably be met by a source the following: other than the Department; and IN THE STATE OF WASHINGTON. (B) the amount the Department was reim- SEC. 3161. WORKER HEALTH AND SAFETY PRO- (a) FUNDING.—Notwithstanding any other TECTION. bursed under that subsection. provision of law, of the funds appropriated (a) SAFETY COMPLIANCE REVIEW AND AC- (f) RELATIONSHIP TO OTHER LAWS.—Assist- under the heading ‘‘MILITARY CONSTRUCTION, COUNTABILITY.—Consistent with authority to ance provided under this section shall be NAVAL RESERVE’’ in the Military Construc- seek or impose penalties for violations of subject to the provisions of sections 375 and tion Appropriations Act, 1995 (Public Law regulations relating to nuclear safety under 376 of title 10, United States Code. 103–307; 108 Stat. 1661), that are available for section 223 or 234A, respectively, of the the construction of a Naval Reserve center Atomic Energy Act of 1954 (42 U.S.C. 2273, in Seattle, Washington— GLENN AMENDMENTS NOS. 4121– 2282a), the Secretary shall review contractor (1) $5,200,000 shall be available for the con- 4122 and subcontractor compliance with the nu- struction of an Army Reserve Center at Fort (Ordered to lie on the table.) clear safety-related regulations referred to Lawton, Washington, of which $700,000 may Mr. GLENN submitted two amend- in subsection (b) at each Department of En- be used for program and design activities re- ments intended to be proposed by him ergy defense nuclear facility covered by the lating to such construction; regulations. (2) $4,200,000 shall be available for the con- to the bill, S. 1745, supra; as follows: (b) NUCLEAR SAFETY-RELATED REGULATIONS struction of an addition to the Naval Reserve AMENDMENT NO. 4121 COVERED.—The regulations with which com- Center in Tacoma, Washington; At the end of subtitle D of title XXXI add pliance is to be reviewed under this section (3) $500,000 shall be available for unspec- the following: are as follows: ified minor construction at Naval Reserve fa- SEC. 3161. WORKER HEALTH AND SAFETY IM- (1) The nuclear safety management regula- cilities in the State of Washington; and PROVEMENTS AT THE DEFENSE NU- tions set forth in part 830 of title 10 of the (4) $500,000 shall be available for program CLEAR COMPLEX, MIAMISBURG, Code of Federal Regulations (as amended, if and design activities with respect to im- OHIO. amended). provements at Naval Reserve facilities in the (a) WORKER HEALTH AND SAFETY ACTIVI- (2) The occupational radiation protection State of Washington. TIES.—(1) Of the funds authorized to be ap- regulations set forth in part 835 of title 10 of (b) MODIFICATION OF LAND CONVEYANCE AU- propriated pursuant to section 3102(b), the Code of Federal Regulations (as amend- THORITY.—Paragraph (2) of section 127(d) of $6,200,000 shall be available to the Secretary ed, if amended). the Military Construction Appropriations of Energy to perform, in accordance with a (c) REPORTING REQUIREMENTS.—(1) Subject Act, 1995 (Public Law 103–337; 108 Stat. 1666), settlement of Levell et al. v. Monsanto Re- to paragraph (2), the Secretary shall include is amended to read as follows: search Corp. et al., Case Number C–3–95–312 in in the annual report submitted to Congress ‘‘(2) Before commencing construction of a the United States District Court for the pursuant to section 170(p) of the Atomic En- facility to be the replacement facility for the Southern District of Ohio, activities to im- ergy Act of 1954 (42 U.S.C. 2210(p)) a report on Naval Reserve Center under paragraph (1), prove worker health and safety at the de- contractor and subcontractor compliance the Secretary shall comply with the require- fense nuclear complex at Miamisburg, Ohio. with the nuclear safety-related regulations ments of the National Environmental Policy (2) Activities under paragraph (1) shall in- referred to in subsection (b). The report shall Act (42 U.S.C. 4321 et seq.) with respect to clude the following: include the following matters: such facility.’’. (A) Completing the evaluation of pre-1989 (A) A list of facilities evaluated and a dis- internal dose assessments for workers who cussion of progress made in meeting the CHAFEE AMENDMENTS NOS. 4124– have received a lifetime dose greater than 20 compliance review requirement set forth in 4125 REM. subsection (a). (B) Installing state-of-the-art automated (B) A list of noncompliance events and vio- (Ordered to lie on the table.) personnel contamination monitors at appro- lations identified in the compliance review. Mr. CHAFEE submitted two amend- priate radiation control points and facility (C) A list of actions taken under sections ments intended to be proposed by him exits. 223 and 234A of the Atomic Energy Act of to the bill, S. 1745, supra; as follows: S6856 CONGRESSIONAL RECORD — SENATE June 25, 1996

AMENDMENT NO. 4124 (e) DEFINITIONS.—In this section: view’’) were intended to reassess the force In the table in section 2201(a), insert after (1) The term ‘‘defense technology’’ means a structure of the Armed Forces in light of the the item relating to Camp Lejeune Marine technology designated by the Secretary of changing realities of the post-Cold War Corps Base, North Carolina, the following Defense under subsection (d). world. new item: (2) The term ‘‘partnership’’ means an (3) Both assessments served an important agreement entered into under subsection (c). purpose in focusing attention on the need to (f) TERMINATION OF PILOT PROGRAM.—The reevaluate the military posture of the Unit- pilot program shall terminate one year after ed States, but the pace of global change ne- Rhode Island ...... Naval Undersea Warfare $8,900,000 Center. the Secretary enters into an agreement cessitates a new, comprehensive assessment under subsection (b). of the defense strategy of the United States Strike out the amount set forth as the (g) AUTHORIZATION OF APPROPRIATIONS.—(1) and the force structure of the Armed Forces total amount at the end of the table in sec- Funds are hereby authorized to be appro- required to meet the threats to the United tion 2201(a) and insert in lieu thereof priated for the Department of Defense for fis- States in the 21st century. ‘‘$515,952,000’’. cal year 1997 for the pilot program in the (4) The Bottom-Up Review has been criti- In section 2205(a), in the matter preceding amount of $2,300,000. cized on several points, including— paragraph (1), strike out ‘‘$2,040,093,000’’ and (2) The amount authorized to be appro- (A) the assumptions underlying the strat- insert in lieu thereof ‘‘$2,048,993,000’’. priated under paragraph (1) is in addition to egy of planning to fight and win two nearly In section 2205(a)(1), strike out the amounts authorized to be appropriated simultaneous major regional conflicts; ‘‘$507,052,000’’ and insert in lieu thereof under other provisions of this Act. (B) the force levels recommended to carry ‘‘$515,952,000’’. out that strategy; and GRASSLEY AMENDMENT NO. 4126 (C) the funding proposed for such rec- AMENDMENT NO. 4125 ommended force levels. (Ordered to lie on the table.) At the end of title VIII, add the following: (5) In response to the recommendations of Mr. GRASSLEY submitted an the Commission on Roles and Missions of the SEC. 810. PILOT PROGRAM FOR TRANSFER OF DE- Armed Forces, the Secretary of Defense en- FENSE TECHNOLOGY INFORMATION amendment intended to be proposed by TO PRIVATE INDUSTRY. him to the bill, S. 1745, supra; as fol- dorsed the concept of conducting a quadren- nial review of the defense program at the be- (a) PROGRAM REQUIRED.—The Secretary of lows: ginning of each newly elected Presidential Defense shall carry out a pilot program to At the end of section 218(a) add the follow- demonstrate online transfers of information administration, and the Secretary intends to ing: ‘‘The report shall include— complete the first such review in 1997. on defense technologies to businesses in the ‘‘(1) a comparison of— private sector through an interactive data (6) The review is to involve a comprehen- ‘‘(A) the results of the review, with sive examination of defense strategy, the network involving institutions of higher edu- ‘‘(B) the results of the last independent es- cation. force structure of the active, guard, and re- timate of production costs of the program serve components, force modernization (a) COMPUTERIZED DATA BASE OF DEFENSE that was prepared by the Cost Analysis Im- plans, infrastructure, and other elements of TECHNOLOGIES.—(1) Under the pilot program, provement Group in July 1991; and the Secretary shall enter into an agreement the defense program and policies in order to ‘‘(2) a description of any major changes in determine and express the defense strategy with the head of an institution of higher edu- programmatic assumptions that have oc- cation that provides for such institution— of the United States and to establish a re- curred since the estimate referred to in para- vised defense program through the year 2005. (A) to develop and maintain a computer- graph (1)(B) was made, including any major ized data base of information on defense (7) In order to ensure that the force struc- change in assumptions regarding the pro- ture of the Armed Forces is adequate to technologies; gram schedule, the quantity of aircraft to be (B) to make such information available on- meet the challenges to the national security developed and acquired, and the annual rates interests of the United States in the 21st line to— of production, together with an assessment (i) businesses; and century, to assist the Secretary of Defense in of the effects of such changes on the pro- conducting the review referred to in para- (ii) other institutions of higher education gram.’’. entering into partnerships with the Sec- graph (5), and to assess the appropriate force retary under subsection (c). structure of the Armed Forces through the (2) The online accessibility may be estab- DASCHLE AMENDMENT NO. 4127 year 2010 and beyond (if practicable), it is lished by means of any of, or any combina- (Ordered to lie on the table.) important to provide for the conduct of an tion of, the following: independent, non-partisan review of the force Mr. DASCHLE submitted an amend- structure that is more comprehensive than (A) Digital teleconferencing. ment intended to be proposed by him (B) International Signal Digital Network prior assessments of the force structure, ex- lines. to the bill, S. 1745, supra; as follows: tends beyond the quadrennial defense review, (C) Direct modem hookup. In section 2601(1), strike out ‘‘$79,628,000’’ and explores innovative and forward-think- (e) PARTNERSHIP NETWORK.—Under the and insert in lieu thereof ‘‘$84,228,000’’. ing in ways of meeting such challenges. pilot program, the head of the institution SEC. 1083. QUADRENNIAL DEFENSE REVIEW. with which the Secretary enters into an LIEBERMAN (AND OTHERS) (a) REQUIREMENT IN 1997.—The Secretary of Defense, in consultation with the Chairman agreement under subsection (b) may, with AMENDMENT NO. 4128 the concurrence of the Secretary, enter into of the Joint Chiefs of Staff, shall complete in agreements with the heads of other institu- (Ordered to lie on the table.) 1997 a review of the defense program of the tions of higher education having strong busi- Mr. LIEBERMAN (for himself, Mr. United States intended to satisfy the re- quirements for a Quadrennial Defense Re- ness education programs to provide for the COATS, Mr. ROBB, Mr. MCCAIN, Mr. institutions of higher education entering view as identified in the recommendations of NUNN, Mr. INHOFE, Mr. KEMPTHORNE, the Commission on Roles and Missions of the into such agreements— Mr. WARNER, Mrs. HUTCHISON, Mr. (1) to establish interactive computer links Armed Forces. The review shall include a SANTORUM, Mr. MURKOWSKI, Mr. FORD, comprehensive examination of the defense with the data base developed and maintained strategy, force structure, force moderniza- under subsection (b); and and Mr. BOND) submitted an amend- tion plans, infrastructure, and other ele- (2) to assist the Secretary in making infor- ment intended to be proposed by him ments of the defense program and policies mation on defense technologies available on- to the bill, S. 1745, supra; as follows: with a view toward determining and express- line to the broadest practicable number, At the end of title X, add the following: ing the defense strategy of the United States types, and sizes of businesses. Subtitle G—Review of Armed Forces Force and establishing a revised defense program (d) DEFENSE TECHNOLOGIES COVERED.—(1) Structures through the year 2005. The Secretary shall designate the tech- SEC. 1081. SHORT TITLE. (b) INVOLVEMENT OF NATIONAL DEFENSE nologies to be covered by the pilot program PANEL.—(1) The Secretary shall apprise the This subtitle may be cited as the ‘‘Armed from among the existing and experimental National Defense Panel established under Forces Force Structures Review Act of 1996’’. technologies that the Secretary deter- section 1084, on an on-going basis, of the mines— SEC. 1082. FINDINGS. work undertaken in the conduct of the re- (A) are useful in meeting Department of Congress makes the following findings: view. Defense needs; and (1) Since the collapse of the Soviet Union (2) Not later than March 14, 1997, the Chair- (B) should be made available under the in 1991, the United States has conducted two man of the National Defense Panel shall sub- pilot program to facilitate the satisfaction substantial assessments of the force struc- mit to the Secretary the panel’s assessment of such needs by private sector sources. ture of the Armed Forces necessary to meet of work undertaken in the conduct of the re- (2) Technologies covered by the program United States defense requirements. view as of that date and shall include in the should include technologies useful for de- (2) The assessment by the Bush Adminis- assessment the recommendations of the fense purposes that can also be used for non- tration (known as the ‘‘Base Force’’ assess- panel for improvements to the review, in- defense purposes (without or without modi- ment) and the assessment by the Clinton Ad- cluding recommendations for additional fication). ministration (known as the ‘‘Bottom-Up Re- matters to be covered in the review. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6857

(c) ASSESSMENTS OF REVIEW.—Upon com- individuals in the private sector who are rec- (2) Not later than December 15, 1997, the pletion of the review, the Chairman of the ognized experts in matters relating to the Secretary shall, after consultation with the Joint Chiefs of Staff and the Chairman of the national security of the United States. Chairman of the Joint Chiefs of Staff, submit National Defense Panel shall each prepare (c) DUTIES.—The Panel shall— to the committees referred to in subsection and submit to the Secretary such chairman’s (1) conduct and submit to the Secretary (b)(1) a copy of the report under paragraph assessment of the review in time for the in- the assessment of the review under section (1), together with the Secretary’s comments clusion of the assessment in its entirety in 1083 that is required by subsection (b)(2) of on the report. the report under subsection (d). that section; (f) INFORMATION FROM FEDERAL AGENCIES.— (d) REPORT.—Not later than May 15, 1997, (2) conduct and submit to the Secretary The Panel may secure directly from the De- the Secretary shall submit to the Committee the comprehensive assessment of the review partment of Defense and any of its compo- on Armed Services of the Senate and the that is required by subsection (c) of that sec- nents and from any other Federal depart- Committee on National Security of the tion upon completion of the review; and ment and agency such information as the House of Representatives a comprehensive (3) conduct the assessment of alternative Panel considers necessary to carry out its report on the review. The report shall in- force structures for the Armed Forces re- duties under this section. The head of the de- clude the following: quired under subsection (d). partment or agency concerned shall ensure (1) The results of the review, including a (d) ALTERNATIVE FORCE STRUCTURE AS- that information requested by the Panel comprehensive discussion of the defense SESSMENT.—(1) The Panel shall submit to the under this subsection is promptly provided. strategy of the United States and the force Secretary an independent assessment of a (g) PERSONNEL MATTERS.—(1) Each member structure best suited to implement the strat- variety of possible force structures of the of the Panel shall be compensated at a rate egy. Armed Forces through the year 2010 and be- equal to the daily equivalent of the annual (2) The threats examined for purposes of yond, including the force structure identified rate of basic pay prescribed for level IV of the review and the scenarios developed in the in the report on the review under section the Executive Schedule under section 5315 of examination of such threats. 1083(d). The purpose of the assessment is to title 5, United States Code, for each day (in- (3) The assumptions used in the review, in- develop proposals for an ‘‘above the line’’ cluding travel time) during which such mem- cluding assumptions relating to the coopera- force structure of the Armed Forces and to ber is engaged in the performance of the du- tion of allies and mission-sharing, levels of provide the Secretary and Congress rec- ties of the Panel. acceptable risk, warning times, and inten- ommendations regarding the optimal force (2) The members of the Panel shall be al- sity and duration of conflict. structure to meet anticipated threats to the lowed travel expenses, including per diem in (4) The effect on the force structure of national security of the United States lieu of subsistence, at rates authorized for preparations for and participation in peace through the time covered by the assessment. employees of agencies under subchapter I of (2) In conducting the assessment, the Panel operations and military operations other chapter 57 of title 5, United States Code, shall examine a variety of potential threats than war. while away from their homes or regular (including near-term threats and long-term (5) The effect on the force structure of the places of business in the performance of serv- threats) to the national security interests of utilization by the Armed Forces of tech- ices for the Panel. the United States, including the following: nologies anticipated to be available by the (3)(A) The chairman of the Panel may, (A) Conventional threats across a spectrum year 2005, including precision guided muni- without regard to the civil service laws and of conflicts. tions, stealth, night vision, digitization, and regulations, appoint and terminate an execu- (B) The proliferation of weapons of mass communications, and the changes in doc- tive director, and a staff of not more than destruction and the means of delivering such trine and operational concepts that would four additional individuals, if the Panel de- weapons, and the illicit transfer of tech- result from the utilization of such tech- termines that an executive director and staff nology relating to such weapons. nologies. are necessary in order for the Panel to per- (C) The vulnerability of United States (6) The manpower and sustainment policies form its duties effectively. The employment technology to non-traditional threats, in- required under the defense strategy to sup- of an executive director shall be subject to cluding information warfare. port engagement in conflicts lasting more confirmation by the Panel. (D) Domestic and international terrorism. than 120 days. (B) The chairman may fix the compensa- (E) The emergence of a major challenger (7) The anticipated roles and missions of tion of the executive director without regard having military capabilities similar to those the reserve components in the defense strat- to the provisions of chapter 51 and sub- of the United States. egy and the strength, capabilities, and equip- chapter III of chapter 53 of title 5, United (F) Any other significant threat, or com- ment necessary to assure that the reserve States Code, relating to classification of po- bination of threats, identified by the Panel. components can capably discharge such roles sitions and General Schedule pay rates, ex- (3) For purposes of the assessment, the and missions. cept that the rate of pay for the executive di- Panel shall develop a variety of scenarios re- (8) The appropriate ratio of combat forces rector may not exceed the rate payable for quiring a military response by the Armed to support forces (commonly referred to as level V of the Executive Schedule under sec- Forces, including the following: the ‘‘tooth-to-tail’’ ratio) under the defense tion 5316 of such title. (A) Scenarios developed in light of the (4) Any Federal Government employee may strategy, including, in particular, the appro- threats examined under paragraph (2). be detailed to the Panel without reimburse- priate number and size of headquarter units (B) Scenarios developed in light of a con- ment, and such detail shall be without inter- and Defense Agencies for that purpose. tinuum of conflicts ranging from a conflict ruption or loss of civil service status or (9) The air-lift and sea-lift capabilities re- of lesser magnitude than the conflict de- privilege. The Secretary shall ensure that quired to support the defense strategy. scribed in the Bottom-Up Review to a con- sufficient personnel are detailed to the Panel (10) The forward presence, pre-positioning, flict of greater magnitude than the conflict to enable the Panel to carry out its duties ef- and other anticipatory deployments nec- so described. fectively. essary under the defense strategy for conflict (4) As part of the assessment, the Panel (5) To the maximum extent practicable, deterrence and adequate military response to shall also— the members and employees of the Panel anticipated conflicts. (A) develop recommendations regarding a shall travel on military aircraft, military (11) The extent to which resources must be variety of force structures for the Armed ships, military vehicles, or other military shifted among two or more theaters under Forces that permit the forward deployment conveyances when travel is necessary in the the defense strategy in the event of conflict of sufficient land- and sea-based forces to performance of a duty of the Panel, except in such theaters. provide an effective deterrent to conflict and that no such aircraft, ship, vehicle, or other (12) The advisability of revisions to the to permit a military response by the United conveyance may be scheduled primarily for Unified Command Plan as a result of the de- States to the scenarios developed under the transportation of any such member or fense strategy. paragraph (3); employee when the cost of commercial SEC. 1084. NATIONAL DEFENSE PANEL. (B) to the extent practicable, estimate the transportation is less expensive. (a) ESTABLISHMENT.—Not later than De- funding required by fiscal year, in constant (h) ADMINISTRATIVE PROVISIONS.—(1) The cember 1, 1996, the Secretary of Defense shall fiscal year 1997 dollars, to organize, equip, Panel may use the United States mails and establish a non-partisan, independent panel and support the forces contemplated under obtain printing and binding services in the to be known as the National Defense Panel the force structures assessed in the assess- same manner and under the same conditions (in this section referred to as the ‘‘Panel’’). ment; and as other departments and agencies of the The Panel shall have the duties set forth in (C) comment on each of the matters also to Federal Government. this section. be included by the Secretary in the report (2) The Secretary shall furnish the Panel (b) MEMBERSHIP.—The Panel shall be com- required by section 1083(d). any administrative and support services re- posed of a chairman and eight other individ- (e) REPORT.—(1) Not later than December 1, quested by the Panel. uals appointed by the Secretary, in consulta- 1997, the Panel shall submit to the Secretary (3) The Panel may accept, use, and dispose tion with the Chairman and ranking member a report setting forth the activities, findings of gifts or donations of services or property. of the Committee on Armed Services of the and recommendations of the Panel under (i) PAYMENT OF PANEL EXPENSES.—The Senate and the Chairman and ranking mem- subsection (d), including any recommenda- compensation, travel expenses, and per diem ber of the Committee on National Security tions for legislation that the Panel considers allowances of members and employees of the of the House of Representatives, from among appropriate. Panel shall be paid out of funds available to S6858 CONGRESSIONAL RECORD — SENATE June 25, 1996 the Department of Defense for the payment sideration by the Secretary of Health and the Directive states that ‘‘For a member who of compensation, travel allowances, and per Human Services of an application under sub- dies while on active duty . . . there shall be’’ diem allowances, respectively, of civilian sections (b), (c), and (j) of section 505, and honors such as pallbearers, a firing party, employees of the Department. The other ex- subsections (b), (c), and (n) of section 512, of and a bugler; and penses of the Panel shall be paid out of funds the Federal Food, Drug, and Cosmetic Act (5) paying final tribute on behalf of a available to the Department for the payment (21 U.S.C. 355 (b), (c), and (j), and 360b (b), (c), grateful nation to those who have served it of similar expenses incurred by the Depart- and (n)), the expiration date of a patent that honorably is important to respect the de- ment. is the subject of a certification under section ceased, to show esteem for military service, (j) TERMINATION.—The Panel shall termi- 505(b)(2)(A) (ii), or (iv), section to comfort the grieving and to display mili- nate 30 days after the date on which the 505(j)(2)(A)(vii) (II), (III), or (IV), or section tary professionalism, but the use of military Panel submits its report to the Secretary 512(n)(1)(H) (ii), (iii), or (iv) of such Act, re- honors at the funeral of someone under subsection (e). spectively, made in an application submitted undeserving of them not only wastes tax- SEC. 1085. POSTPONEMENT OF DEADLINES. prior to June 8, 1995, or in an application payer dollars but also lowers the morale and In the event that the election of President submitted on or after that date in which the impugns the high reputation of our nation’s of the United States in 1996 results in a applicant certifies that substantial invest- military. change in administrations, each deadline set ment was made prior to June 8, 1995, shall be (b) SENSE OF THE SENATE.—It is the sense forth in this subtitle shall be postponed by 3 deemed to be the date on which such patent of the Senate that: months. would have expired under the law in effect on (1) the Secretary of Defense should promul- SEC. 1086. DEFINITIONS. the day preceding December 8, 1994. gate a regulation clarifying that a Service In this subtitle: (c) MARKETING GENERIC DRUGS.—The rem- Secretary has the discretion to deny mili- (1) The term ‘‘ ‘above the line’ force struc- edies of section 271(e)(4) of title 35, United tary honors for the burial of a deceased serv- ture of the Armed Forces’’ means a force States Code, shall not apply to acts— ice member if the Secretary determines be- structure (including numbers, strengths, and (1) that were commenced, or for which a yond a reasonable doubt that the service composition and major items of equipment) substantial investment was made, prior to member, had he or she lived, would have for the Armed Forces at the following unit June 8, 1995; and been successfully convicted of murder in an levels: (2) that became infringing by reason of sec- American military or civilian court; and (A) In the case of the Army, the division. tion 154(c)(1) of such title, as amended by (2) the Service Secretary concerned should (B) In the case of the Navy, the battle section 532 of the Uruguay Round Agree- make such a determination only within 72 group. ments Act (Public Law 103–465; 108 Stat. hours of the service member’s death, and (C) In the case of the Air Force, the wing. 4983). should communicate that determination to (D) In the case of the Marine Corps, the ex- (d) EQUITABLE REMUNERATION.—For acts the service member’s family as swiftly as peditionary force. described in subsection (c), equitable remu- possible. (E) In the case of special operations forces neration of the type described in section of the Army, Navy, or Air Force, the major 154(c)(3) of title 35, United States Code, as EXON (AND OTHERS) AMENDMENT operating unit. amended by section 532 of the Uruguay NO. 4131 (F) In the case of the strategic forces, the Round Agreements Act (Public Law 103–465; ballistic missile submarine fleet, the heavy 108 Stat. 4983) shall be awarded to a patentee (Ordered to lie on the table.) bomber force, and the intercontinental bal- only if there has been— Mr. EXON (for himself, Mr. KOHL, Mr. listic missile force. (1) the commercial manufacture, use, offer BINGAMAN, Mr. DORGAN, and Mr. (2) The term ‘‘Commission on Roles and to sell, or sale, within the United States of WELLSTONE) submitted an amendment Missions of the Armed Forces’’ means the an approved drug that is the subject of an ap- intended to be proposed by them to the Commission on Roles and Missions of the plication described in subsection (b); or bill, S. 1745, supra; as follows: Armed Forces established by subtitle E of (2) the importation by the applicant into title IX of the National Defense Authoriza- the United States of an approved drug or of After section 3, insert the following: tion Act for Fiscal Year 1994 (Public Law active ingredient used in an approved drug SEC. 4. GENERAL LIMITATION. 103–160; 107 Stat. 1738; 10 U.S.C. 111 note). that is the subject of an application de- Notwithstanding any other provision of (3) The term ‘‘military operation other scribed in subsection (b). this Act, the total amount authorized to be than war’’ means any operation other than (e) APPLICABILITY.—The provisions of this appropriated for fiscal year 1997 under the war that requires the utilization of the mili- section shall govern— provisions to this Act is $263,362,000,000. tary capabilities of the Armed Forces, in- (1) the approval or the effective date of ap- cluding peace operations, humanitarian as- proval of applications under section 505(b)(2), EXON AMENDMENT NO. 4132 sistance operations and activities, counter- 505(j), 507, or 512(n), of the Federal Food, terrorism operations and activities, disaster Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) (Ordered to lie on the table.) relief activities, and counter-drug operations and (j), 357, 360b(n)) submitted on or after the Mr. EXON submitted an amendment and activities. date of enactment of this Act; and intended to be proposed by him to the (4) The term ‘‘peace operations’’ means (2) the approval or effective date of ap- bill, S. 1745, supra; as follows: military operations in support of diplomatic proval of all pending applications that have At the end of subtitle E of title III, add the efforts to reach long-term political settle- not received final approval as of the date of following: enactment of this Act. ments of conflicts and includes peacekeeping SEC. 368. AUTHORITY OF AIR NATIONAL GUARD operations and peace enforcement oper- TO PROVIDE CERTAIN SERVICES AT ations. DORGAN AMENDMENT NO. 4130 LINCOLN MUNICIPAL AIRPORT, LIN- COLN, NEBRASKA (Ordered to lie on the table.) (a) AUTHORITY.—Subject to subsection (b), PRYOR (AND OTHERS) Mr. DORGAN submitted an amend- AMENDMENT NO. 4129 the Air National Guard may provide fire pro- ment intended to be proposed by him tection services and rescue services relating (Ordered to lie on the table.) to the bill, S. 1745, supra; as follows: to aircraft at Lincoln Municipal Airport, Mr. PRYOR (for himself, Mr. CHAFEE, At the appropriate place in the bill, add Lincoln, Nebraska, on behalf of the Lincoln Mr. BROWN, Mr. BRYAN, Mr. LEAHY, and the following new section: Municipal Airport Authority, Lincoln, Ne- braska. Mr. DORGAN) submitted an amendment SEC. . SENSE OF THE SENATE ON MILITARY intended to be proposed by them to the HONORS AT FUNERALS. (b) AGREEMENT.—The Air National Guard may not provide services under subsection bill, S. 1745, supra; as follows: (a) FINDINGS.—The Senate finds that— (a) until the Air National Guard and the au- At the end of subtitle F of title X add the (1) in an April 24, 1996 incident in Grand thority enter into an agreement under which following: Forks, North Dakota, a security specialist at Grand Forks Air Force Base shot his former the authority reimburses the Air National SEC. 1072. EQUITABLE TREATMENT FOR THE GE- Guard for the cost of the services provided. NERIC DRUG INDUSTRY. girlfriend to death and then was killed by (a) SENSE OF THE SENATE.—It is the sense Grand Forks police when he turned his weap- of the Senate that the generic drug industry on on them; GLENN AMENDMENT NO. 4133 should be provided equitable relief in the (2) on April 29, at the request of his family, (Ordered to lie on the table.) the airman was buried with military honors same manner as other industries are pro- Mr. GLENN submitted an amend- vided with such relief under the patent tran- in the National Cemetery at Biloxi, Mis- sitional provisions of section 154(c) of title sissippi, at a cost to the taxpayer of $5,468; ment intended to be proposed by him 35, United States Code, as amended by sec- (3) relevant law (10 USC 1482) appears to to the bill, S. 1745, supra; as follows: tion 532 of the Uruguay Round Agreements give the Service Secretaries discretion to On page 330, strike out lines 9 through 24. Act of 1994 (Public Law 103–465; 108 Stat. deny honors to a deceased servicemember; On pages 331 and 332, strike out lines 1 4983). (4) the relevant regulation (Department of through 24. (b) APPROVAL OF APPLICATIONS OF GENERIC Defense Directive 1300.15, September 30, 1985) On pages 333, 334, 335 and 336, strike out DRUGS.—For purposes of acceptance and con- appears to give no discretion to deny honors: lines 1 through 25. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6859 On page 337, strike out lines 1 through 24. Mr. HEFLIN submitted six amend- SEC. 1072. INFORMATION TECHNOLOGY MANAGE- On pages 338 and 339, strike out lines 1 ments intended to be proposed by him MENT AMENDMENTS. through 25. to the bill, S. 1745, supra; as follows: (a) REFORMS INDEPENDENT OF PAPERWORK On page 340, strike out lines 1 through 6. REDUCTION LAW.—Title LI of the Information On page 340, line 7, strike out ‘‘Sec. 1122.’’ AMENDMENT NO. 4135 Technology Management Reform Act of 1996 and insert in lieu thereof ‘‘Sec. 1121.’’ At the end of subtitle C of title II, add the (Public Law 104–106; 110 Stat. 680) is amend- following: ed— DORGAN AMENDMENT NO. 4134 SEC. 237. DESIGNATION OF THE ARMY AS LEAD (1) by striking out sections 5111 and 5121 (40 SERVICE IN THE NATIONAL MISSILE U.S.C. 1411 and 1421); (Ordered to lie on the table.) DEFENSE JOINT PROGRAM OFFICE Mr. DORGAN submitted an amend- (2) in section 5112(a), by striking out ‘‘in FOR INITIAL DEPLOYMENT PHASE fulfilling the responsibilities under section OF NATIONAL MISSILE DEFENSE ment intended to be proposed by him 3504(h) of title 44, United States Code’’; to the bill, S. 1745, supra; as follows: PROGRAM. The Director of the Ballistic Missile De- (3) in section 5113(a), by striking out ‘‘in On page 398, after line 23, add the follow- fulfilling the responsibilities assigned under ing: fense Organization shall designate the Army as the lead service in the National Missile section 3504(h) of title 44, United States SEC. 2828. LAND CONVEYANCE, WILLIAM LANGER Defense Joint Program Office for the initial Code’’; JEWEL BEARING PLANT, ROLLA, (4) in section 5122(a), by striking out ‘‘In NORTH DAKOTA. deployment phase of the national missile de- fense program. fulfilling the responsibilities assigned under (A) AUTHORITY TO CONVEY.—The Adminis- section 3506(h) of title 44, United States trator of General Services may convey, with- AMENDMENT NO. 4136 Code, the’’ and inserting in lieu thereof out consideration, to the Job Development ‘‘The’’; and Authority of the City of Rolla, North Dakota In section 1102(a)(2), strike out ‘‘during fis- (5) in section 5123(a), by striking out ‘‘In (in this section referred to as the ‘‘Author- cal year 1997’’. fulfilling the responsibilities under section ity’’), all right, title, and interest of the 3506(h) of title 44, United States Code, the’’ United States in and to a parcel of real prop- AMENDMENT NO. 4137 and inserting in lieu thereof ‘‘The’’. erty, with improvements thereon and all as- At the end of subtitle B of title I, add the (b) NATIONAL SECURITY SYSTEMS.—Sections sociated personal property, consisting of ap- following: 5141 of the Information Technology Manage- proximately 9.77 acres and comprising the SEC. 113. TYPE CLASSIFICATION OF ELECTRO ment Reform Act (110 Stat. 689) is amended William Langer Jewel Bearing Plant in OPTIC AUGMENTATION (EOA) SYS- by striking subsections (a) and (b) and in- Rolla, North Dakota. TEM. serting ‘‘Notwithstanding any other provi- (b) CONDITION OF CONVEYANCE.—The con- (a) REQUIREMENT.—The Secretary of the sion of law, systems to which this title ap- veyance authorized under subsection (a) Army shall type classify the Electro Optic plies include national security systems.’’ shall be subject to the condition that the Au- Augmentation (EOA) system. (c) RELATIONSHIP TO OTHER LAWS.—Section thority— (b) FUNDING.—Of the amounts authorized 5703 of the Information Technology Manage- (1) use the real and personal property and to be appropriated for the Army by this divi- ment Reform Act of 1996 (110 Stat. 703) is improvements conveyed under that sub- sion, $100,000 shall be made available to the amended— section for economic development relating Armored Systems Modernization Program (1) by striking out subsection (b); and to the jewel bearing plant; manager for the type classification required (2) enter into an agreement with an appro- (2) in subsection (a), by striking out ‘‘(a) by subsection (a). priate public or private entity or person to RELATIONSHIP TO TITLE 44, UNITED STATES lease such property and improvements to CODE.—’’. AMENDMENT NO. 4138 that entity or person for such economic de- At the end of subtitle B of title I, add the velopment; or AMENDMENT NO. 4142 (3) enter into an agreement with an appro- following: At the end of subtitle F of title X add the priate public or private entity or person to SEC. 113. BRADLEY TOW 2 TEST PROGRAM SETS. following: sell such property and improvements to that Notwithstanding any other provision of entity or person for such economic develop- law, the funds appropriated pursuant to the SEC. 1072. INFORMATION TECHNOLOGY MANAGE- ment. authorization of appropriations in section MENT AMENDMENTS. (c) PREFERENCE FOR DOMESTIC DISPOSAL OF 101(3) of the National Defense Authorization (a) REPORTING OF SIGNIFICANT DEVIATIONS JEWEL BEARINGS.—(1) In offering to enter Act for Fiscal Year 1996 (110 Stat. 204) and FROM COST, PERFORMANCE, AND SCHEDULE into agreements pursuant to any provision of available for the procurement of Armored GOALS.—Section 5127 of the Information law for the disposal of jewel bearings from Gun System Test Program sets shall be Technology Management Reform Act of 1996 the National Defense Stockpile, the Presi- made available instead for the procurement (division E of Public Law 104–106; 110 Stat. dent shall give a right of first refusal on all of Bradley TOW 2 Test Program sets. 687; 40 U.S.C. 1427) is amended— such offers to the Authority or to the appro- (1) by striking out ‘‘The head of an execu- priate public or private entity or person with AMENDMENT NO. 4139 tive agency’’ and inserting in lieu thereof which the Authority enters into an agree- In section 330, in the matter preceeding ‘‘(a) IN GENERAL.—Except in the case of a na- ment under subsection (b). paragraph (1), insert ‘‘, the Letterkenny tional security system program, the head of (2) For the purposes of this section, the Army Depot,’’ after ‘‘Sacramento Air Logis- an executive agency’’; and term ‘‘National Defense Stockpile’’ means tics Center’’. (2) by adding at the end the following: the stockpile provided for in section 4 of the ‘‘(b) SEPARATE REPORTING FOR NATIONAL Strategic and Critical Materials Stock Pil- AMENDMENT NO. 4140 SECURITY SYSTEMS.—The head of each execu- ing Act (50 U.S.C. 98(c)). tive agency shall submit to Congress an an- At the end of subtitle C of title I, add the (d) AVAILABILITY OF FUNDS FOR MAINTE- nual report that identifies each major infor- following: NANCE AND CONVEYANCE OF PLANT.—Notwith- mation technology acquisition program for standing any other provision of law, funds SEC. 125. PROCUREMENT OF MAIN FEED PUMP acquisition of a national security system for available in fiscal year 1995 for the mainte- TURBINES FOR THE CONSTELLA- that agency, and each phase or increment of TION (CV–64). nance of the William Langer Jewel Bearing such a program, that has significantly devi- (a) INCREASED AUTHORIZATION.—The Plant in Public Law 103–335 shall be avail- ated during the year covered by the report amount authorized to be appropriated by able for the maintenance of that plant in fis- from the cost, performance, or schedule section 102(4) is hereby increased by cal year 1996, pending conveyance, and for goals established for the program. the conveyance of that plant under this sec- $4,200,000. ‘‘(c) NATIONAL SECURITY SYSTEM DE- tion. (b) AUTHORITY TO PROCURE.—Of the FINED.—In this section, the term ‘national (e) DESCRIPTION OF PROPERTY.—The exact amount authorized to be appropriated by acreage and legal description of the property section 102(4), as increased by subsection (a), security system’ has the meaning given such conveyed under this section shall be deter- $4,200,000 shall be available for the procure- term in section 5142.’’. mined by a survey satisfactory to the Ad- ment of main feed pump turbines for the (b) APPLICABILITY OF MANAGEMENT RE- ministrator. The cost of the survey shall be Constellation (CV–64). FORMS TO NATIONAL SECURITY SYSTEMS.— borne by the Administrator. Section 5141(b) of the Information Tech- nology Management Reform Act of 1996 (110 (f) ADDITIONAL TERMS AND CONDITIONS.— COHEN AMENDMENTS NOS. 4141– The Administrator may require such addi- Stat. 689; 40 U.S.C. 1451(b)) is amended— tional terms and conditions in connection 4143 (1) in paragraph (1), by striking out ‘‘and with the conveyance under this section as (Ordered to lie on the table.) 5126’’ and inserting in lieu thereof ‘‘5126, and the Administrator determines appropriate to Mr. COHEN submitted three amend- 5127’’; protect the interests of the United States. ments intended to be proposed by him (2) by striking out paragraph (2) and in- serting in lieu thereof the following: to the bill, S. 1745, supra; as follows: HEFLIN AMENDMENTS NOS. 4135– ‘‘(2) CAPITAL PLANNING AND INVESTMENT AMENDMENT NO. 4141 CONTROL.—(A) National security systems 4140 At the end of subtitle F of title X add the shall be subject to sections 5112(c) and 5122 (Ordered to lie on the table.) following: (other than subsection (b)(4) of section 5122). S6860 CONGRESSIONAL RECORD — SENATE June 25, 1996 ‘‘(B) To the maximum extent practicable, for residence in temporary quarters may be made available to the United States pursu- the heads of executive agencies shall apply extended up to an additional 60 days if the ant to the Panama Canal Treaty of 1977 and the other provisions of section 5112 and sec- head of the agency concerned or the designee related agreements (as described in section tion 5122(b)(4) to national security sys- of such head of the agency determines that 3(a) of the Panama Canal Act of 1979).’’. tems.’’; and there are compelling reasons for the contin- (b) RELOCATION SERVICES.—Section 5724c of (3) in paragraph (3)— ued occupancy of temporary quarters. title 5, United State Code, is amended to (A) in subparagraph (A), by inserting ‘‘(3) The regulations implementing para- read as follows: ‘‘maximum’’ before ‘‘extent practicable’’; graph (1)(A) shall prescribe daily rates and ‘‘§ 5724c. Relocation services and amounts for subsistence expenses per indi- ‘‘Under regulations prescribed under sec- (B) in subparagraph (B) by striking out vidual.’’. tion 5737, each agency may enter into con- ‘‘section 5113(b)(5) except for subparagraph SEC. 1313. MODIFICATION OF RESIDENCE TRANS- tracts to provide relocation services to agen- (B)(iv) of that section’’ and inserting in lieu ACTION EXPENSES ALLOWANCE. cies and employees for the purpose of carry- thereof ‘‘paragraphs (1), (2), and (5) of section (a) EXPENSES OF SALE.—Section 5724a of ing out this subchapter. An agency may pay 5113(b), except for paragraph (5)(B)(iv)’’. title 5, United States Code, is further amend- a fee for such services. Such services include (c) RELATIONSHIP TO OTHER LAWS.—Section ed by adding at the end the following new arranging for the purchase of a transferred 5703 of the Information Technology Manage- subsection: employee’s residence.’’. ment Reform Act of 1996 (110 Stat. 703) is ‘‘(d)(1) An agency shall pay to or on behalf SEC. 1314. AUTHORITY TO PAY FOR PROPERTY amended— of an employee who transfers in the interest MANAGEMENT SERVICES. (1) by striking out subsection (b); and of the Government, expenses of the sale of Section 5724a of title 5, United States Code, (2) in subsection (a), by striking out ‘‘(a) the residence (or the settlement of an is further amended— RELATIONSHIP TO TITLE 44, UNITED STATES unexpired lease) of the employee at the old (1) in subsection (d) (as added by section CODE.—’’. official station and purchase of a residence 1313 of this title)— at the new official station that are required (A) by redesignating paragraph (8) as para- AMENDMENT NO. 4143 to be paid by the employee, when the old and graph (9); and At the end of division A add the following new official stations are located within the (B) by inserting after paragraph (7) the fol- new title: United States. lowing new paragraph: TITLE XIII—FEDERAL EMPLOYEE TRAVEL ‘‘(2) An agency shall pay to or on behalf of ‘‘(8) An agency may pay to or on behalf of REFORM an employee who transfers in the interest of an employee who transfers in the interest of SEC. 1301. SHORT TITLE. the Government from a post of duty located the Government, expenses of property man- This title may be cited as the ‘‘Travel Re- outside the United States to an official sta- agement services when the agency deter- form and Savings Act of 1996’’. tion within the United States (other than mines that such transfer is advantageous the official station within the United States Subtitle A—Relocation Benefits and cost-effective to the Government, in- from which the employee was transferred stead of expenses under paragraph (2) or (3) SEC. 1311. MODIFICATION OF ALLOWANCE FOR when assigned to the foreign tour of duty)— of this subsection, for sale of the employee’s SEEKING PERMANENT RESIDENCE ‘‘(A) expenses required to be paid by the QUARTERS. residence.’’; and employee of the sale of the residence (or the Section 5724a of title 5, United States Code, (2) by adding at the end the following new settlement of an unexpired lease) of the em- is amended to read as follows: subsection: ployee at the old official station from which ‘‘(e) An agency may pay to or on behalf of ‘‘§ 5724a. Relocation expenses of employees the employee was transferred when the em- an employee who transfers in the interest of transferred or reemployed ployee was assigned to the post of duty lo- the Government, the expenses of property ‘‘(a) An agency shall pay to or on behalf of cated outside the United States; and management services when the employee an employee who transfers in the interest of ‘‘(B) expenses required to be paid by the transfers to a post of duty outside the United the Government, a per diem allowance or the employee of the purchase of a residence at States as defined in subsection (d) of this actual subsistence expenses, or a combina- the new official station within the United section. Such payment shall terminate upon tion thereof, of the immediate family of the States. return of the employee to an official station employee for en route travel of the imme- ‘‘(3) Reimbursement of expenses under within the United States as defined in sub- diate family between the employee’s old and paragraph (2) of this subsection shall not be section (d) of this section.’’. new official stations. allowed for any sale (or settlement of an SEC. 1315. AUTHORITY TO TRANSPORT A PRI- ‘‘(b)(1) An agency may pay to or on behalf unexpired lease) or purchase transaction VATELY OWNED MOTOR VEHICLE of an employee who transfers in the interest that occurs prior to official notification that WITHIN THE CONTINENTAL UNITED of the Government between official stations the employee’s return to the United States STATES. located within the United States— would be to an official station other than the (a) IN GENERAL.—Section 5727 of title 5, ‘‘(A) the expenses of transportation, and ei- official station from which the employee was United States Code, is amended— ther a per diem allowance or the actual sub- transferred when assigned to the post of duty (1) by redesignating subsections (c) sistence expenses, or a combination thereof, outside the United States. through (e) as subsections (d) through (f), re- of the employee and the employee’s spouse ‘‘(4) Reimbursement for brokerage fees on spectively; for travel to seek permanent residence quar- the sale of the residence and other expenses (2) by inserting after subsection (b) the fol- ters at a new official station; or under this subsection may not exceed those lowing new subsection: ‘‘(B) the expenses of transportation, and an customarily charged in the locality where ‘‘(c) Under regulations prescribed under amount for subsistence expenses in lieu of a the residence is located. section 5737, the privately owned motor vehi- per diem allowance or the actual subsistence ‘‘(5) Reimbursement may not be made cle or vehicles of an employee, including a expenses or a combination thereof, author- under this subsection for losses incurred by new appointee or a student trainee for whom ized in subparagraph (A) of this paragraph. the employee on the sale of the residence. travel and transportation expenses are au- ‘‘(2) Expenses authorized under this sub- ‘‘(6) This subsection applies regardless of thorized under section 5723, may be trans- section may be allowed only for one round whether title to the residence or the ported at Government expense to a new offi- trip in connection with each change of sta- unexpired lease is— cial station of the employee when the agency tion of the employee.’’. ‘‘(A) in the name of the employee alone; determines that such transport is advan- SEC. 1312. MODIFICATION OF TEMPORARY QUAR- ‘‘(B) in the joint names of the employee tageous and cost-effective to the Govern- TERS SUBSISTENCE EXPENSES AL- and a member of the employee’s immediate ment.’’; and LOWANCE. family; or (3) in subsection (e) (as so redesignated), by Section 5724a of title 5, United States Code, ‘‘(C) in the name of a member of the em- striking ‘‘subsection (b) of this section’’ and is further amended by adding at the end the ployee’s immediate family alone. by inserting ‘‘subsection (b) or (c) of this sec- following new subsection: ‘‘(7)(A) In connection with the sale of the tion’’. ‘‘(c)(1) An agency may pay to or on behalf residence at the old official station, reim- (b) AVAILABILITY OF APPROPRIATIONS.—(1) of an employee who transfers in the interest bursement under this subsection shall not Section 5722(a) of title 5, United States Code, of the Government— exceed 10 percent of the sale price. is amended— ‘‘(A) actual subsistence expenses of the em- ‘‘(B) In connection with the purchase of a (A) by striking ‘‘and’’ at the end of para- ployee and the employee’s immediate family residence at the new official station, reim- graph (1); for a period of up to 60 days while occupying bursement under this subsection shall not (B) by striking the period at the end of temporary quarters when the new official exceed 5 percent of the purchase price. paragraph (2) and inserting ‘‘; and’’; and station is located within the United States ‘‘(8) For purposes of this subsection, the (C) by adding at the end the following: as defined in subsection (d) of this section; or term ‘United States’ means the several ‘‘(3) the expenses of transporting a pri- ‘‘(B) an amount for subsistence expenses States of the United States, the District of vately owned motor vehicle to the extent au- instead of the actual subsistence expenses Columbia, the territories and possessions of thorized under section 5727(c).’’. authorized in subparagraph (A) of this para- the United States, the Commonwealth of (2) Section 5723(a) of title 5, United States graph. Puerto Rico, the Commonwealth of the Code, is amended— ‘‘(2) The period authorized in paragraph (1) Northern Mariana Islands, and the areas and (A) by striking ‘‘and’’ at the end of para- of this subsection for payment of expenses installations in the Republic of Panama graph (1); June 25, 1996 CONGRESSIONAL RECORD — SENATE S6861 (B) by inserting ‘‘and’’ after the semicolon ‘‘§ 5756. Home marketing incentive payment (3) Section 5724(e) of title 5, United States at the end of paragraph (2); and ‘‘(a) Under such regulations as the Admin- Code, is amended by striking ‘‘section (C) by adding at the end the following: istrator of General Services may prescribe, 5724a(a), (b) of this title’’ and inserting ‘‘sec- ‘‘(3) the expenses of transporting a pri- an agency may pay to an employee who tion 5724a(a) through (g) of this title’’. vately owned motor vehicle to the extent au- transfers in the interest of the Government (b) MISCELLANEOUS.—(1) Section 707 of title thorized under section 5727(c);’’. an amount, not to exceed a maximum pay- 38, United States Code, is amended— (A) in subsection (a)(6), by striking ‘‘Sec- SEC. 1316. AUTHORITY TO PAY LIMITED RELOCA- ment amount established by the Adminis- TION ALLOWANCES TO AN EM- trator in consultation with the Director of tion 5724a(a)(3)’’ and inserting ‘‘Section PLOYEE WHO IS PERFORMING AN the Office of Management and Budget, to en- 5724a(c)’’; and EXTENDED ASSIGNMENT. courage the employee to aggressively mar- (B) in subsection (a)(7), by striking ‘‘Sec- (a) IN GENERAL.—Subchapter II of chapter ket the employee’s residence at the old offi- tion 5724a(a)(4)’’ and inserting ‘‘section 57 of title 5, United States Code, is amended cial station when— 5724a(d)’’. by adding at the end the following new sec- ‘‘(1) the residence is entered into a pro- (2) Section 501 of the Public Health Service tion: gram established under a contract in accord- Act (42 U.S.C. 290aa) is amended— ance with section 5724c of this chapter, to ar- (A) in subsection (g)(2)(A), by striking ‘‘§ 5736. Relocation expenses of an employee ‘‘5724a(a)(1)’’ and inserting ‘‘5724a(a)’’; and who is performing an extended assignment range for the purchase of the residence; ‘‘(2) the employee finds a buyer who com- (B) in subsection (g)(2)(A), by striking ‘‘(a) Under regulations prescribed under pletes the purchase of the residence through ‘‘5724a(a)(3)’’ and inserting ‘‘5724a(c)’’. (3) Section 925 of the Public Health Service section 5737, an agency may pay to or on be- the program; and Act (42 U.S.C. 299c–4) is amended— half of an employee assigned from the em- ‘‘(3) the sale of the residence to the individ- (A) in subsection (f)(2)(A), by striking ployee’s official station to a duty station for ual results in a reduced cost to the Govern- ‘‘5724a(a)(1)’’ and inserting ‘‘5724a(a)’’; and a period of no less than 6 months and no ment. greater than 30 months, the following ex- ‘‘(b) For fiscal years 1997 and 1998, the Ad- (B) in subsection (f)(2)(A), by striking penses in lieu of payment of expenses author- ministrator shall establish a maximum pay- ‘‘5724a(a)(3)’’ and inserting ‘‘5724a(c)’’. ized under subchapter I of this chapter: ment amount of 5 percent of the sales price Subtitle B—Miscellaneous Provisions ‘‘(1) Travel expenses to and from the as- of the residence.’’. SEC. 1331. REPEAL OF THE LONG-DISTANCE signment location in accordance with sec- (b) CLERICAL AMENDMENT.—The table of TELEPHONE CALL CERTIFICATION tion 5724. sections for chapter 57 of title 5, United REQUIREMENT. ‘‘(2) Transportation expenses of the imme- States Code, is amended by inserting at the Section 1348 of title 31, United States Code, diate family and household goods and per- end the following: is amended— sonal effects to and from the assignment lo- ‘‘5756. Home marketing incentive payment.’’. (1) by striking the last sentence of sub- cation in accordance with section 5724. SEC. 1318. CONFORMING AMENDMENTS. section (a)(2); ‘‘(3) A per diem allowance for the employ- (a) AMENDMENTS TO TITLE 5, UNITED STATES (2) by striking subsection (b); and ee’s immediate family to and from the as- CODE.—(1) Section 5724a of title 5, United (3) by redesignating subsections (c) and (d) signment location in accordance with sec- States Code, is further amended by adding at as subsections (b) and (c), respectively. tion 5724a(a). the end the following new subsections: SEC. 1332. TRANSFER OF AUTHORITY TO ISSUE ‘‘(4) Travel and transportation expenses of ‘‘(g)(1) Subject to paragraph (2), an em- REGULATIONS. the employee and spouse to seek residence ployee who is reimbursed under subsections (a) IN GENERAL.—Subchapter II of chapter quarters at the assignment location in ac- (a) through (f) of this section or section 57 of title 5, United States Code, is further cordance with section 5724a(b). 5724(a) of this title is entitled to an amount amended by adding at the end the following ‘‘(5) Subsistence expenses of the employee for miscellaneous expenses— new section: and the employee’s immediate family while ‘‘(A) not to exceed 2 weeks’ basic pay, if ‘‘§ 5737. Regulations occupying temporary quarters upon com- such employee has an immediate family; or ‘‘(a) Except as specifically provided in this mencement and termination of the assign- ‘‘(B) not to exceed 1 week’s basic pay, if subchapter, the Administrator of General ment in accordance with section 5724a(c). such employee does not have an immediate Services shall prescribe regulations nec- ‘‘(6) An amount, in accordance with section family. essary for the administration of this sub- 5724a(g), to be used by the employee for mis- ‘‘(2) Amounts paid under paragraph (1) may chapter. cellaneous expenses. not exceed amounts determined at the maxi- ‘‘(b) The Administrator of General Services ‘‘(7) The expenses of transporting a pri- mum rate payable for a position at GS–13 of shall prescribe regulations necessary for the vately owned motor vehicle or vehicles to the General Schedule. implementation of section 5724b of this sub- the assignment location in accordance with ‘‘(h) A former employee separated by rea- chapter in consultation with the Secretary section 5727. son of reduction in force or transfer of func- of the Treasury. ‘‘(8) An allowance as authorized under sec- tion who within 1 year after the separation is ‘‘(c) The Secretary of Defense shall pre- tion 5724b of this title for Federal, State, and reemployed by a nontemporary appointment scribe regulations necessary for the imple- local income taxes incurred on reimburse- at a different geographical location from mentation of section 5735 of this sub- ment of expenses paid under this section or that where the separation occurred, may be chapter.’’. on services provided in kind under this sec- allowed and paid the expenses authorized by (b) CLERICAL AMENDMENT.—The table of tion. sections 5724, 5725, 5726(b), and 5727 of this sections for chapter 57 of title 5, United ‘‘(9) Expenses of nontemporary storage of title, and may receive the benefits author- States Code, is further amended by inserting household goods and personal effects as de- ized by subsections (a) through (g) of this after the item relating to section 5736 the fined in section 5726(a). The weight of the section, in the same manner as though such following new item: household goods and personal effects stored employee had been transferred in the inter- ‘‘5737. Regulations.’’. under this subsection, together with the est of the Government without a break in (c) CONFORMING AMENDMENTS.—(1) Section weight of property transported under section service to the location of reemployment 5722 of title 5, United States Code, is amend- 5724(a), may not exceed the total maximum from the location where separated. ed by striking ‘‘Under such regulations as weight which could be transported in accord- ‘‘(i) Payments for subsistence expenses, in- the President may prescribe’’, and inserting ance with section 5724(a). cluding amounts in lieu of per diem or actual ‘‘Under regulations prescribed under section ‘‘(10) Expenses of property management subsistence expenses or a combination there- 5737 of this title’’. services. of, authorized under this section shall not (2) Section 5723 of title 5, United States ‘‘(b) An agency shall not make payment exceed the maximum payment allowed under Code, is amended by striking ‘‘Under such under this section to or on behalf of the em- regulations which implement section 5702 of regulations as the President may prescribe’’, ployee for expenses incurred after termi- this title. and inserting ‘‘Under regulations prescribed nation of the temporary assignment.’’. ‘‘(j) Subsections (a), (b), and (c) shall be under section 5737 of this title’’. implemented under regulations issued under (3) Section 5724 of title 5, United States (b) CLERICAL AMENDMENT.—The table of Code, is amended— sections for chapter 57 of title 5, United section 5737.’’. (2) Section 3375 of title 5, United States (A) in subsections (a) through (c), by strik- States Code, is amended by inserting after Code, is amended— ing ‘‘Under such regulations as the President the item relating to section 5735 the follow- (A) in subsection (a)(3), by striking ‘‘sec- may prescribe’’ each place it appears and in- ing new item: tion 5724a(a)(1) of this title’’ and inserting serting ‘‘Under regulations prescribed under ‘‘5736. Relocation expenses of an employee ‘‘section 5724a(a) of this title’’; section 5737 of this title’’; who is performing an extended (B) in subsection (a)(4), by striking ‘‘sec- (B) in subsections (c) and (e), by striking assignment.’’. tion 5724a(a)(3) of this title’’ and inserting ‘‘under regulations prescribed by the Presi- SEC. 1317. AUTHORITY TO PAY A HOME MARKET- ‘‘section 5724a(c) of this title’’; and dent’’ and inserting ‘‘under regulations pre- ING INCENTIVE. (C) in subsection (a)(5), by striking ‘‘sec- scribed under section 5737 of this title’’; and (a) IN GENERAL.—Subchapter IV of chapter tion 5724a(b) of this title’’ and inserting ‘‘sec- (C) in subsection (f), by striking ‘‘under the 57 of title 5, United States Code, is amended tion 5724a(g) of this title’’. regulations of the President’’ and inserting by adding at the end the following new sec- ‘‘under regulations prescribed under section tion: 5737 of this title’’. S6862 CONGRESSIONAL RECORD — SENATE June 25, 1996 (4) Section 5724b of title 5, United States (3) Russia has a ground-based missile de- and all munitions parts to a centrally lo- Code, is amended by striking ‘‘Under such fense system deployed around Moscow. cated incinerator within the United States regulations as the President may prescribe’’ (4) Several countries, including Iraq, Iran, for incineration. and inserting ‘‘Under regulations prescribed and North Korea may soon be techno- (b) REPORT.—Not later than 180 days after under section 5737 of this title’’. logically capable of threatening the United the date of the enactment of this Act, the (5) Section 5726 of title 5, United States States and Russia with ballistic missile at- Secretary shall submit to the appropriate Code, is amended— tack. committees of the Congress a report on the (A) in subsection (a), by striking ‘‘as the (5) In order to protect all citizens in the 50 study carried out under subsection (a). President may by regulation authorize’’ and States by 2003, it is necessary that all pos- inserting ‘‘as authorized under regulations sible actions be taken to enable America to SMITH (AND GREGG) AMENDMENT prescribed under section 5737 of this title’’; deploy a missile defense system. NO. 4146 and (b) REPORT REQUIRED.—(1) Each year, the (B) in subsections (b) and (c), by striking President shall submit to Congress a report (Ordered to lie on the table.) ‘‘Under such regulations as the President on the threats to the United States of attack Mr. SMITH (for himself and Mr. may prescribe’’ each place it appears and in- by ballistic missiles carrying nuclear, bio- GREGG) submitted an amendment in- serting ‘‘under regulations prescribed under logical, or chemical warheads. tended to be proposed by them to the section 5737 of this title’’. (2) The President shall submit the first re- bill, S. 1745, supra; as follows: (6) Section 5727(b) of title 5, United States port not later than 180 days after the date of Code, is amended by striking ‘‘Under such the enactment of this Act. At the end of subtitle C of title XXVIII, regulations as the President may prescribe’’ (c) CONTENT OF REPORT.—The report shall add the following: and inserting ‘‘Under regulations prescribed contain the following: SEC. 2828. LAND CONVEYANCE, CRAFTS BROTH- under section 5737 of this title’’. (1) A list of all countries that have nuclear, ERS RESERVE TRAINING CENTER, (7) Section 5728 of title 5, United States chemical, or biological weapons, the esti- MANCHESTER, NEW HAMPSHIRE. Code, is amended in subsections (a), (b), and mated numbers of such weapons that each (a) CONVEYANCE AUTHORIZED.—The Sec- (c)(1), by striking ‘‘Under such regulations as country has, and the destructive potential of retary of the Army may convey, without the President may prescribe’’ each place it the weapons. consideration, to Saint Anselm College, appears and inserting ‘‘Under regulations (2) A list of all countries that have ballis- Manchester, New Hampshire, all right, title, prescribed under section 5737 of this title’’. tic missiles, the estimated number of such and interest of the United States in and to a (8) Section 5729 of title 5, United States missiles that each country has, and an as- parcel of real property, including improve- Code, is amended in subsections (a) and (b), sessment of the ability of those countries to ments thereon, consisting of approximately by striking ‘‘Under such regulations as the integrate their ballistic missile capabilities 3.5 acres and located on Rockland Avenue in President may prescribe’’ each place it ap- with their nuclear, chemical, or biological Manchester, New Hampshire, the site of the pears and inserting ‘‘Under regulations pre- weapons technologies. Crafts Brothers Reserve Training Center. scribed under section 5737 of this title’’. (3) A comparison of the United States civil (b) REQUIREMENT RELATING TO CONVEY- (9) Section 5731 of title 5, United States defense capabilities with the civil defense ca- ANCE.—The Secretary may not make the Code, is amended by striking ‘‘in accordance pabilities of each country that has nuclear, conveyance authorized by subsection (a) with regulations prescribed by the Presi- chemical, or biological weapons and ballistic until the Army Reserve units currently dent’’ and inserting ‘‘in accordance with reg- missiles capable of delivering such weapons. housed at the Crafts Brothers Reserve Train- ulations prescribed under section 5737 of this (4) An estimate of the number of American ing Center are relocated to the Joint Service title’’. fatalities and injuries that would result, and Reserve Center to be constructed at the SEC. 1333. REPORT ON ASSESSMENT OF COST an estimate of the value of property that Manchester Airport, New Hampshire. SAVINGS. would be lost, from an attack on the United (c) REQUIREMENT FOR FEDERAL SCREENING No later than 1 year after the effective States by ballistic missiles carrying nuclear, OF PROPERTY.—The Secretary may not carry date of the final regulations issued under chemical, or biological weapons if the United out the conveyance of property authorized section 1334(b), the General Accounting Of- States were left undefended by a national by subsection (a) unless the Secretary deter- fice shall submit a report to the Committee missile defense system covering all 50 mines that no department or agency of the on Governmental Affairs of the Senate and States. Federal Government will accept the transfer the Committee on Government Reform and (5) Assuming the use of any existing thea- of the property. Oversight of the House of Representatives on ter ballistic missile defense system for de- (d) DESCRIPTION OF PROPERTY.—The exact an assessment of the cost savings to Federal fense of the United States, a list of the acreage and legal description of the real travel administration resulting from statu- States that would be left exposed to nuclear property to be conveyed under subsection (a) tory and regulatory changes under this Act. ballistic missile attacks and the criteria shall be determined by a survey satisfactory SEC. 1334. EFFECTIVE DATE; ISSUANCE OF REGU- used to determine which States would be left to the Secretary. LATIONS. exposed. (e) ADDITIONAL TERMS AND CONDITIONS.— (a) EFFECTIVE DATE.—The amendments (6) The means by which the United States The Secretary may require such additional made by this title shall take effect upon the is preparing to defend itself against the po- terms and conditions in connection with the expiration of the 180-day period beginning on tential threat of ballistic missile attacks by conveyance under this section as the Sec- the date of the enactment of this Act. North Korea, Iran, Iraq, and other countries retary considers appropriate to protect the (b) REGULATIONS.—The Administrator of interests of the United States. General Services shall issue final regulations obtaining ballistic missiles capable of deliv- implementing the amendments made by this ering nuclear, chemical, and biological weap- title by not later than the expiration of the ons in the near future. BROWN (AND CAMPBELL) period referred to in subsection (a). (7) For each country that is capable of at- AMENDMENT NO. 4147 Strike section 1114(b) of the bill. tacking the United States with ballistic mis- siles carrying a nuclear, biological, or chem- (Ordered to lie on the table.) ical weapon, a comparison of— Mr. BROWN (for himself and Mr. BROWN AMENDMENTS NOS. 4144– (A) the vulnerability of the United States CAMPBELL) submitted an amendment 4145 to such an attack if theater missile defenses intended to be proposed by them to the (Ordered to lie on the table.) were used to defend against the attack; and bill, S. 1745, supra; as follows: Mr. BROWN submitted two amend- (B) the vulnerability of the United States At the end of subtitle D of title III, add the ments intended to be proposed by him to such an attack if a national missile de- following: fense were in place to defend against the at- to the bill, S. 1745, supra; as follows: SEC. 352. SENSE OF SENATE REGARDING CLEAN- tack. AMENDMENT NO. 4144 UP OF ROCKY MOUNTAIN ARSENAL, COLORADO. At the end of subtitle C of title II add the AMENDMENT NO. 4145 (a) FINDINGS.—The Senate makes the fol- following: At the end of subtitle B of title I, add the lowing findings: SEC. 237. ANNUAL REPORT ON THREAT OF AT- following: (1) It is in the interest of the Department TACK BY BALLISTIC MISSILES CAR- RYING NUCLEAR, CHEMICAL, OR BI- SEC. 113. STUDY REGARDING NEUTRALIZATION of Defense and the state of Colorado to re- OLOGICAL WARHEADS. OF THE CHEMICAL WEAPONS store the Rocky Mountain Arsenal to a (a) FINDINGS.—Congress makes the follow- STOCKPILE. standard which will allow the community’s ing findings: (a) STUDY.—(1) The Secretary of Defense effective reuse of the property. (1) The worldwide proliferation of ballistic shall conduct a study to determine the cost (2) In the 20 years since the installation missiles threatens United States national in- of incineration of the current chemical mu- restoration program began, the Army and terests overseas and challenges United nitions stockpile by building incinerators at Shell Oil Company have spent nearly $1 bil- States defense planning. each existing facility compared to the pro- lion to study and control the environmental (2) In the absence of a national missile de- posed cost of dismantling those same muni- damage at Rocky Mountain Arsenal. The fense, the United States remains vulnerable tions, neutralizing them at each storage site majority of the cost has been for studying to long-range missile threats. and transporting the neutralized remains the site and resolving disagreements. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6863

(3) Totaling approximately $400 million, (b) SAVINGS PROVISION.—Nothing in this clear facilities shall be punishable under sec- the Arsenal’s study phase is the costliest in section shall be construed as affecting appli- tion 223 and 234A of the Atomic Energy Act the history of DOD clean-up programs. cable statutory or regulatory requirements of 1954 (42 U.S.C. 2282a and 42 U.S.C. 2273). (4) The study phase costs at the Rocky relating to worker health and safety. Mountain Arsenal represent at least 16 per- (c) SUPPLEMENT NOT SUPPLANT.—Nothing DeWINE (AND GLENN) AMENDMENT cent of the Army’s total study costs for ap- in this section shall prohibit the Secretary NO. 4150 proximately 1200 installations nationwide. from obligating and expending additional (5) The timely completion of environ- funds under this title for the activities re- (Ordered to lie on the table.) mental restoration at Rocky Mountain Arse- ferred to in subsection (a)(2). Mr. DEWINE (for himself and Mr. nal will reduce extraneous costs associated GLENN) submitted an amendment in- with long-term projects. AMENDMENT NO. 4149 tended to be proposed by them to the (b) SENSE OF THE SENATE.— It is the sense of the Senate that the Sec- At the end of subtitle D of title XXXI add bill, S. 1745, supra; as follows: retary of the Army should complete environ- the following: At the end of title XXVIII, add the follow- mental restoration at the Rocky Mountain SEC. 3161. WORKER HEALTH AND SAFETY PRO- ing: Arsenal in an expeditious manner and in con- TECTION. SEC. 2828. LAND CONVEYANCE, AIR FORCE PLANT formity with the time schedule and commit- (a) SAFETY COMPLIANCE REVIEW AND AC- NO. 85, COLUMBUS, OHIO. ments put forth by the Defense Department COUNTABILITY.—Consistent with authority to (a) CONVEYANCE AUTHORIZED.—(1) Notwith- during negotiations with the state, subject seek or impose penalties for violations of standing any other provision of law, the Sec- to authorize appropriations and the budget regulations relating to nuclear safety under retary of the Air Force may instruct the Ad- process. section 223 or 234A, respectively, of the ministrator of General Services to convey, Atomic Energy Act of 1954 (42 U.S.C. 2273, without consideration, to the Columbus Mu- GLENN AMENDMENTS NOS. 4148– 2282a), the Secretary shall review contractor nicipal Airport Authority (in this section re- ferred to as the ‘‘Authority’’) all right, title, 4149 and subcontractor compliance with the nu- clear safety-related regulations referred to and interest of the United States in and to a (Ordered to lie on the table.) in subsection (b) at each Department of En- parcel of real property, together with im- Mr. GLENN submitted two amend- ergy defense nuclear facility covered by the provements thereon, at Air Force Plant No. ments intended to be proposed by him regulations. 85, Columbus, Ohio, consisting of approxi- to the bill, S. 1745, supra; as follows: (b) NUCLEAR SAFETY-RELATED REGULATIONS mately 240 acres that contains the land and buildings referred to as the ‘‘airport parcel’’ AMENDMENT NO. 4148 COVERED.—The regulations with which com- pliance is to be reviewed under this section in the correspondence from the General At the end of subtitle D of title XXXI add Services Administration to the Authority the following: are as follows: (1) The nuclear safety management regula- dated April 30, 1996, and is located adjacent SEC. 3161. WORKER HEALTH AND SAFETY IM- tions set forth in part 830 of title 10 of the to the Port Columbus International Airport. PROVEMENTS AT THE DEFENSE NU- (2) If the Secretary does not have adminis- Code of Federal Regulations (as amended, if CLEAR COMPLEX, MIAMISBURG, trative jurisdiction over the parcel on the amended). OHIO. date of the enactment of this Act, the con- (2) The occupational radiation protection (a) WORKER HEALTH AND SAFETY ACTIVI- veyance shall be made by the Federal official regulations set forth in part 835 of title 10 of TIES.—(1) Of the funds authorized to be ap- who has administrative jurisdiction over the propriated pursuant to section 3102(b), the Code of Federal Regulations (as amend- parcel as of that date. $6,200,000 shall be available to the Secretary ed, if amended). (b) REQUIREMENT FOR FEDERAL SCREEN- of Energy to perform, in accordance with a (c) REPORTING REQUIREMENTS.—(1) Subject ING.—The Federal official may not carry out settlement of Levell et al. v. Monsanto Re- to paragraph (2), the Secretary shall include the conveyance of property authorized in search Corp. et al., Case Number C–3–95–312 in in the annual report submitted to Congress subsection (a) unless the Federal official de- the United States District Court for the pursuant to section 170(p) of the Atomic En- termines, in consultation with the Adminis- Southern District of Ohio, activities to im- ergy Act of 1954 (42 U.S.C. 2210(p)) a report on trator of General Services, that no depart- prove worker health and safety at the de- contractor and subcontractor compliance ment or agency of the Federal Government fense nuclear complex at Miamisburg, Ohio. with the nuclear safety-related regulations will accept the transfer of the property. (2) Activities under paragraph (1) shall in- referred to in subsection (b). The report shall (c) CONDITION OF CONVEYANCE.—The con- clude the following: include the following matters: veyance required under subsection (a) shall (A) Completing the evaluation of pre-1989 (A) A list of facilities evaluated and discus- be subject to the condition that the Author- internal dose assessments for workers who sion of progress made in meeting the compli- ity use the conveyed property for public air- have received a lifetime dose greater than 20 ance review requirement set forth in sub- port purposes. REM. section (a). (d) REVERSION.—If the Federal official (B) Installing state-of-the-art automated (B) A list of noncompliance events and vio- making the conveyance under subsection (a) personnel contamination monitors at appro- lations identified in the compliance review. determines that any portion of the conveyed priate radiation control points and facility (C) A list of actions taken under sections property is not being utilized in accordance exits. 223 and 234A of the Atomic Energy Act of with subsection (c), all right, title, and inter- (C) Purchasing and installing an auto- 1954 and the nuclear safety-related regula- est in and to such portion shall revert to the mated personnel access control system, and tions. United States and the United States shall integrating the software for the system with (D) Improvements in public safety and have immediate right of entry thereon. a radiation work permit system. worker protection that have been required (e) DESCRIPTION OF PROPERTY.—The exact (D) Upgrading the radiological records by the Secretary on the basis of the results acreage and legal description of the real software. of the compliance review. property to be conveyed under subsection (a) (E) Immediately implementing a program shall be determined by a survey satisfactory (E) A description of the effectiveness of that will characterize the radiological condi- to the Federal official making the convey- compliance review. tions of the site, buildings, and facilities be- ance. The cost of the survey shall be borne (2)(A) The first annual report under para- fore decontamination activities commence by the Authority. graph (1) shall be included in the annual re- so that radiological hazards are clearly iden- (f) ADDITIONAL TERMS AND CONDITIONS.— port that is required by section 170(p) of the tified and the results of decontamination The Federal official making the conveyance Atomic Energy Act of 1954 to be submitted validated. of property under subsection (a) may require (F) Reviewing and improving the conduct to Congress not later than April 1, 1997. such additional terms and conditions in con- and evaluation of continuous air monitoring (B) No report is required under paragraph nection with the conveyance as much official practices and implementing a personal air (1) after all defense nuclear facilities covered considered appropriate to protect the inter- sampling program as a means of preventing by the regulations referred to in subsection ests of the United States. unnecessary internal exposure. (a) have undergone compliance review pursu- ant to this section. (G) Upgrading bioassay analytical proce- LEAHY AMENDMENT NO. 4151 dures in order to ensure that contract lab- (d) PERSONNEL.—The Secretary shall en- oratories are adequately selected and vali- sure that the number of qualified personnel (Ordered to lie on the table.) dated and quality control is assured. used to carry out the compliance review Mr. LEAHY submitted an amend- (H) Implementing bioassay and internal under this section is sufficient for achieving ment intended to be proposed by him dose calculation methods that are specific to effective results. Only Federal employees to the bill, S. 1745, supra; as follows: the radiological hazards identified at the may be used to carry out a compliance re- At the end of subtitle A of title II, add the site. view activity under this section. following: (e) REGULATIONS.—Effective 18 months (3)(A) The Secretary shall complete the ac- SEC. 204. FUNDS FOR RESEARCH, DEVELOPMENT, tivities referred to in paragraph (2)(A) not after the date of the enactment of the Act, TEST, AND EVALUATION RELATING later than September 30, 1997. violations of regulations prescribed by the TO HUMANITARIAN DEMINING (B) The Secretary shall ensure that the ac- Secretary to protect contractor and sub- TECHNOLOGIES. tivities referred to in paragraph (2)(F) are contractor employees from non-nuclear haz- Of the amounts authorized to be appro- completed not later than December 31, 1996. ards at Department of Energy defense nu- priated by section 201(4), $18,000,000 shall be S6864 CONGRESSIONAL RECORD — SENATE June 25, 1996 available for research, development, test, (3) The transfer of lands under paragraph THE SENATE CAMPAIGN FINANCE and evaluation activities relating to human- (1) shall be carried out in accordance with REFORM ACT OF 1996 itarian demining technologies (PE0603120D), the Interagency Agreement Between the De- to be administered by the Assistant Sec- partment of the Interior, the National Park retary of Defense for Special Operations and Service, and the Department of the Army, HOLLINGS AMENDMENT NO. 4155 Low Intensity Conflict. dated February 22, 1995. (4) The exact acreage and legal descrip- (Ordered to lie on the table.) Mr. HOLLINGS submitted an amend- ROBB (AND WARNER) tions of the lands to be transferred under paragraph (1) shall be determined by surveys ment intended to be proposed by him AMENDMENTS NOS. 4152–4153 satisfactory to the Secretary of the Interior to the bill (S. 1219) to reform the fi- (Ordered to lie on the table.) and the Secretary of the Army. nancing of Federal elections, and for Mr. ROBB (for himself and Mr. WAR- other purposes; as follows: NER) submitted two amendments in- HELMS AMENDMENT NO. 4154 In lieu of the matter proposed to be in- tended to be proposed by them to the (Ordered to lie on the table.) serted, insert the following: bill, S. 1745, supra; as follows: Mr. HELMS submitted an amend- SECTION 1. PROPOSED AMENDMENT TO THE AMENDMENT NO. 4152 ment intended to be proposed by him CONSTITUTION RELATIVE TO CON- TRIBUTIONS AND EXPENDITURES At the end of subtitle E of title X, add the to the bill, S. 1745, supra; as follows: INTENDED TO AFFECT ELECTIONS following: In section 1031(a), strike out ‘‘The Sec- FOR FEDERAL, STATE, AND LOCAL SEC. 1054. INFORMATION ON PROPOSED FUND- retary of Defense’’ and insert in lieu thereof OFFICE. ING FOR THE GUARD AND RESERVE ‘‘Subject to subsection (e), the Secretary of The following article is proposed as an COMPONENTS IN FUTURE-YEARS DE- Defense’’. amendment to the Constitution, which, when FENSE PROGRAMS. At the end of section 1031, add the follow- ratified by three-fourths of the legislatures, (a) REQUIREMENT.—The Secretary of De- ing: shall be valid, to all intents and purposes, as fense shall specify in each future-years de- (e) LIMITATIONS.—(1) The Secretary may part of the Constitution: fense program submitted to Congress after not obligate or expend funds to provide sup- ‘‘ARTICLE— the date of the enactment of this Act the es- port under this section until 15 days after ‘‘SECTION. 1. Congress shall have power to timated expenditures and proposed appro- the date on which the Secretary submits to priations for the procurement of equipment set reasonable limits on expenditures made the committees referred to in paragraph (3) in support of or in opposition to the nomina- and for military construction for each of the the certification described in paragraph (2). Guard and Reserve components. tion or election of any person to Federal of- (2) The certification referred to in para- fice. (b) DEFINITION.—For purposes of this ac- graph (1) is a written certification of the fol- ‘‘SECTION. 2. Each State shall have power tion, the term ‘‘Guard and Reserve compo- lowing: nents’’ means the following: to set reasonable limits on expenditures (A) That the provision of support under made in support of or in opposition to the (1) The Army Reserve. this section will not adversely affect the (2) The Army National Guard of the United nomination or election of any person to military preparedness of the United States State office. States. Armed Forces. ‘‘SECTION. 3. Each local government of gen- (3) The Naval Reserve. (B) That the equipment and materiel pro- eral jurisdiction shall have power to set rea- (4) The Marine Corps Reserve. vided as support will be used only by officials sonable limits on expenditures made in sup- (5) The Air Force Reserve. and employees of the Government of Mexico port of or in opposition to the nomination or (6) The Air National Guard of the United who have undergone a background check by election of any person to office in that gov- States. the United States Government. ernment. No State shall have power to limit (C) That the Government of Mexico has the power established by this section. AMENDMENT NO. 4153 certified to the Secretary that— ‘‘SECTION. 4. Congress shall have power to Strike out subsection (a) of section 2821 (i) the equipment and material provided as implement and enforce this article by appro- and insert in lieu thereof the following new support will be used only by the officials and priate legislation.’’. subsection (a): employees referred to in the subparagraph (a) REQUIREMENT FOR SECRETARY OF INTE- (B); f RIOR TO TRANSFER CERTAIN SECTION 29 (ii) none of the equipment or materiel will THE NATIONAL DEFENSE AUTHOR- LANDS.—(1) Subject to paragraph (2), the be transferred (by sale, gift, or otherwise) to IZATION ACT FOR FISCAL YEAR Secretary of the Interior shall transfer to any person or entity not authorized by the the Secretary of the Army administrative ju- United States to receive the equipment or 1997 risdiction over the following lands located in materiel; and section 29 of the National Park System at (iii) the equipment and materiel will be Arlington National Cemetery, Virginia: used only for the purposes intended by the LIEBERMAN (AND OTHERS) (A) The lands known as the Arlington Na- United States Government. AMENDMENT NO. 4156 tional Cemetery Interment Zone. (D) That the Government of Mexico has Mr. LIEBERMAN (for himself, Mr. (B) All lands in the Robert E. Lee Memo- implemented, to the satisfaction of the Sec- COATS, Mr. ROBB, Mr. MCCAIN, Mr. rial Preservation Zone, other than those retary, a system that will provide an ac- lands in the Preservation Zone that the Sec- counting and inventory of the equipment and NUNN, Mr. INHOFE, Mr. KEMPTHORNE, retary of the Interior determines must be re- materiel provided as support. Mr. WARNER, Mrs. HUTCHISON, Mr. tained because of the historical significance (E) That the departments, agencies, and in- SANTORUM, Mr. MURKOWSKI, Mr. LEVIN, of such lands or for the maintenance of near- strumentalities of the Government of Mexico Mr. FORD, Mr. BOND, Mr. THURMOND, by lands or facilities. will grant United States Government person- Mr. MOYNIHAN, and Mr. HOLLINGS) pro- (2)(A) The Secretary of the Interior may nel unrestricted access, on an unannounced posed an amendment to the bill, S. not make the transfer referred to in para- basis, to any of the equipment or materiel 1745, supra; as follows: graph (1)(B) until 60 days after the date on provided as support, or to any of the records which the Secretary submits to the Commit- relating to such equipment or materiel. AMENDMENT NO. 4156 tee on Armed Services of the Senate and the (F) That the Government of Mexico will At the end of title X, add the following: Committee on National Security of the provide security with respect to the equip- Subtitle G—Review of Armed Forces Force House of Representatives— ment and materiel provided as support that Structures (i) a summary of the document entitled is equal to the security that the United ‘‘Cultural Landscape and Archaeological States Government would provide with re- SEC. 1081. SHORT TITLE. Study, Section 29, Arlington House, The spect to such equipment and materiel. This subtitle may be cited as the ‘‘Armed Robert E. Lee Memorial’’; (G) That the Government of Mexico will Forces Force Structures Review Act of 1996’’. (ii) a summary of the environmental analy- permit continuous supervision by United SEC. 1082. FINDINGS. sis required with respect to the transfer States Government personnel of the use by Congress makes the following findings: under the National Environmental Policy the Government of Mexico of the equipment (1) Since the collapse of the Soviet Union Act of 1969 (42 U.S.C. 4321 et seq.); and and materiel provided as support. in 1991, the United States has conducted two (iii) the proposal of the Secretary and the (3) The committees referred to in this para- substantial assessments of the force struc- Secretary of the Army setting forth the graph are the following: ture of the Armed Forces necessary to meet lands to be transferred and the manner in (A) The Committees on Armed Services, United States defense requirements. which the Secretary of the Army will de- Appropriations, and Foreign Relations of the (2) The assessment by the Bush Adminis- velop such lands after transfer. Senate. tration (known as the ‘‘Base Force’’ assess- (B) The Secretary of the Interior shall sub- (B) The Committees on National Security, ment) and the assessment by the Clinton Ad- mit the information required under subpara- Appropriations, and International Relations ministration (known as the ‘‘Bottom-Up Re- graph (A) not later than October 31, 1997. of the House of Representatives. view’’) were intended to reassess the force June 25, 1996 CONGRESSIONAL RECORD — SENATE S6865

structure of the Armed Forces in light of the (c) ASSESSMENTS OF REVIEW.—Upon com- individuals in the private sector who are rec- changing realities of the post-Cold War pletion of the review, the Chairman of the ognized experts in matters relating to the world. Joint Chiefs of Staff and the Chairman of the national security of the United States. (3) Both assessments served an important National Defense Panel shall each prepare (c) DUTIES.—The Panel shall— purpose in focusing attention on the need to and submit to the Secretary such chairman’s (1) conduct and submit to the Secretary reevaluate the military posture of the Unit- assessment of the review in time for the in- the assessment of the review under section ed States, but the pace of global change ne- clusion of the assessment in its entirety in 1083 that is required by subsection (b)(2) of cessitates a new, comprehensive assessment the report under subsection (d). that section; of the defense strategy of the United States (d) REPORT.—Not later than May 15, 1997, (2) conduct and submit to the Secretary and the force structure of the Armed Forces the Secretary shall submit to the Committee the comprehensive assessment of the review required to meet the threats to the United on Armed Services of the Senate and the that is required by subsection (c) of that sec- States in the 21st century. Committee on National Security of the tion upon completion of the review; and (4) The Bottom-Up Review has been criti- House of Representatives a comprehensive (3) conduct the assessment of alternative cized on several points, including— report on the review. The report shall in- force structures for the Armed Forces re- (A) the assumptions underlying the strat- clude the following: quired under subsection (d). egy of planning to fight and win two nearly (1) The results of the review, including a (d) ALTERNATIVE FORCE STRUCTURE AS- simultaneous major regional conflicts; comprehensive discussion of the defense SESSMENT.—(1) The Panel shall submit to the (B) the force levels recommended to carry strategy of the United States and the force Secretary an independent assessment of a out that strategy; and structure best suited to implement the strat- variety of possible force structures of the (C) the funding proposed for such rec- egy. Armed Forces through the year 2010 and be- ommended force levels. (2) The threats examined for purposes of yond, including the force structure identified (5) In response to the recommendations of the review and the scenarios developed in the in the report on the review under section the Commission on Roles and Missions of the examination of such threats. 1083(d). The purpose of the assessment is to Armed Forces, the Secretary of Defense en- (3) The assumptions used in the review, in- develop proposals for an ‘‘above the line’’ dorsed the concept of conducting a quadren- cluding assumptions relating to the coopera- force structure of the Armed Forces and to nial review of the defense program at the be- tion of allies and mission-sharing, levels of provide the Secretary and Congress rec- ginning of each newly elected Presidential acceptable risk, warning times, and inten- ommendations regarding the optimal force administration, and the Secretary intends to sity and duration of conflict. structure to meet anticipated threats to the complete the first such review in 1997. (4) The effect on the force structure of national security of the United States (6) The review is to involve a comprehen- preparations for and participation in peace through the time covered by the assessment. (2) In conducting the assessment, the Panel sive examination of defense strategy, the operations and military operations other shall examine a variety of potential threats force structure of the active, guard, and re- than war. (including near-term threats and long-term serve components, force modernization (5) The effect on the force structure of the threats) to the national security interests of plans, infrastructure, and other elements of utilization by the Armed Forces of tech- the United States, including the following: the defense program and policies in order to nologies anticipated to be available by the (A) Conventional threats across a spectrum determine and express the defense strategy year 2005, including precision guided muni- of conflicts. of the United States and to establish a re- tions, stealth, night vision, digitization, and (B) The proliferation of weapons of mass vised defense program through the year 2005. communications, and the changes in doc- destruction and the means of delivering such (7) In order to ensure that the force struc- trine and operational concepts that would weapons, and the illicit transfer of tech- ture of the Armed Forces is adequate to result from the utilization of such tech- nology relating to such weapons. meet the challenges to the national security nologies. (C) The vulnerability of United States interests of the United States in the 21st (6) The manpower and sustainment policies technology to non-traditional threats, in- century, to assist the Secretary of Defense in required under the defense strategy to sup- cluding information warfare. conducting the review referred to in para- port engagement in conflicts lasting more (D) Domestic and international terrorism. graph (5), and to assess the appropriate force than 120 days. (E) The emergence of a major challenger structure of the Armed Forces through the (7) The anticipated roles and missions of having military capabilities similar to those year 2010 and beyond (if practicable), it is the reserve components in the defense strat- of the United States. important to provide for the conduct of an egy and the strength, capabilities, and equip- (F) Any other significant threat, or com- independent, non-partisan review of the force ment necessary to assure that the reserve bination of threats, identified by the Panel. structure that is more comprehensive than components can capably discharge such roles (3) For purposes of the assessment, the prior assessments of the force structure, ex- and missions. Panel shall develop a variety of scenarios re- tends beyond the quadrennial defense review, (8) The appropriate ratio of combat forces quiring a military response by the Armed and explores innovative and forward-think- to support forces (commonly referred to as Forces, including the following: ing ways of meeting such challenges. the ‘‘tooth-to-tail’’ ratio) under the defense (A) Scenarios developed in light of the strategy, including, in particular, the appro- SEC. 1083. QUADRENNIAL DEFENSE REVIEW. threats examined under paragraph (2). priate number and size of headquarter units (a) REQUIREMENT IN 1997.—The Secretary of (B) Scenarios developed in light of a con- and Defense Agencies for that purpose. Defense, in consultation with the Chairman tinuum of conflicts ranging from a conflict (9) The air-lift and sea-lift capabilities re- of the Joint Chiefs of Staff, shall complete in of lesser magnitude than the conflict de- quired to support the defense strategy. 1997 a review of the defense program of the scribed in the Bottom-Up Review to a con- (10) The forward presence, pre-positioning, United States intended to satisfy the re- flict of greater magnitude than the conflict and other anticipatory deployments nec- quirements for a Quadrennial Defense Re- so described. view as identified in the recommendations of essary under the defense strategy for conflict (4) As part of the assessment, the Panel the Commission on Roles and Missions of the deterrence and adequate military response to shall also— Armed Forces. The review shall include a anticipated conflicts. (A) develop recommendations regarding a comprehensive examination of the defense (11) The extent to which resources must be variety of force structures for the Armed strategy, force structure, force moderniza- shifted among two or more theaters under Forces that permit the forward deployment tion plans, infrastructure, and other ele- the defense strategy in the event of conflict of sufficient land- and sea-based forces to ments of the defense program and policies in such theaters. provide an effective deterrent to conflict and with a view toward determining and express- (12) The advisability of revisions to the to permit a military response by the United ing the defense strategy of the United States Unified Command Plan as a result of the de- States to the scenarios developed under and establishing a revised defense program fense strategy. paragraph (3); through the year 2005. SEC. 1084. NATIONAL DEFENSE PANEL. (B) to the extent practicable, estimate the (b) INVOLVEMENT OF NATIONAL DEFENSE (a) ESTABLISHMENT.—Not later than De- funding required by fiscal year, in constant PANEL.—(1) The Secretary shall apprise the cember 1, 1996, the Secretary of Defense shall fiscal year 1997 dollars, to organize, equip, National Defense Panel established under establish a non-partisan, independent panel and support the forces contemplated under section 1084, on an on-going basis, of the to be known as the National Defense Panel the force structures assessed in the assess- work undertaken in the conduct of the re- (in this section referred to as the ‘‘Panel’’). ment; and view. The Panel shall have the duties set forth in (C) comment on each of the matters also to (2) Not later than March 14, 1997, the Chair- this section. be included by the Secretary in the report man of the National Defense Panel shall sub- (b) MEMBERSHIP.—The Panel shall be com- required by section 1083(d). mit to the Secretary the Panel’s assessment posed of a chairman and eight other individ- (e) REPORT.—(1) Not later than December 1, of work undertaken in the conduct of the re- uals appointed by the Secretary, in consulta- 1997, the Panel shall submit to the Secretary view as of that date and shall include in the tion with the Chairman and ranking member a report setting forth the activities, findings assessment the recommendations of the of the Committee on Armed Services of the and recommendations of the Panel under Panel for improvements to the review, in- Senate and the Chairman and ranking mem- subsection (d), including any recommenda- cluding recommendations for additional ber of the Committee on National Security tions for legislation that the Panel considers matters to be covered in the review. of the House of Representatives, from among appropriate. S6866 CONGRESSIONAL RECORD — SENATE June 25, 1996 (2) Not later than December 15, 1997, the the Department of Defense for the payment ments of the United States, Germany, and Secretary shall, after consultation with the of compensation, travel allowances, and per Italy regarding international cooperation on Chairman of the Joint Chiefs of Staff, submit diem allowances, respectively, of civilian such program (including any amendments to to the committees referred to in subsection employees of the Department. The other ex- the memorandum of understanding). (b)(1) a copy of the report under paragraph penses of the Panel shall be paid out of funds (c) LIMITATIONS.—Not more than $15,000,000 (1), together with the Secretary’s comments available to the Department for the payment of the amount available for the Corps SAM/ on the report. of similar expenses incurred by the Depart- MEADS program under subsection (a) may (f) INFORMATION FROM FEDERAL AGENCIES.— ment. be obligated until the Secretary of Defense The Panel may secure directly from the De- (j) TERMINATION.—The Panel shall termi- submits to the congressional defense com- partment of Defense and any of its compo- nate 30 days after the date on which the mittees the following: nents and from any other Federal depart- Panel submits its report to the Secretary (1) An initial program estimate for the ment and agency such information as the under subsection (e). Corps SAM/MEADS program, including a Panel considers necessary to carry out its SEC. 1085. POSTPONEMENT OF DEADLINES. tentative schedule of major milestones and duties under this section. The head of the de- In the event that the election of President an estimate of the total program cost partment or agency concerned shall ensure of the United States in 1996 results in a through initial operational capability. that information requested by the Panel change in administrations, each deadline set (2) A report on the options associated with under this subsection is promptly provided. forth in this subtitle shall be postponed by 3 the use of existing systems, technologies, (g) PERSONNEL MATTERS.—(1) Each member months. and program management mechanisms to of the Panel shall be compensated at a rate SEC. 1086. DEFINITIONS. satisfy the requirement for the Corps sur- equal to the daily equivalent of the annual In this subtitle: face-to-air missile, including an assessment rate of basic pay prescribed for level IV of of cost and schedule implications in relation the Executive Schedule under section 5315 of (1) The term ‘‘ ‘above the line’ force struc- ture of the Armed Forces’’ means a force to the program estimate submitted under title 5, United States Code, for each day (in- paragraph (1). cluding travel time) during which such mem- structure (including numbers, strengths, and composition and major items of equipment) (3) A certification that there will be no in- ber is engaged in the performance of the du- crease in overall United States funding com- ties of the Panel. for the Armed Forces at the following unit levels: mitment to the demonstration and valida- (2) The members of the Panel shall be al- tion phase of the Corps SAM/MEADS pro- lowed travel expenses, including per diem in (A) In the case of the Army, the division. (B) In the case of the Navy, the battle gram as a result of the withdrawal of France lieu of subsistence, at rates authorized for from participation in the program. employees of agencies under subchapter I of group. chapter 57 of title 5, United States Code, (C) In the case of the Air Force, the wing. while away from their homes or regular (D) In the case of the Marine Corps, the ex- JOHNSTON AMENDMENTS NOS. peditionary force. places of business in the performance of serv- 4158–4163 ices for the Panel. (E) In the case of special operations forces (3)(A) The chairman of the Panel may, of the Army, Navy, or Air Force, the major (Ordered to lie on the table.) without regard to the civil service laws and operating unit. Mr. JOHNSTON submitted six regulations, appoint and terminate an execu- (F) In the case of the strategic forces, the amendments intended to be proposed tive director, and a staff of not more than ballistic missile submarine fleet, the heavy by him to the bill, S. 1745, supra; as fol- bomber force, and the intercontinental bal- four additional individuals, if the Panel de- lows: termines that an executive director and staff listic missile force. AMENDMENT NO. 4158 are necessary in order for the Panel to per- (2) The term ‘‘Commission on Roles and form its duties effectively. The employment Missions of the Armed Forces’’ means the On page 413, line 25, strike ‘‘$2,000,000’’ and of an executive director shall be subject to Commission on Roles and Missions of the insert ‘‘$5,000,000’’. confirmation by the Panel. Armed Forces established by subtitle E of (B) The chairman may fix the compensa- title IX of the National Defense Authoriza- AMENDMENT NO. 4159 tion of the executive director without regard tion Act for Fiscal Year 1994 (Public Law On page 410, before line 14, add the follow- to the provisions of chapter 51 and sub- 103–160; 107 Stat. 1738; 10 U.S.C. 111 note). ing: chapter III of chapter 53 of title 5, United (3) The term ‘‘military operation other ‘‘(c) STUDY ON PERMANENT AUTHORIZATION States Code, relating to classification of po- than war’’ means any operation other than FOR GENERAL PLANT PROJECTS.—Not later sitions and General Schedule pay rates, ex- war that requires the utilization of the mili- than February 1. 1997, the Secretary of En- cept that the rate of pay for the executive di- tary capabilities of the Armed Forces, in- ergy shall report to the appropriate congres- rector may not exceed the rate payable for cluding peace operations, humanitarian as- sional committees on the need for, and desir- level V of the Executive Schedule under sec- sistance operations and activities, counter- ability of, a permanent authorization for- tion 5316 of such title. terrorism operations and activities, disaster mula for defense and civilian general plant (4) Any Federal Government employee may relief activities, and counter-drug operations projects in the Department of energy that be detailed to the Panel without reimburse- and activities. includes periodic adjustments for inflation, ment, and such detail shall be without inter- (4) The term ‘‘peace operations’’ means including any legislative recommendations ruption or loss of civil service status or military operations in support of diplomatic to enact such formula into permanent law. privilege. The Secretary shall ensure that efforts to reach long-term political settle- The report of the Secretary shall describe ac- sufficient personnel are detailed to the Panel ments of conflicts and includes peacekeeping tions that would be taken by the Depart- to enable the Panel to carry out its duties ef- operations and peace enforcement oper- ment to provide for cost control of general fectively. ations. plant projects, taking into account the size (5) To the maximum extent practicable, and nature of such projects.’’ the members and employees of the Panel LIEBERMAN AMENDMENT NO. 4157 shall travel on military aircraft, military AMENDMENT NO. 4160 ships, military vehicles, or other military (Ordered to lie on the table.) conveyances when travel is necessary in the Mr. LIEBERMAN submitted an On page 410, line 10, strike ‘‘$2,000,000’’ and performance of a duty of the Panel, except amendment intended to be proposed by insert ‘‘$5,000,000’’. that no such aircraft, ship, vehicle, or other him to the bill, S. 1745, supra; as fol- AMENDMENT NO. 4161 conveyance may be scheduled primarily for lows: the transportation of any such member or On page 410, line 5, strike ‘‘$2,000,000’’ and At the end of subtitle C of title II add the employee when the cost of commercial insert ‘‘$5,000,000’’. following: transportation is less expensive. (h) ADMINISTRATIVE PROVISIONS.—(1) The SEC. 237. CORPS SAM/MEADS PROGRAM. AMENDMENT NO. 4162 (a) FUNDING.—Of the amount authorized to Panel may use the United States mails and On page 408, after line 17, add the following be appropriated under section 201(4)— obtain printing and binding services in the new section: same manner and under the same conditions (1) $56,200,000 is available for the Corps sur- ‘‘SEC. . INTERNATIONAL NUCLEAR SAFETY. as other departments and agencies of the face-to-air missile (SAM)/Medium Extended ‘‘In addition to the funds authorized to be Federal Government. Air Defense System (MEADS) program (2) The Secretary shall furnish the Panel (PE63869C); and appropriated for international nuclear safety any administrative and support services re- (2) $515,711,000 is available for Other Thea- under section 3103(12), $51,000,000 shall be quested by the Panel. ter Missile Defense programs, projects, and available for such purposes from the (3) The Panel may accept, use, and dispose activities (PE63872C). amounts authorized to be appropriated for of gifts or donations of services or property. (b) INTERNATIONAL COOPERATION.—The Sec- other programs under sections 3101 and 3103.’’ (i) PAYMENT OF PANEL EXPENSES.—The retary of Defense may carry out the program compensation, travel expenses, and per diem referred to in subsection (a) in accordance AMENDMENT NO. 4163. allowances of members and employees of the with the memorandum of understanding en- On page 408, line 10, strike ‘‘15,200,000’’ and Panel shall be paid out of funds available to tered into on May 25, 1996 by the govern- insert ‘‘66,200,000’’. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6867 BUMPERS (AND PRYOR) SEC. 1072. SENSE OF THE SENATE ON DEPART- (1) Programs of the Department of Defense AMENDMENT NO. 4164 MENT OF DEFENSE SHARING OF EX- for youth who are dependents of members of PERIENCES WITH MILITARY CHILD the Armed Forces have not received the (Ordered to lie on the table.) CARE. same level of attention and resources as have Mr. BUMPERS (for himself and Mr. (a) FINDINGS.—The Senate makes the fol- child care programs of the Department since PRYOR) submitted an amendment in- lowing findings: the passage of the Military Child Care Act of (1) The Department of Defense should be tended to be proposed by them to the 1989 (title XV of Public Law 101–189; 10 U.S.C. congratulated on the successful implementa- bill, S. 1745, supra; as follows: 113 note). tion of the Military Child Care Act 1989 (title At the end of subtitle C of title XXVIII, (2) Older children deserve as much atten- XV of Public Law 101–189; 10 U.S.C. 113 note). tion to their developmental needs as do add the following: (2) The actions taken by the Department younger children. SEC. 2828. LAND CONVEYANCE, PINE BLUFF AR- as a result of that Act have dramatically im- (3) The Department has started to direct SENAL, ARKANSAS. proved the availability, affordability, qual- (A) CONVEYANCE AUTHORIZED.—The Sec- more attention to programs for youths who ity, and consistency of the child care serv- retary of the Army may convey, without are dependents of members of the Armed ices provided to members of the Armed consideration, to the Economic Development Forces by funding the implementation of 20 Forces. Alliance of Jefferson County, Arkansas (in model community programs to address the (3) Child care is important to the readiness this section referred to as the ‘‘Alliance’’), needs of such youths. of members of the Armed Forces because sin- all right, title, and interest of the United (4) The lessons learned from such programs gle parents and couples in military service States in and to a parcel of real property, to- could apply to civilian youth programs as must have access to affordable child care of gether with any improvements thereon, con- well. good quality if they are to perform their jobs sisting of approximately 1,500 acres and com- (b) SENSE OF SENATE.—It is the sense of the and respond effectively to long work hours prising a portion of the Pine Bluff Arsenal, Senate that— or deployment. Arkansas. (1) the Department of Defense, Federal, (4) Child care is important to the retention (b) REQUIREMENT RELATING TO CONVEY- State, and local agencies, and businesses and of members of the Armed Forces in military ANCE.—The Secretary may not carry out the communities involved in conducting youth conveyance of property authorized under service because the dissatisfaction of the programs could benefit from the develop- subsection (a) until the completion by the families of such members with military life ment of partnerships to foster an exchange Secretary of any environmental restoration is a primary reason for the departure of such of ideas, information, and materials relating and remediation that is required with the re- members from military service. to such programs and to encourage closer re- (b) SENSE OF SENATE.—It is the sense of the spect to the property under applicable law. lationships between military installations Senate that— (c) CONDITIONS OF CONVEYANCE.—The con- and the communities that support them; (1) the civilian and military child care veyance authorized under subsection (a) (2) such partnerships could benefit all fam- communities, Federal, State, and local agen- shall be subject to the following conditions: ilies by helping the providers of services for cies, and businesses and communities in- (1) That the Alliance agree not to carry youths exchange ideas about innovative volved in the provision of child care services out any activities on the property to be con- ways to address barriers to the effective pro- could benefit from the development of part- veyed that interfere with the construction, vision of such services; and nerships to foster an exchange of ideas, in- operation, and decommissioning of the (3) there are many ways that such partner- formation, and materials relating to their chemical demilitarization facility to be con- ships could be developed, including— structed at Pine Bluff Arsenal. experiences with the the provision of such (A) cooperation between the Department (2) That the property be used during the 25- services and to encourage closer relation- and Federal and State educational agencies year period beginning on the date of the con- ships between military installations and the in exploring the use of public school facili- veyance only as the site of the facility communities that support them; ties for child care programs and youth pro- known as the ‘‘Bioplex’’, and for activities (2) such partnerships would be beneficial to grams that are mutually beneficial to the related thereto. all families by helping providers of child care Department and civilian communities and (d) COSTS OF CONVEYANCE.—The Alliance services exchange ideas about innovative complement programs of the Department shall be responsible for any costs of the ways to address barriers to the effective pro- Army associated with the conveyance of carried out at its facilities; and vision of such services; and (B) improving youth programs that enable property under this section, including ad- (3) there are many ways that these part- adolescents to relate to new peer groups ministrative costs, the costs of an environ- nerships can be developed, including— when families of members of the Armed mental baseline survey with respect to the (A) cooperation between the directors and Forces are relocated. property, and the cost of any protection curriculum specialists of military child de- (c) REPORT.—Not later than June 30, 1997, services required by the Secretary in order velopment centers and civilian child develop- the Secretary of Defense shall submit to to secure operations of the chemical demili- ment centers in assisting such centers in the Congress a report on the status of any initia- tarization facility from activities on the accreditation process; tives undertaken this section, including rec- property after the conveyance. (B) use of family support staff to conduct ommendations for additional ways to im- (e) REVERSIONARY INTERESTS.—If the Sec- parent and family workshops for new parents prove the youth programs of the Department retary determines at any time during the 25- and parents with young children in family of Defense and to improve such programs so year period referred to in subsection (c)(2) housing on military installations and in as to benefit communities in the vicinity of that the property conveyed under this sec- communities in the vicinity of such installa- military installations. tion is not being used in accordance with tions; that subsection, all right, title, and interest (C) internships in Department of Defense AMENDMENT NO. 4167 in and to the property shall revert to the child care programs for civilian child care United States and the United States shall providers to broaden the base of good-quality In section 301(5), strike out ‘‘$9,863,942,000’’ have immediate right of entry thereon. child care services in communities in the vi- and insert in lieu thereof ‘‘$9,867,442,000’’. (f) DESCRIPTION OF PROPERTY.—The exact cinity of military installations; and acreage and legal description of the property (D) attendance by civilian child care pro- GORTON AMENDMENT NO. 4168 conveyed under this section shall be deter- viders at Department child-care training mined by a survey satisfactory to the Sec- classes on a space-available basis. (Ordered to lie on the table.) retary. The cost of the survey shall be borne (c) REPORT.—Not later than June 30, 1997, Mr. GORTON submitted an amend- by the Alliance. the Secretary of Defense shall submit to ment intended to be proposed by him (g) ADDITIONAL TERMS AND CONDITIONS.— Congress a report on the status of any initia- to the bill, S. 1745, supra; as follows: The Secretary may require such additional tives undertaken this section, including rec- terms and conditions in connection with con- At the end of title XXXI, add the follow- ommendations for additional ways to im- ing: veyance under this section as the Secretary prove the child care programs of the Depart- Subtitle E—Environmental Restoration at considers appropriate to protect the inter- ment of Defense and to improve such pro- Defense Nuclear Facilities ests of the United States. grams so as to benefit civilian child care pro- viders in communities in the vicinity of SEC. 3171. SHORT TITLE. KENNEDY AMENDMENTS NOS. 4165– military installations. This subtitle may be cited as the ‘‘Defense 4167 Nuclear Facility Environmental Restoration (Ordered to lie on the table.) AMENDMENT NO. 4166 Pilot Program Act of 1996’’. Mr. KENNEDY submitted three At the end of subtitle F of title X, add the SEC. 3172. APPLICABILITY. amendments intended to be proposed following (a) IN GENERAL.—The provisions of this subtitle shall apply to the following defense by him to the bill, S. 1745, supra; as fol- SEC. 1072. SENSE OF THE SENATE ON DEPART- MENT OF DEFENSE SHARING OF EX- nuclear facilities: lows: PERIENCES UNDER MILITARY (1) Hanford. AMENDMENT NO. 4165 YOUTH PROGRAMS. (2) Any other defense nuclear facility if— At the end of subtitle F of title X, add the (a) FINDINGS.—The Senate makes the fol- (A) the chief executive officer of the State following: lowing findings: in which the facility is located submits to S6868 CONGRESSIONAL RECORD — SENATE June 25, 1996 the Secretary a request that the facility be (C) negotiate amendments to environ- technology under subsection (b) may provide covered by the provisions of this subtitle; mental agreements applicable to the facility for reimbursement of the costs of the con- and for the Department; and tractor on a cost plus fee basis. (B) the Secretary approves the request. (D) manage environmental management (d) SAFE HARBORS.—In the case of an envi- (b) LIMITATION.—The Secretary may not and programmatic personnel of the Depart- ronmental technology demonstrated, veri- approve a request under subsection (a)(2) ment at the facility. fied, certified, and implemented at a defense until 60 days after the date on which the Sec- (2) A site manager shall negotiate amend- nuclear facility under a program established retary notifies the congressional defense ments under paragraph (1)(C) with the con- under subsection (b), the site manager of an- committees of the Secretary’s receipt of the currence of the Secretary. other defense nuclear facility may request request. (3) A site manager may not undertake or the Secretary to waive or limit contractual SEC. 3173. DESIGNATION OF COVERED FACILI- provide for any action under paragraph (1) or Department regulatory requirements that TIES AS ENVIRONMENTAL CLEANUP that would result in an expenditure of funds would otherwise apply in implementing the DEMONSTRATION AREAS. for environmental restoration or waste man- same environmental technology at such (a) DESIGNATION.—Each defense nuclear fa- agement at the defense nuclear facility con- other facility. cility covered by this subtitle under section cerned in excess of the amount authorized to SEC. 3177. REPORTS TO CONGRESS. 3172(a) is hereby designated as an environ- be expended for environmental restoration or Not later than 120 days after the date of mental cleanup demonstration area. The waste management at the facility without the appointment of a site manager under sec- purpose of the designation is to establish the approval of such action by the Secretary. tion 3174(a), the site manager shall submit to each such facility as a demonstration area at (c) INFORMATION ON PROGRESS.—The Sec- Congress and the Secretary a report describ- which to utilize and evaluate new tech- retary shall regularly inform Congress of the ing the expectations of the site manager nologies to be used in environmental restora- progress made by site managers under this with respect to environmental restoration tion and remediation at other defense nu- subtitle in achieving expedited environ- and waste management at the defense nu- clear facilities. mental restoration and waste management clear facility concerned by reason of the ex- (b) SENSE OF CONGRESS.—It is the sense of at the defense nuclear facilities covered by ercise of the authorities provided in this sub- Congress that Federal and State regulatory this subtitle. agencies, members of the surrounding com- title. The report shall describe the manner in SEC. 3175. DEPARTMENT OF ENERGY ORDERS. which the exercise of such authorities is ex- munities, and other affected parties with re- Effective 60 days after the appointment of pected to improve environmental restoration spect to each defense nuclear facility cov- a site manager for a defense nuclear facility and waste management at the facility and ered by this subtitle should continue to— under section 3174(a), an order relating to identify saving that are expected to accrue (1) develop expedited and streamlined proc- the execution of environmental restoration, to the Department as a result of the exercise esses and systems for cleaning up such facil- waste management, technology develop- of such authorities. ity; ment, or other site operation activities at (2) eliminate unnecessary administrative the facility may be imposed at the facility if SEC. 3178. TERMINATION. complexity and unnecessary duplication of the Secretary makes a finding that the The authorities provided for in this sub- regulation with respect to the clean up of order— title shall expire five years after the date of such facility; (1) is essential to the protection of human the enactment of this Act. (3) proceed expeditiously and cost-effec- health or the environment or to the conduct SEC. 3179. DEFINITIONS. tively with environmental restoration and of critical administrative functions; and In this subtitle: remediation activities at such facility; (2) will not interfere with bringing the fa- (1) The term ‘‘Department’’ means the De- (4) consider future land use in selecting en- cility into compliance with environmental partment of Energy. vironmental clean up remedies at such facil- laws, including the terms of any environ- (2) The term ‘‘defense nuclear facility’’ has ity; and mental agreement. the meaning given the term ‘‘Department of (5) identify and recommend to Congress SEC. 3176. DEMONSTRATIONS OF TECHNOLOGY Energy defense nuclear facility’’ in section changes in law needed to expedite the clean FOR REMEDIATION OF DEFENSE NU- 318 of the Atomic Energy Act of 1954 (42 up of such facility. CLEAR WASTE. U.S.C. 2286g). SEC. 3174. SITE MANAGERS. (a) IN GENERAL.—The site manager for a (3) The term ‘‘Hanford’’ means the defense (a) APPOINTMENT.—(1)(A) The Secretary defense nuclear facility under this subtitle nuclear facility located in southeastern shall appoint a site manager for Hanford not shall promote the demonstration, verifica- Washington State known as the Hanford later than 90 days after the date of the enact- tion, certification, and implementation of Reservation, Washington. ment of this Act. innovative environmental technologies for (4) The term ‘‘Secretary’’ means the Sec- (B) The Secretary shall develop a list of the remediation of defense nuclear waste at retary of Energy. the criteria to be used in appointing a site the facility. (b) DEMONSTRATION PROGRAM.—To carry manager for Hanford. The Secretary may KYL (AND BINGAMAN) consult with affected and knowledgeable par- out subsection (a), each site manager shall ties in developing the list. establish a program at the defense nuclear AMENDMENT NO. 4169 (2) The Secretary shall appoint the site facility concerned for testing environmental (Ordered to lie on the table.) manager for any other defense nuclear facil- technologies for the remediation of defense Mr. KYL (for himself and Mr. BINGA- ity covered by this subtitle not later than 90 nuclear waste at the facility. In establishing MAN) submitted an amendment in- days after the date of the approval of the re- such a program, the site manager may— quest with respect to the facility under sec- (1) establish a simplified, standardized, and tended to be proposed by them to the tion 3172(a)(2). timely process for the testing and verifica- bill, S. 1745, supra; as follows: (3) An individual appointed as a site man- tion of environmental technologies; At the end of subtitle D of title X, add the ager under this subsection shall, if not an (2) solicit and accept applications to test following: employee of the Department at the time of environmental technology suitable for envi- SEC. 1043. PROHIBITION ON COLLECTION AND the appointment, be an employee of the De- ronmental restoration and waste manage- RELEASE OF DETAILED SATELLITE partment while serving as a site manager ment activities at the facility, including pre- IMAGERY RELATING TO ISRAEL AND under this subtitle. vention, control, characterization, treat- OTHER COUNTRIES AND AREAS. (b) DUTIES.—(1) Subject to paragraphs (2) ment, and remediation of contamination; (a) COLLECTION AND DISSEMINATION.—No de- and (3), in addition to other authorities pro- (3) consult and cooperate with the heads of partment or agency of the Federal Govern- vided for in this subtitle, the site manager existing programs at the facility for the cer- ment may license the collection or dissemi- for a defense nuclear facility shall have full tification and verification of environmental nation by any non-Federal entity of satellite authority to oversee and direct operations at technologies at the facility; and imagery with respect to Israel, or to any the facility, including the authority to— (4) pay the costs of the demonstration of other country or geographic area designated (A) enter into and modify contractual such technologies. by the President for this purpose, unless agreements to enhance environmental res- (c) FOLLOW-ON CONTRACTS.—(1) If the Sec- such imagery is no more detailed or precise toration and waste management at the facil- retary and a person demonstrating a tech- than satellite imagery of the country or geo- ity; nology under the program enter into a con- graphic area concerned that is routinely (B) request that the Department head- tract for remediation of nuclear waste at a available from commercial sources. quarters submit to Congress a reprogram- defense nuclear facility covered by this sub- (b) DECLASSIFICATION AND RELEASE.—No ming package shifting among accounts funds title, or at any other Department facility, as department or agency of the Federal Govern- available for the facility in order to facili- a follow-on to the demonstration of the tech- ment may declassify or otherwise release tate the most efficient and timely environ- nology, the Secretary shall ensure that the satellite imagery with respect to Israel, or to mental restoration and waste management contract provides for the Secretary to recoup any other country or geographic area des- at the facility, and, in the event that the De- from the contractor the costs incurred by ignated by the President for this purpose, partment headquarters does not act upon the the Secretary pursuant to subsection (b)(4) unless such imagery is no more detailed or request within 30 days of the date of the re- for the demonstration. precise than satellite imagery of the country quest, submit such request to the appro- (2) No contract between the Department or geographic area concerned that is rou- priate committees of Congress for review; and a contractor for the demonstration of tinely available from commercial sources. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6869 KYL AMENDMENTS NOS. 4170–4175 AMENDMENT NO. 4172 end users whose actions or policies run counter to United States national security of (Ordered to lie on the table.) At the end of subtitle C of title II, add the following: foreign policy interests may enhance the Mr. KYL submitted six amendments military capabilities of those countries, par- intended to be proposed by him to the SEC. 237. DEPLOYMENT OF THEATER MISSILE DE- FENSE SYSTEMS UNDER THE ABM ticularly their ability to design, develop, bill, S. 1745, supra; as follows: TREATY. test, produce, stockpile, use, and deliver nu- AMENDMENT NO. 4170 (a) FINDINGS.—The Senate makes the fol- clear, chemical, and biological weapons, mis- At the end of subtitle C of title II, add the lowing findings: sile delivery systems, and other significant following: (1) The threat posed to the national secu- military capabilities. This enhancement threatens the security of the United States SEC. 237. REQUIREMENT THAT MULTI- rity of the United States, the Armed Forces, LATERALIZATION OF THE ABM and our friends and allies by the prolifera- and its allies. The availability to countries TREATY BE DONE ONLY THROUGH tion of ballistic missiles is significant and and end users of items that contribute to TREATY-MAKING POWER. growing both quantitatively and quali- military capabilities or the proliferation of Any addition of a new signatory party to tatively. weapons of mass destruction is a fundamen- the ABM Treaty (in addition to the United (2) The deployment of theater missile de- tal concern of the United States and should States and the Russian Federation) con- fense systems will deny potential adversaries be eliminated through deterrence, negotia- stitutes an amendment to the treaty that the option of threatening or attacking Unit- tions, and other appropriate means whenever can only be agreed to by the United States ed States forces, coalition partners of the possible. through the treaty-making power of the United States, or allies of the United States (4) The national security of the United United States. No funds appropriated or oth- with ballistic missiles armed with weapons States depends not only on wise foreign poli- erwise available for any fiscal year may be of mass destruction as a way of offsetting cies and a strong defense, but also a vibrant obligated or expended for the purpose of im- the operational and technical advantages of national economy. To be truly effective, ex- plementing or making binding upon the the United States Armed Forces and the port controls should be applied uniformly by United States the participation of any addi- armed forces of our coalition partners and all suppliers. tional nation as a party to the ABM Treaty allies. (5) On November 5, 1995, President William unless that nation is made a party to the (3) Although technology control regimes J. Clinton extended Executive Order No. treaty by an amendment to the Treaty that and other forms of international arms con- 12938 regarding ‘‘Weapons of Mass Destruc- is made in the same manner as the manner trol agreements can contribute to non- tion’’, and ‘‘declared a national emergency by which a treaty is made. proliferation, such measures are inadequate with respect to the unusual and extraor- for dealing with missile proliferation and dinary threat to the national security, for- AMENDMENT NO. 4171 should not be viewed as alternatives to mis- eign policy, and economy of the United States posed by the proliferation of nuclear, Strike out section 231 and insert in lieu sile defense systems and other active and biological, and chemical weapons and the thereof the following new section: passive measures. (4) The Department of Defense is currently means of delivering such weapons’’. SEC. 231. POLICY ON COMPLIANCE WITH THE (6) A successor regime to COCOM (the Co- ABM TREATY. considering for deployment as theater mis- sile defense interceptors certain systems de- ordinating Commission on Multilateral Con- (a) POLICY CONCERNING SYSTEMS SUBJECT termined to comply with the ABM Treaty, trols) has not been established. Currently, TO ABM TREATY.—Congress finds that, un- each nation is determining independently less and until a missile defense system, sys- including PAC3, THAAD, Navy Lower Tier, which dual-use military items, if any, will be tem upgrade, or system component is flight and Navy Upper Tier (also known as Navy controlled for export. tested in an ABM-qualifying flight test (as Wide Area Defense). (5) In the case of the ABM Treaty, as with (7) The United States should play a leading defined in subsection (c)), such system, sys- all other arms control treaties to which the role in promoting transparency and respon- tem upgrade, or system component— sibility with regard to the transfers of sen- (1) has not, for purposes of the ABM Trea- United States is signatory, each signatory sitive dual-use goods and technologies. ty, been tested in an ABM mode nor been bears the responsibility of ensuring that its (b) SENSE OF SENATE.—It is the sense of the given capabilities to counter strategic ballis- actions comply with the treaty, and the Senate that— tic missiles; and manner of such compliance need not be a (1) establishing an international export (2) therefore is not subject to any applica- subject of negotiation between the signato- control regime, empowered to control ex- tion, limitation, or obligation under the ries. ports of dual-use technology, is critically ABM Treaty. (b) SENSE OF SENATE.—It is the sense of the Senate that the theater missile defense sys- important and should become a top priority (b) PROHIBITIONS.—(1) Funds appropriated for the United States; and to the Department of Defense may not be ob- tems currently considered for deployment by (2) the United States should strongly en- ligated or expended for the purpose of— the Department of Defense comply with the courage its allies and friends to— (A) prescribing, enforcing, or implement- ABM Treaty. (A) adopt a commodity control list which ing any Executive order, regulation, or pol- (c) DEPLOYMENT OF SYSTEMS.—The Sec- governs the same or similar items as are icy that would apply the ABM Treaty (or any retary of Defense may proceed with the de- controlled by the United States Commodity limitation or obligation under such Treaty) velopment, testing, and deployment of the Control list; to research, development, testing, or deploy- theater missile defense systems currently (B) strengthen enforcement activities; and ment of a theater missile defense system, a considered for deployment by the Depart- (C) explore the use of unilateral export theater missile defense system upgrade, or a ment of Defense. controls where the possibility exists that an theater missile defense system component; export could contribute to proliferation. or AMENDMENT NO. 4173 (B) taking any other action to provide for At the end of subtitle D of title X add the AMENDMENT NO. 4174 the ABM Treaty (or any limitation or obliga- following: tion under such Treaty) to be applied to re- SEC. 1044. SENSE OF THE SENATE CONCERNING At the end of title XXXIII, add the follow- search, development, testing, or deployment EXPORT CONTROLS. ing: of a theater missile defense system, a thea- (a) FINDINGS.—The Senate makes the fol- SEC. 3303. ADDITIONAL DISPOSAL AUTHORITY. ter missile defense system upgrade, or a the- lowing findings: (a) ADDITIONAL MATERIALS AUTHORIZED FOR ater missile defense system component. (1) Export controls are a part of a com- DISPOSAL.—In addition to the quantities of (2) This subsection applies with respect to prehensive response to national security materials authorized for disposal under sub- each missile defense system, missile defense threats. United States exports should be re- section (a) of section 3302 as specified in the system upgrade, or missile defense system stricted where those threats exist to na- table in subsection (b) of that section, the component that is capable of countering tional security, nonproliferation, and foreign President may dispose of the materials spec- modern theater ballistic missiles. policy interests of the United States. ified in the table in subsection (b) of this sec- (3) This subsection shall cease to apply (2) The export of certain commodities and tion in accordance with that section. with respect to a missile defense system, technology may adversely affect the na- (b) TABLE.—The table in this subsection is missile defense system upgrade, or missile tional security and foreign policy of the as follows: defense system component when that sys- United States by making a significant con- tem, system upgrade, or system component tribution to the military potential of indi- Additional Authorized Stockpile Disposal has been flight tested in an ABM-qualifying vidual countries or by disseminating the ca- flight test. pability to design, develop, test, produce, Material for disposal Quantity UALIFYING LIGHT EST E stockpile, or use weapons of mass destruc- (c) AMB-Q F T D - Titanium Sponge ...... 10,000 short FINED.—For purposes of this section, an tion, missile delivery systems, and other sig- tons. AMB-qualifying flight test is a flight test nificant military capabilities. Therefore, the against a ballistic missile which, in that administration of export controls should em- flight test, exceeds— phasize the control of these exports. AMENDMENT NO. 4175 (1) a range of 3,500 kilometers; or (3) The acquisition of sensitive commod- On page 108, between lines 5 and 6, insert (2) a velocity of 5 kilometers per second. ities and technologies by those countries and the following: S6870 CONGRESSIONAL RECORD — SENATE June 25, 1996 SEC. 368. PROHIBITION OF SALE OR RENTAL OF (1) Although the Cold War has ended, the (D) By September 30, 2000, 75 percent. SEXUALLY EXPLICIT MATERIAL. United States continues to spend billions of An increase in financial contributions by (a) IN GENERAL.—(1) Chapter 147 of title 10, dollars to promote regional security and to any nation under this paragraph may include United States Code, is amended by adding at make preparations for regional contin- the elimination of taxes, fees, or other the end the following: gencies. charges levied on United States military per- ‘‘§ 2490b. Sale or rental of sexually explicit (2) United States defense expenditures pri- sonnel, equipment, or facilities stationed in material prohibited marily promote United States national secu- that nation. rity interests; however, they also signifi- ‘‘(a) PROHIBITION OF SALE OR RENTAL.—The (2) Increase its annual budgetary outlays Secretary of Defense may not permit the cantly contribute to the defense of our allies. for national defense as a percentage of its sale or rental of sexually explicit written or (3) In 1993, the gross domestic product of gross domestic product by 10 percent or at videotaped material on property under the the United States equaled $6,300,000,000,000, least to a level commensurate to that of the while the gross domestic product of other jurisdiction of the Department of Defense. United States by September 30, 1997. NATO member countries totaled ‘‘(b) PROHIBITION OF OFFICIALLY PROVIDED (3) Increase its annual budgetary outlays $7,200,000,000,000. SEXUALLY EXPLICIT MATERIAL.—A member of for foreign assistance (to promote democra- (4) Over the course of 1993, the United the Armed Forces or a civilian officer or em- tization, economic stabilization, trans- States spent 4.7 percent of its gross domestic ployee of the Department of Defense acting parency arrangements, defense economic product on defense, while other NATO mem- in an official capacity for sale remuneration conversion, respect for the rule of law, and bers collectively spent 2.5 percent of their or rental may not provide sexually explicit internationally recognized human rights) by gross domestic product on defense. material to another person. 10 percent or at least to a level commensu- (5) In addition to military spending, for- ‘‘(c) REGULATIONS.—The Secretary of De- rate to that of the United States by Septem- eign assistance plays a vital role in the es- fense shall prescribe regulations to imple- ber 30, 1997. tablishment and maintenance of stability in ment this section. (4) Increase the amount of military assets other nations and in implementing the Unit- ‘‘(d) DEFINITIONS.—In this section: (including personnel, equipment, logistics, ed States national security strategy. ‘‘(1) The term ‘sexually explicit material’ support and other resources) that it contrib- (6) This assistance has often prevented the means an audio recording, a film or video re- outbreak of conflicts which otherwise would utes, or would be prepared to contribute, to cording, or a periodical with visual depic- have required costly military interventions multinational military activities worldwide, tions, produced in any medium, the domi- by the United States and our allies. including United Nations or regional peace nant theme of which depicts or describes nu- (7) From 1990–1993, the United States spent operations. dity, including sexual or excretory activities $59,000,000,000 in foreign assistance, a sum (c) AUTHORITIES TO ENCOURAGE ACTIONS BY or organs, in a lascivious way. which represents an amount greater than UNITED STATES ALLIES.—In seeking the ac- ‘‘(2) The term ‘property under the jurisdic- any other nation in the world. tions described in subsection (b) with respect tion of the Department of Defense’ includes (8) In 1995, the United States spent over to any nation, or in response to a failure by commissaries, all facilities operated by the $10,000,000,000 to promote European security, any nation to undertake one or more of such Army and Air Force Exchange Service, the while European NATO nations only contrib- actions, the President may take any of the Navy Exchange Service Command, the Navy uted $2,000,000,000 toward this effort. following measures: Resale and Services Support Office, Marine (9) With a smaller gross domestic product (1) Reduce the end strength level of mem- Corps exchanges, and ship stores.’’. and a larger defense budget than its Euro- bers of the Armed Forces assigned to perma- (2) The table of sections at the beginning of pean NATO allies, the United States shoul- nent duty ashore in that nation. such chapter is amended by adding at the ders an unfair share of the burden of the (2) Impose on that nation taxes, fees, or end the following new item: common defense. other charges similar to those that such na- ‘‘2490b. Sale or rental of sexually explicit (10) Because of this unfair burden, the Con- tion imposes on United States forces sta- material prohibited.’’. gress previously voted to require United tioned in that nation. (3) Reduce (through rescission, impound- (b) EFFECTIVE DATE.—Subsection (a) of sec- States allies to bear a greater share of the ment, or other appropriate procedures as au- tion 2490b of title 10, United States Code, as costs incurred for keeping United States thorized by law) the amount the United added by subsection (a) of this section, shall military forces permanently assigned in States contributes to the NATO Civil Budg- take effect 90 days after the date of enact- their countries. et, Military Budget, or Security Investment ment of this Act. (11) As a result of this action, for example, Japan now pays over 75 percent of the non- Program. (4) Suspend, modify, or terminate any bi- BOXER AMENDMENT NO. 4176 personnel costs incurred by United States military forces permanently assigned there, lateral security agreement the United States (Ordered to lie on the table.) while our European allies pay for less than 25 has with that nation. Mrs. BOXER submitted an amend- percent of these same costs. Japan signed a (5) Reduce (through rescission, impound- ment intended to be proposed by her to new Special Measures Agreement this year ment or other appropriate procedures as au- thorized by law) any United States bilateral the bill, S. 1745, supra; as follows: which will increase Japan’s contribution to- ward the cost of stationing United States assistance appropriated for that nation. At the end of subtitle E of title III, add the troops in Japan by approximately $30,000,000 (6) Take any other action the President de- following: a year over the next five years. termines to be appropriate as authorized by SEC. 368. REIMBURSEMENT UNDER AGREEMENT (12) These increased contributions help to law. FOR INSTRUCTION OF CIVILIAN STU- rectify the imbalance in the burden shoul- (d) REPORT ON PROGRESS IN INCREASING AL- DENTS AT FOREIGH LANGUAGE IN- dered by the United States for the common LIED BURDENSHARING.—Not later than March STITUTE OF THE DEFENSE LAN- 1, 1997, the Secretary of Defense shall submit GUAGE INSTITUTE. defense. (13) The relative share of the burden of the to Congress a report on— Section 559(a)(1) of the National Defense (1) steps taken by other nations to com- Authorization Act for Fiscal Year 1995 (Pub- common defense still falls too heavily on the United States, and our allies should dedicate plete the actions described in subsection (b); lic Law 103–337; 108 Stat. 2776; 10 U.S.C. 4411 (2) all measures taken by the President, in- note) is amended by striking out ‘‘on a cost- more of their own resources to defending themselves. cluding those authorized in subsection (c), to reimbursable, space-available basis’’ and in- achieve the actions described in subsection serting in lieu thereof ‘‘on a space-available (b) EFFORTS TO INCREASE ALLIED BURDENSHARING.—The President shall seek (b); and basis and for such reimbursement (whether to have each nation that has cooperative (3) the budgetary savings to the United in whole or in part) as the Secretary consid- military relations with the United States States that are expected to accrue as a re- ers appropriate’’. (including security agreements, basing ar- sult of the steps described under paragraph rangements, or mutual participation in mul- (1). HARKIN (AND KERRY) tinational military organizations or oper- (e) REPORT ON NATIONAL SECURITY BASES AMENDMENT NO. 4177 ations) take one or more of the following ac- FOR FORWARD DEPLOYMENT AND tions: BURDENSHARING RELATIONSHIPS.—(1) In order (Ordered to lie on the table.) (1) For any nation in which United States to ensure the best allocation of budgetary re- Mr. HARKIN (for himself and Mr. military personnel are assigned to perma- sources, the President shall undertake a re- KERRY) submitted an amendment in- nent duty ashore, increase its financial con- view of the status of elements of the United tended to be proposed by them to the tributions to the payment of the nonperson- States Armed Forces that are permanently bill, S. 1745, supra; as follows: nel costs incurred by the United States Gov- stationed outside the United States. The re- ernment for stationing United States mili- view shall include an assessment of the fol- AMENDMENT NO. 4177 tary personnel in that nation, with a goal of lowing: At the end of subtitle D of title X, add the achieving the following percentages of such (A) The alliance requirements that are to following: costs: be found in agreements between the United SEC. 1044. DEFENSE BURDENSHARING. (A) By September 30, 1997, 37.5 percent. States and other countries. (a) FINDINGS.—Congress makes the follow- (B) By September 30, 1998, 50 percent. (B) The national security interests that ing findings: (C) By September 30, 1999, 62.5 percent. support permanently stationing elements of June 25, 1996 CONGRESSIONAL RECORD — SENATE S6871 the United States Armed Forces outside the Charter of the United Nations and their de- tions for the United States of enlargement United States. sire to live in peace with all peoples and all decisions. (C) The stationing costs associated with governments. They are determined to safe- (b) REPORT.—Not later than the date on the forward deployment of elements of the guard the freedom, common heritage and which the President submits the budget for United States Armed Forces. civilization of their peoples, founded on the fiscal year 1998 to Congress under section (D) The alternatives available to forward principles of democracy, individual liberty 1105 of title 31, United States Code, the deployment (such as material and the rule of law. They seek to promote President shall transmit a report on NATO prepositioning, enhanced airlift and sealift, stability and well-being in the North Atlan- enlargement to the Committee on Armed or joint training operations) to meet such al- tic Area. They are resolved to unite their ef- Services and the Committee on Foreign Re- liance requirements or national security in- forts for collective defense and for the pres- lations of the Senate and the Committee on terests, with such alternatives identified and ervation of peace and security.’’. National Security and the Committee on International Relations of the House of Rep- described in detail. (4) Article 5 of the North Atlantic Treaty resentatives. The report shall contain a com- (E) The costs and force structure configu- provides for NATO member nations to treat prehensive discussion of the following: rations associated with such alternatives to an attack on one as an attack on all. forward deployment. (1) The costs, for prospective new NATO (5) NATO has enlarged its membership members, NATO, and the United States, that (F) The financial contributions that allies three times since its establishment in 1949. of the United States make to common de- are associated with the illustrative options (6) At its ministerial meeting on December used by the Congressional Budget Office in fense efforts (to promote democratization, 1, 1994, NATO decided to enlarge the Alliance the March 1996 study referred to in sub- economic stabilization, transparency ar- as part of an evolutionary process, taking section (a)(10) as well as any other illus- rangements, defense economic conversion, into account political and security develop- trative options that the President considers respect for the rule of law, and internation- ments in the whole of Europe. It was also de- appropriate and relevant. ally recognized human rights). cided at that time that enlargement would (2) The manner in which prospective new (G) The contributions that allies of the be decided on a case-by-case basis and that NATO members would be defended against United States make to meeting the station- new members would be full members of the attack, including any changes required in ing costs associated with the forward deploy- Alliance, enjoying the rights and assuming NATO’s nuclear posture. ment of elements of the United States all obligations of membership. (3) Whether NATO enlargement can pro- Armed Forces. (7) The September 1995 NATO study on en- ceed prior to France’s reintegration into (H) The annual expenditures of the United larging the Alliance concluded that the NATO’s command structure and Germany’s States and its allies on national defense, and ‘‘coverage provided by Article 5, including participation in NATO-conducted crisis man- the relative percentages of each nation’s its nuclear component, will apply to new agement and combat operations. gross domestic product constituted by those members’’, but that there ‘‘is no a priori re- (4) Whether NATO enlargement can pro- expenditures. quirement for the stationing of nuclear ceed prior to reorganization of NATO’s mili- (2) The President shall submit to Congress weapons on the territory of new members.’’. tary command structure and the maturation a report on the review under paragraph (1). (8) At its ministerial meeting on June 3, of policies to perform non-Article 5 oper- The report shall be submitted not later than 1996, NATO made decisions in three key ations. March 1, 1997, in classified and unclassified areas as follows: (5) Whether an enlarged NATO will be able form. (A) To create more deployable head- to function on a consensus basis. quarters and more mobile forces to mount (6) The extent to which prospective new HARKIN AMENDMENT NO. 4178 traditional missions of collective defense as NATO members have achieved interoper- (Ordered to lie on the table.) well as to mount non-Article 5 operations. ability of their military equipment, air de- (B) To preserve the transatlantic link. fense systems, and command, control, and Mr. HARKIN submitted an amend- (C) To develop a European Security and communications systems and conformity of ment intended to be proposed by him Defense Identity within the Alliance, includ- military doctrine with those of NATO. to the bill, S. 1745, supra; as follows: ing utilization of the approved Combined (7) The extent to which prospective new At the end of subtitle B of title III, add the Joint Task Forces (CJTF) concept, to facili- NATO members have established democratic following: tate the use of separable but not separate institutions, free market economies, civilian SEC. 315. PROHIBITION ON USE OF FUNDS TO military capabilities in operations led by the control of their armed forces, including par- PAY CONTRACTOR COSTS OF CER- WEU. liamentary oversight of military affairs and TAIN RESTRUCTURING. (9) Enlargement of the Alliance has pro- appointment of civilians to senior defense None of the funds authorized to be appro- found implications for all of its member na- positions, and the rule of law. priated for the Department of Defense by tions, for the nations chosen for admission (8) The extent to which prospective new this Act may be obligated or expended to pay to the Alliance in the first tranche, for the NATO members are committed to protecting a contractor under a contract with the De- nations not included in the first tranche, and the rights of all their citizens, including na- partment for any costs incurred by the con- for the relationship between the members of tional minorities, and respecting the terri- tractor when it is made known to the Fed- the Alliance and Russia. torial integrity of their neighbors. eral official having authority to obligate or (10) The Congressional Budget Office has (9) The extent to which prospective new expend such funds that such costs are re- studied five illustrative options to defend NATO members are in a position to further structuring costs associated with a business the so-called Visegrad nations (Poland, the the principles of the North Atlantic Treaty combination that were incurred on or after Czech Republic, Slovakia, and Hungary) to and to contribute to the security of the August 15, 1994. determine the cost of such defense. North Atlantic area. (11) The results of the Congressional Budg- (10) The bilateral assistance, including NUNN AMENDMENTS NOS. 4179–4180 et Office study, issued in March 1996, in- cost, provided by the United States to pro- cluded conclusions that the cost of defending spective new NATO members since the insti- (Ordered to lie on the table.) the Visegrad nations over the 15-year period tution of the Partnership for Peace program. Mr. NUNN submitted two amend- from 1996 through 2010 would range from (11) The impact on the political, economic, ments intended to be proposed by him $61,000,000,000 to $125,000,000,000; and that of and security well-being of prospective new to the bill, S. 1745, supra; as follows: those totals the cost to the new members NATO members, with a particular emphasis AMENDMENT NO. 4179 would range from $42,000,000,000 to on Ukraine, if they are not selected for in- $51,000,000,000, and the cost to NATO would clusion in the first tranche of NATO enlarge- At the end of subtitle D of title X, add the range from $19,000,000,000 to $73,000,000,000, of ment. following: which the United States would expect to pay (12) The relationship of prospective new SEC. 1044. REPORT ON NATO ENLARGEMENT. between $5,000,000,000 and $19,000,000,000. NATO members to the European Union, with (a) FINDINGS.—Congress makes the follow- (12) The Congressional Budget Office study special emphasis on the accession of such na- ing findings: did not determine the cost of enlarging the tions to membership in the European Union (1) Since World War II the United States Alliance to include Slovenia, Romania, and on the extent to which the European has spent trillions of dollars to enable our Ukraine, the Baltic nations, or other nations Union has opened its markets to prospective European allies to recover from the devasta- that are participating in NATO’s Partner- new NATO members. tion of the war and, since 1949, to enhance ship for Peace program. (13) The impact of NATO enlargement on the stability and security of the Euro-Atlan- (13) Enlarging the Alliance could be consid- the CFE Treaty. tic area through the North Atlantic Treaty ered as changing the circumstances that con- (14) The relationship of Russia with NATO, Organization (NATO). stitute the basis for the Treaty on Conven- including Russia’s participation in the Part- (2) NATO has been the most successful col- tional Forces in Europe. nership for Peace program and NATO’s stra- lective security organization in history. (14) The discussion of NATO enlargement tegic dialogue with Russia. (3) The Preamble to the Washington Trea- within the United States, in general, and the (15) The anticipated impact of NATO en- ty (North Atlantic Treaty) provides that: United States Congress, in particular, has largement on Russian foreign and defense ‘‘The Parties to this Treaty reaffirm their not been as comprehensive, detailed, and in- policies, including in particular the imple- faith in the purposes and principles of the formed as it should be, given the implica- mentation of START I, the ratification of S6872 CONGRESSIONAL RECORD — SENATE June 25, 1996 START II, and the emphasis placed in de- measures that can lower the threat and curb system require modification of the ABM fense planning on nuclear weapons. the spread of ballistic missile technology. Treaty, the treaty establishes the means for (c) CLASSIFICATION OF REPORT.—The report (4) The massive retaliatory capability of the parties to amend the treaty, which the shall be submitted in unclassified form, but the United States deterred the Soviet Union, parties have used in the past. may contain a classified annex. and any other nation, from launching an at- (14) While a single-site national missile de- (d) TREATIES DEFINED.—In this section: tack by intercontinental ballistic missiles fense system can defend all of the United (1) The terms ‘‘CFE Treaty’’ and ‘‘Treaty throughout the Cold War. The Nuclear Pos- States against limited ballistic missile at- on Conventional Armed Forces in Europe’’ ture Review conducted by the Department of tacks, the addition of a second site would mean the treaty signed in Paris on Novem- Defense affirms the fundamental effective- substantially improve the effectiveness of a ber 19, 1990, by 22 members of the North At- ness of deterrence of large-scale nuclear at- limited national missile defense system. lantic Treaty Organization and the former tacks now and into the future. While the (15) Adding a second national missile de- Warsaw Pact to establish limitations on con- threat of intentional attack upon the United fense site to the initial national missile de- ventional armed forces in Europe, and all an- States has receded, the risk of an accidental fense system at the former Safeguard anti- nexes and memoranda pertaining thereto. or unauthorized attack by Russia or China ballistic missile defense site at Grand Forks, (2) The term ‘‘START I Treaty’’ means the remains, albeit remotely. North Dakota, results in only a slight deg- Treaty Between the United States of Amer- (5) United States arms control agreements radation of two-site effectiveness when com- ica and the Union of Soviet Socialist Repub- (notably the START I Treaty and the pared to two optimally-sited national mis- lics on the Reduction and Limitation of START II Treaty, once implemented) will sile defense deployment locations. Strategic Offensive Arms, signed at Moscow significantly reduce the threat to the United (b) WEAPONS OF MASS DESTRUCTION OTHER on July 31, 1991. States from large-scale nuclear attack. The THAN MISSILE-DELIVERED NUCLEAR WEAP- (3) The term ‘‘START II Treaty’’ means START I Treaty, when fully implemented, ONS.—With respect to threatened employ- the Treaty Between the United States of will reduce deployed strategic warheads by ment of weapons of mass destruction other America and the Russian Federation on Fur- over 40 percent below 1990 levels. By the end than nuclear weapons delivered by long- ther Reduction and Limitation of Strategic of 1996, only Russia, among the states of the range ballistic missiles against the United Offensive Arms, signed at Moscow on Janu- former Soviet Union, will deploy nuclear States, Congress makes the following find- ary 3, 1993, including the following protocols weapons. The START II Treaty, once imple- ings: and memorandum of understanding, all such mented, will reduce strategic warheads de- (1) In addition to the threat of nuclear documents being integral parts of and collec- ployed in Russia by 66 percent below their weapons delivered by long-range ballistic tively referred to as the ‘‘START II Treaty’’ levels before the Start I Treaty. missiles, the United States faces other (contained in Treaty Document 103–1): (6) As strategic offensive weapons are re- threatened uses of weapons of mass destruc- (A) The Protocol on Procedures Governing duced, the efficacy and affordability of de- tion, including chemical, biological, and ra- Elimination of Heavy ICBMs and on Proce- fensive systems increases, strengthening the diological weapons, and other delivery dures Governing Conversion of Silo Launch- long-term prospects for deterrence based means, including commercial or private air- ers of Heavy ICBMs Relating to the Treaty upon effective defenses in addition to deter- craft, cruise missiles, international shipping Between the United States of America and rence based upon the threat of retaliation. containers delivered by land or sea, and do- the Russian Federation on Further Reduc- (7) Countries hostile to the United States mestic manufacture and delivery by private tion and Limitation of Strategic Offensive (such as Iraq, Iran, North Korea, and Libya) entities. Arms (also known as the ‘‘Elimination and have manifested an interest in developing (2) Chemical weapons have already threat- Conversion Protocol’’). both nuclear weapons and ballistic missiles ened United States citizens. The terrorist (B) The Protocol on Exhibitions and In- capable of reaching the United States. In the bomb used against the World Trade Center in spections of Heavy Bombers Relating to the absence of outside assistance, newly emerg- New York City contained materials intended Treaty Between the United States and the ing threats from these countries may take as to generate lethal chemicals in addition to Russian Federation on Further Reduction long as 15 years or more to mature, accord- the explosive effect, but the materials failed and Limitation of Strategic Offensive Arms ing to recent intelligence estimates. These to generate a toxic mixture. (also known as the ‘‘Exhibitions and Inspec- countries could accelerate the development (3) The explosive device used against the tions Protocol’’). of long-range missiles if they receive exter- Murrah Federal Building in Oklahoma City (C) The Memorandum of Understanding on nal support. was constructed of commonly available ma- Warhead Attribution and Heavy Bomber (8) The Nuclear Non-Proliferation Treaty, terials in the United States and delivered by Data Relating to the Treaty Between the the Missile Technology Control Regime, the rental truck. United States of America and the Russian Biological and Chemical Weapons Conven- (4) The Aum Shinrikyo sect in Japan man- Federation on Further Reduction and Limi- tions, and continuing United States efforts ufactured lethal sarin gas and released it in tation of Strategic Offensive Arms (also to enforce export controls may prevent or Tokyo subways, causing numerous fatalities delay external assistance needed by those known as the ‘‘Memorandum on Attribu- and thousands of casualties. countries to develop intercontinental ballis- tion’’). (5) Chechen rebels threatened to spread le- tic missiles and weapons of mass destruc- thal radiation throughout Moscow and re- AMENDMENT NO. 4180 tion. Cooperation among our allies and the vealed to the media the location of a small Russian Federation to limit exports of the At the end of division A, add the following: radioactive source hidden in a Moscow park. relevant hardware and knowledge can help. (6) Federal, State, and local governments TITLE XIII—NATIONAL MISSILE DEFENSE (9) The ABM Treaty has added to strategic are all poorly prepared to deal with threat- SEC. 1301. SHORT TITLE. stability by restraining the requirement on ened or actual use of chemical, biological, or This title may be cited as the ‘‘National both sides for strategic weapons. At the sum- radiological weapons against United States Missile Defense Act of 1996’’. mit in May 1995, the President of the United cities. SEC. 1302. FINDINGS. States and the President of Russia each re- (7) Therefore, it is necessary for priorities (a) MISSILE DEFENSES AND ARMS CONTROL affirmed his country’s commitment to the to be established for dealing with the full AGREEMENTS.—With respect to missile de- ABM Treaty. spectrum of threatened use of weapons of fenses and arms control agreements, Con- (10) Abrogating the ABM Treaty to deploy mass destruction against the United States gress makes the following findings: a noncompliant national missile defense sys- based on assessments of the likelihood of the (1) Short-range theater ballistic missiles tem will not add to strategic stability if it occurrence of each particular threat, and for threaten United States Armed Forces en- impedes implementation of the START I or funding to be allocated in accordance with gaged abroad. Therefore, the expeditious de- START II Treaties. Without the reductions those priorities. ployment of theater missile defenses to to strategic weapons required by both trea- (c) DEVELOPMENT OF COMPLEX SYSTEMS.— intercept ballistic missiles threatening the ties, the consequences and risks of unauthor- With respect to the development of complex Armed Forces abroad is the highest priority ized or accidental launches will increase. systems, Congress makes the following find- among all ballistic missile defense programs. (11) If the nuclear arsenal of the United ings: (2) The United States is developing defen- States must be maintained at START I lev- (1) The United States developed and de- sive systems to protect the United States els, significant unbudgeted costs will be in- ployed an antiballistic missile system known against the emerging threat of limited stra- curred, encroaching on funds for ballistic as Safeguard. The system was deactivated tegic ballistic missile attacks. Ground-based missile defenses and all other defense re- only months after achieving initial operat- defensive systems are attainable, are per- quirements. ing capability because of high cost and con- mitted by the ABM Treaty, are available (12) Should the combination of arms con- cern about limited effectiveness. sooner and are more affordable than spaced- trol, nonproliferation efforts, and deterrence (2) Since 1983, the United States has ex- based interceptors or space-based lasers, and fail, the United States must be able to de- pended more than $35,000,000,000 on the devel- can protect all of the United States from fend itself against limited ballistic missile opment of missile defenses, and most of that limited ballistic missile attack. attack. has been expended for the development of na- (3) Deterring limited ballistic missile at- (13) National missile defense systems con- tional missile defenses. tacks upon our national territory requires sistent with the ABM Treaty are capable of (3) There exists today no operational hard- not only national missile defenses but arms defending against limited ballistic missile ware that could be deployed to provide a na- control agreements and nonproliferation attack. Should a national missile defense tional missile defense capability against June 25, 1996 CONGRESSIONAL RECORD — SENATE S6873 strategic ballistic missiles. Therefore, there whether to deploy the antiballistic missile The motion is highly privileged in the House exist no test data from which to assess the system developed under this section. In addi- of Representatives and is privileged in the performance and cost of a deployed national tion, the report shall include the following: Senate and is not debatable. The motion is missile defense system. (1) A description of the system that could not subject to amendment, or to a motion to (4) Congress has traditionally insisted that be deployed. postpone, or to a motion to proceed to the major weapon systems be rigorously tested (2) A discussion of the basis for the Presi- consideration of other business. A motion to prior to full-rate production so that system dent’s recommendation in terms of the fac- reconsider the vote by which the motion is performance is demonstrated and system tors set forth in subsection (c). agreed to or disagreed to shall not be in cost estimates are better refined. (e) CONGRESSIONAL DECISION ON DEPLOY- order. (5) Therefore, consistent with that tradi- MENT.—(1) The report of the President under (5) If, before the passage by one House of a tion, it is appropriate that any national mis- subsection (d) shall be referred to the Com- resolution of that House described in para- sile defense system developed for deployment mittee on Armed Services of the Senate upon graph (1), that House receives from the other be rigorously tested prior to a deployment receipt in the Senate and to the Committee House a resolution described in paragraph decision in order to demonstrate successful on National Security of the House of Rep- (1), then the following procedures shall performance and refine system costs. resentatives upon receipt in that House. apply: SEC. 1303. NATIONAL MISSILE DEFENSE POLICY. (2) A joint resolution described in para- (A) The resolution of the other House shall (a) RESEARCH AND DEVELOPMENT PRO- graph (1) of subsection (f) that is introduced not be referred to a committee. GRAM.—(1) The Secretary of Defense shall within the 30-day period beginning on the (B) With respect to a resolution described conduct a research and development program date on which Congress receives the Presi- in paragraph (1) of the House receiving the to develop an antiballistic missile system de- dent’s report shall be considered under the resolution— scribed in subsection (b) that could achieve expedited procedures set forth in that sub- (i) the procedure in that House shall be the initial operational capability by the end of section. same as if no resolution had been received 2003. (f) EXPEDITED PROCEDURE.—(1) For the pur- from the other House; but (2) A decision whether to deploy the anti- poses of subsection (e)(2), ‘‘joint resolution’’ (ii) the vote on final passage shall be on ballistic missile system shall be made by means only a joint resolution the matter the resolution of the other House. Congress during 2000 in accordance with this after the resolving clause of which is as fol- (6) This subsection is enacted by Con- section. lows: gress— (3) The Secretary shall ensure that the de- ‘‘Congress authorizes the Secretary of De- (A) as an exercise of the rulemaking power velopment and deployment of an antiballis- fense to begin the deployment at the former of the Senate and House of Representatives, tic missile system under this section fully Safeguard antiballistic missile site, Grand respectively, and as such it is deemed a part complies with the ABM Treaty and with all Forks, North Dakota, of an antiballistic mis- of the rules of each House, respectively, but other treaty obligations. sile system that— applicable only with respect to the procedure (b) SYSTEM DESIGN.—The antiballistic mis- ‘‘(1) is designed to protect the United to be followed in that House in the case of a sile system developed under subsection (a) States against limited ballistic missile resolution described in paragraph (1), and it shall— threats, including accidental or unauthor- supersedes other rules only to the extent (1) be designed to protect the United States ized launches or attacks by Third World that it is inconsistent with such rules; and against limited ballistic missile threats, in- countries; (B) with full recognition of the constitu- cluding accidental or unauthorized launches ‘‘(2) is developed for deployment at a single tional right of either House to change the or attacks by Third World countries; site; and rules (so far as relating to the procedure of (2) be developed for deployment at a single ‘‘(3) includes as the system components— that House) at any time, in the same manner site; and ‘‘(A) fixed, ground-based, antiballistic mis- and to the same extent as in the case of any (3) include as the system components— sile battle management radars at the site; other rule of that House. (A) fixed, ground-based, antiballistic mis- ‘‘(B) up to 100 ground-based interceptor SEC. 1304. RELATIONSHIP OF ABM SYSTEM DE- sile battle management radars at the site; missiles; PLOYMENT AND ARMS CONTROL. (B) up to 100 ground-based interceptor mis- ‘‘(C) as necessary, space-based adjuncts, in- (a) FINDINGS.—Congress makes the follow- siles; cluding the Space Surveillance and Missile ing findings: (C) as necessary, space-based adjuncts, in- Tracking System, that are not prohibited by (1) Deployment of an antiballistic missile cluding the Space Surveillance and Missile the ABM Treaty; and system in accordance with section 1303 is Tracking System, that are not prohibited by ‘‘(D) as necessary, Large Phased Array Ra- fully consistent with the rights of the par- the ABM Treaty; and dars (upgraded from other radars or newly ties to the ABM Treaty. (D) as necessary, Large Phased Array Ra- constructed) that are located on the periph- (2) Deployment of an antiballistic missile dars (upgraded from other radars or newly ery of the United States, face outward, and system in accordance with section 1303 would constructed) that are located on the periph- are not prohibited by the ABM Treaty.’’. not threaten the deterrent capability of the ery of the United States, face outward, and (2) A resolution described in paragraph (1) Russian nuclear missile forces at force levels are not prohibited by the ABM Treaty. introduced in the House of Representatives agreed to under the START I Treaty, at (c) DEPLOYMENT DECISION FACTORS.—The shall be referred to the Committee on Na- force levels permitted under the START II factors to be considered by Congress for a de- tional Security of the House of Representa- Treaty, or even at force levels below the cision to deploy the antiballistic missile sys- tives. A resolution described in paragraph (1) agreed or permitted force levels. tem are as follows: introduced in the Senate shall be referred to (b) DISCUSSIONS WITH RUSSIA.—Congress (1) The projected threat of ballistic missile the Committee on Armed Services of the urges the President to pursue discussions attack against the United States in 2000 and Senate. Such a resolution may not be re- with Russia regarding— following years. ported before the eighth day after its intro- (1) potential opportunities for cooperation (2) The projected cost and effectiveness of duction. on research and development of ballistic the system, determined on the basis of the (3) If the committee to which is referred a missile defense capabilities, including, for technology available in 2000 and the perform- resolution described in paragraph (1) has not example— ance of the system as demonstrated in test- reported such resolution (or an identical res- (A) research and development of missile ing. olution) at the end of 30 days after its intro- warning and tracking capabilities; (3) The projected cost and effectiveness of duction or at the end of the first day after (B) research and development of intel- the system if, at the time of the decision to there has been reported to the House in- ligence and warning indications regarding deploy, development for deployment were to volved a joint resolution described in para- Third World activities on ballistic missiles be continued for— graph (1), whichever is earlier, such commit- and weapons of mass destruction; and (A) one additional year, tee shall be deemed to be discharged from (C) joint research and development of more (B) two additional years, and further consideration of such resolution and effective theater missile defenses; (C) three additional years, such resolution shall be placed on the appro- (2) amendments to the ABM Treaty, as taking into consideration the projected priate calendar of the House involved. necessary, that would permit development availability of any synergistic systems that (4) When the committee to which a resolu- and deployment of more effective limited de- are under development in 2000. tion is referred has reported, or has been fenses of the two countries against long- (4) Arms control factors. deemed to be discharged (under paragraph range ballistic missile attacks; and (5) The preparedness of the United States (3)) from further consideration of, a resolu- (3) establishment of conditions conducive to defend the United States against the full tion described in paragraph (1), it is at any to more effective national missile defense, range of threats of attack by weapons of time thereafter in order (even though a pre- such as rescinding the 1974 Protocol to the mass destruction, and the relative priorities vious motion to the same effect has been dis- ABM Treaty and making conforming for funding of defenses against such threats. agreed to) for any Member of the respective changes to the ABM Treaty in order to per- (d) DEPLOYMENT RECOMMENDATION.—Not House to move to proceed to the consider- mit in each country a second ballistic mis- later than March 31, 2000, the President shall ation of the resolution, and all points of sile defense site, optimally located, and up submit to Congress a report containing the order against the resolution (and against to 100 additional interceptor missiles at such President’s recommendation regarding consideration of the resolution) are waived. site. S6874 CONGRESSIONAL RECORD — SENATE June 25, 1996

(c) ALTERNATIVE ACTION UNDER ABM TREA- develop a comprehensive plan for reducing Limitation of Anti-Ballistic Missile Sys- TY.—If the President determines that, due to the threat to the United States of weapons of tems, signed at Moscow on May 26, 1972, and increasing threats of ballistic missile attack mass destruction. The Secretary shall de- includes Protocols to that Treaty signed at on the United States, it is necessary to ex- velop the plan jointly with the Secretary of Moscow on July 3, 1974, and all Agreed State- pand the antiballistic missile system pro- State, the Secretary of Energy, the Sec- ments and amendments to such Treaty in ef- vided for under section 1303 beyond limits retary of the Treasury, the Attorney Gen- fect. provided under the ABM Treaty and that dis- eral, and the Director of Central Intel- (2) The term ‘‘START I Treaty’’ means the cussions between the United States and Rus- ligence. The plan shall implement the re- Treaty Between the United States of Amer- sia regarding cooperative liberalization of quirements of subsections (a) and (b). ica and the Union of Soviet Socialist Repub- those limits is unsuccessful, the President SEC. 1307. JOINT PRESIDENTIAL-CONGRES- lics on the Reduction and Limitation of shall consult with Congress on whether to SIONAL REVIEW AFTER DEPLOY- Strategic Offensive Arms, signed at Moscow exercise the right under Article XV of the MENT OF INITIAL ABM SYSTEM. on July 31, 1991, including related annexes on ABM Treaty for a party to withdraw from (a) REVIEW REQUIRED.—After the first na- agreed statements and definitions, protocols, the treaty. tional missile defense system deployed after and memorandum of understanding. SEC. 1305. DEVELOPMENT OF FOLLOW-ON NA- the date of the enactment of this Act attains (3) The term ‘‘START II Treaty’’ means TIONAL MISSILE DEFENSE TECH- initial operational capability, the President the Treaty Between the United States of NOLOGIES. and Congress shall jointly review the mat- America and the Russian Federation on Fur- The Secretary of Defense, through the Bal- ters described in subsection (b) in order to listic Missile Defense Organization, shall ther Reduction and Limitation of Strategic determine priorities for future research and maintain a robust program of research and Offensive Arms, signed at Moscow on Janu- development, and possible deployment, of development of national missile defense ary 3, 1993, including the following protocols technologies while developing for deploy- national missile defense technologies and for and memorandum of understanding, all such ment the antiballistic missile system pro- continued cooperation with Russia on arms documents being integral parts of and collec- vided for under section 1303. These research control. tively referred to as the ‘‘START II Treaty’’ and development activities shall be con- (b) MATTERS TO BE REVIEWED.—The review (contained in Treaty Document 103–1): ducted in full compliance with the ABM shall cover the following matters: (A) The Protocol on Procedures Governing Treaty. (1) The status of cooperation and discus- Elimination of Heavy ICBMs and on Proce- sions between the United States and Russia SEC. 1306. POLICY REGARDING REDUCTION OF dures Governing Conversion of Silo Launch- THE THREAT TO THE UNITED on matters described in section 1304(b) and ers of Heavy ICBMs Relating to the Treaty STATES FROM WEAPONS OF MASS on other matters of common interest for the Between the United States of America and DESTRUCTION. national security of both countries. the Russian Federation on Further Reduc- (a) MEASURES TO ADDRESS THREATS FROM (2) The projected threat of ballistic missile tion and Limitation of Strategic Offensive WEAPONS OF MASS DESTRUCTION.—In order to attack on the United States. Arms (also known as the ‘‘Elimination and defend against weapons of mass destruction (3) Other projected threats of attacks on Conversion Protocol’’). by preventing the spread of fissile materials the United States with weapons of mass de- (B) The Protocol on Exhibitions and In- and other components of weapons of mass de- struction. spections of Heavy Bombers Relating to the struction, the President shall— (4) United States preparedness to respond Treaty Between the United States and the (1) enhance efforts, both unilaterally and to or defend against such threats. Russian Federation on Further Reduction in cooperation with other nations, to prevent (5) The status of research and development and Limitation of Strategic Offensive Arms terrorist organizations from obtaining and on national missile defense technologies re- (also known as the ‘‘Exhibitions and Inspec- using weapons of mass destruction; ferred to in section 1305. tions Protocol’’). (2) expedite United States efforts to assist SEC. 1308. REPORTING REQUIREMENT. (C) The Memorandum of Understanding on the Governments of Russia, Ukraine, (a) REQUIREMENT.—Not later than March Warhead Attribution and Heavy Bomber Belarus, and Kazakhstan, as appropriate, in 15, 1997, the Secretary of Defense shall sub- Data Relating to the Treaty Between the improving the safety, security, and account- mit to Congress a report on the following United States of America and the Russian ability of fissile materials and nuclear war- plans: Federation on Further Reduction and Limi- heads; (1) The Secretary’s plan for the carrying tation of Strategic Offensive Arms (also (3) undertake additional steps to prevent out the national missile defense program in known as the ‘‘Memorandum on Attribu- weapons of mass destruction and their com- accordance with the requirements of this tion’’). ponents from being smuggled into the United Act. (4) The term ‘‘Missile Technology Control States, through the use of improved security (2) The plan for reducing the threat to the Regime’’ has the meaning given such term in devices at United States ports of entry, in- United States of weapons of mass destruc- section 11B(c) of the Export Administration creased numbers of Border Patrol agents, in- tion prepared pursuant to section 1306(c). Act of 1979 (50 U.S.C. App. 2410b(c)). creased monitoring of international borders, (b) PLAN FOR NATIONAL MISSILE DEFENSE.— and other appropriate measures; With respect to the Secretary’s plan for the (4) seek the widest possible international NUNN (AND OTHERS) AMENDMENT national missile defense program, the report adherence to the Missile Technology Control NO. 4181 shall include the following matters: Regime and pursue to the fullest other ex- (1) The antiballistic missile system archi- (Ordered to lie on the table.) port control measures intended to deter and tecture, including— Mr. NUNN (for himself, Mr. LUGAR, counter the spread of weapons of mass de- (A) a detailed description of the system ar- and Mr. DOMENICI) submitted an struction and their components; and chitecture selected for development; and (5) enhance conventional weapons systems amendment intended to be proposed by (B) a justification of the architecture se- to ensure that the United States possesses them to the bill, S. 1745, supra; as fol- lected and reasons for the rejection of the effective deterrent and counterforce capa- lows: other candidate architectures. bilities against weapons of mass destruction (2) The Secretary’s estimate of the amount At the end of division A, add the following and their delivery systems. of appropriations required for research, de- new title: (b) MEASURES TO ADDRESS THREATS FROM velopment, test, and evaluation, and for pro- TITLE XIII—DEFENSE AGAINST WEAPONS ICBMS.—In order to reduce the threat to the OF MASS DESTRUCTION United States from weapons of mass destruc- curement, for each of fiscal years 1997 tion delivered by intercontinental ballistic through 2003 in order to achieve an initial SEC. 1301. SHORT TITLE. missiles, including accidental or unauthor- operational capability of the antiballistic This title may be cited as the ‘‘Defense ized launches, the President shall— missile system in 2003. Against Weapons of Mass Destruction Act of (1) urge the Government and Parliament of (3) A description of promising technologies 1996’’. Russia to ratify the START II Treaty as to be pursued in accordance with the require- SEC. 1302. FINDINGS. soon as possible, permitting its expeditious ments of section 1305. Congress makes the following findings: entry into force; (4) A determination of the point, if any, at (1) Weapons of mass destruction and relat- (2) pursue with the Government of Russia, which any activity that is required to be car- ed materials and technologies are increas- after START II entry-into-force, a symmet- ried out under this title would conflict with ingly available from worldwide sources. rical program of early deactivation of strate- the terms of the ABM Treaty, together with Technical information relating to such gic forces to be eliminated under START II; a description of any such activity, the legal weapons is readily available on the Internet, and basis for the Secretary’s determination, and and raw materials for chemical, biological, (3) work jointly with countries possessing an estimate of the time at which such point and radiological weapons are widely avail- intercontinental ballistic missiles to im- would be reached in order to meet an initial able for legitimate commercial purposes. prove command and control technology operating capability in the year 2003. (2) The former Soviet Union produced and (such as permissive actions links and other SEC. 1309. TREATIES DEFINED. maintained a vast array of nuclear, biologi- safety devices) and operations to the maxi- In this title: cal, and chemical weapons of mass destruc- mum extent practicable. (1) The term ‘‘ABM Treaty’’ means the tion. (c) PLAN TO REDUCE THREATS OF WEAPONS Treaty between the United States and the (3) Many of the states of the former Soviet OF MASS DESTRUCTION.—The Secretary shall Union of Soviet Socialist Republics on the Union retain the facilities, materials, and June 25, 1996 CONGRESSIONAL RECORD — SENATE S6875 technologies capable of producing additional duction programs, but are ineffective in (2) The President may designate the head quantities of weapons of mass destruction. monitoring and controlling smaller, though of an agency other than the Department of (4) The disintegration of the former Soviet potentially more dangerous, unconventional Defense to assume the responsibility for car- Union was accompanied by disruptions of proliferation efforts. rying out the program on or after October 1, command and control systems, deficiencies (19) Conventional counterproliferation ef- 1999, and relieve the Secretary of Defense of in accountability for weapons, weapons-re- forts would do little to detect or prevent the that responsibility upon the assumption of lated materials and technologies, economic rapid development of a capability to sud- the responsibility by the designated official. hardships, and significant gaps in border denly manufacture several hundred chemical (3) Hereafter in this section, the official re- control among the states of the former So- or biological weapons with nothing but com- sponsible for carrying out the program is re- viet Union. The problems of organized crime mercial supplies and equipment. ferred to as the ‘‘lead official’’. and corruption in the states of the former (20) The United States lacks adequate plan- (b) COORDINATION.—In carrying out the pro- Soviet Union increase the potential for pro- ning and countermeasures to address the gram, the lead official shall coordinate with liferation of nuclear, radiological, biological, threat of nuclear, radiological, biological, each of the following officials who is not and chemical weapons and related materials. and chemical terrorism. serving as the lead official: (5) The conditions described in paragraph (21) The Department of Energy has estab- (1) The Director of the Federal Emergency (4) have substantially increased the ability lished a Nuclear Emergency Response Team Management Agency. of potentially hostile nations, terrorist which is available in case of nuclear or radi- (2) The Secretary of Energy. groups, and individuals to acquire weapons ological emergencies, but no comparable (3) The Secretary of Defense. of mass destruction and related materials units exist to deal with emergencies involv- (4) The heads of any other Federal, State, and technologies from within the states of ing biological, or chemical weapons or relat- and local government agencies that have an the former Soviet Union and from unem- ed materials. expertise or responsibilities relevant to ployed scientists who worked on those pro- (22) State and local emergency response emergency responses described in subsection grams. personnel are not adequately prepared or (a)(1). (6) As a result of such conditions, the capa- trained for incidents involving nuclear, radi- (c) ELIGIBLE PARTICIPANTS.—The civilian bility of potentially hostile nations and ter- ological, biological, or chemical materials. personnel eligible to receive assistance under rorist groups to acquire nuclear, radiologi- (23) Exercises of the Federal, State, and the program are civilian personnel of Fed- cal, biological, and chemical weapons is local response to nuclear, radiological, bio- eral, State, and local agencies who have greater than any time in history. logical, or chemical terrorism have revealed emergency preparedness responsibilities. (7) The President has identified North serious deficiencies in preparedness and se- (d) INVOLVEMENT OF OTHER FEDERAL AGEN- Korea, Iraq, Iran, and Libya as hostile states vere problems of coordination. CIES.—(1) The lead official may use personnel which already possess some weapons of mass (24) The development of, and allocation of and capabilities of Federal agencies outside destruction and are developing others. responsibilities for, effective counter- the agency of the lead official to provide (8) The acquisition or the development and measures to nuclear, radiological, biological, training and expert advice under the pro- use of weapons of mass destruction is well or chemical terrorism in the United States gram. within the capability of many extremist and requires well-coordinated participation of (2)(A) Personnel used under paragraph (1) terrorist movements, acting independently many Federal agencies, and careful planning shall be personnel who have special skills or as proxies for foreign states. by the Federal Government and State and relevant to the particular assistance that (9) Foreign states can transfer weapons to local governments. the personnel are to provide. (B) Capabilities used under paragraph (1) or otherwise aid extremist and terrorist (25) Training and exercises can signifi- shall be capabilities that are especially rel- movements indirectly and with plausible cantly improve the preparedness of State evant to the particular assistance for which deniability. and local emergency response personnel for the capabilities are used. (10) Terrorist groups have already con- emergencies involving nuclear, radiological, (e) AVAILABLE ASSISTANCE.—Assistance ducted chemical attacks against civilian tar- biological, or chemical weapons or related available under this program shall include gets in the United States and Japan, and a materials. the following: radiological attack in Russia. (26) Sharing of the expertise and capabili- (1) Training in the use, operation, and (11) The potential for the national security ties of the Department of Defense, which tra- maintenance of equipment for— of the United States to be threatened by nu- ditionally has provided assistance to Fed- (A) detecting a chemical or biological clear, radiological, chemical, or biological eral, State, and local officials in neutraliz- agent or nuclear radiation; terrorism must be taken as seriously as the ing, dismantling, and disposing of explosive (B) monitoring the presence of such an risk of an attack by long-range ballistic mis- ordnance, as well as radiological, biological, agent or radiation; siles carrying nuclear weapons. and chemical materials, can be a vital con- (C) protecting emergency personnel and (12) There is a significant and growing tribution to the development and deploy- the public; and threat of attack by weapons of mass destruc- ment of countermeasures against nuclear, bi- (D) decontamination. tion on targets that are not military targets ological, and chemical weapons of mass de- (2) Establishment of a designated tele- in the usual sense of the term. struction. phonic link (commonly referred to as a ‘‘hot (13) Concomitantly, the threat posed to the (27) The United States lacks effective pol- line’’) to a designated source of relevant data citizens of the United States by nuclear, ra- icy coordination regarding the threat posed diological, biological, and chemical weapons by the proliferation of weapons of mass de- and expert advice for the use of State or delivered by unconventional means is signifi- struction. local officials responding to emergencies in- volving a weapon of mass destruction or re- cant and growing. SEC. 1303. DEFINITIONS. lated materials. (14) Mass terror may result from terrorist In this title: (3) Use of the National Guard and other re- incidents involving nuclear, radiological, bi- (1) The term ‘‘weapon of mass destruction’’ ological, or chemical materials, even if such means any weapon or device that is in- serve components for purposes authorized materials are not configured as military tended, or has the capability, to cause death under this section that are specified by the weapons. or serious bodily injury to a significant num- lead official (with the concurrence of the (15) Facilities required for production of ber of people through the release, dissemina- Secretary of Defense if the Secretary is not radiological, biological, and chemical weap- tion, or impact of— the lead official). ons are much smaller and harder to detect (A) toxic or poisonous chemicals or their (4) Loan of appropriate equipment. (f) LIMITATIONS ON DEPARTMENT OF DE- than nuclear weapons facilities, and biologi- precursors; FENSE ASSISTANCE TO LAW ENFORCEMENT cal, and chemical weapons can be deployed (B) a disease organism; or AGENCIES.—Assistance provided by the De- by alternative delivery means that are much (C) radiation or radioactivity. partment of Defense to law enforcement harder to detect than long-range ballistic (2) The term ‘‘independent states of the agencies under this section shall be provided missiles. former Soviet Union’’ has the meaning given under the authority of, and subject to the re- the term in section 3 of the FREEDOM Sup- (16) Such delivery systems have no assign- strictions provided in, chapter 18 of title 10, port Act (22 U.S.C. 5801). ment of responsibility, unlike ballistic mis- United States Code. (3) The term ‘‘highly enriched uranium’’ siles, for which a launch location would be (g) ADMINISTRATION OF DEPARTMENT OF DE- unambiguously known. means uranium enriched to 20 percent or FENSE ASSISTANCE.—The Secretary of De- (17) Covert or unconventional means of de- more in the isotope U–235. fense shall designate an official within the livery of nuclear, radiological, biological, Subtitle A—Domestic Preparedness Department of Defense to serve as the execu- and chemical weapons, which might be pref- SEC. 1311. EMERGENCY RESPONSE ASSISTANCE tive agent of the Secretary for the coordina- erable to foreign states and nonstate organi- PROGRAM. tion of the provision of Department of De- zations, include cargo ships, passenger air- (a) PROGRAM REQUIRED.—(1) The Secretary fense assistance under this section. craft, commercial and private vehicles and of Defense shall carry out a program to pro- (h) FUNDING.—(1) Of the total amount au- vessels, and commercial cargo shipments vide civilian personnel of Federal, State, and thorized to be appropriated under section routed through multiple destinations. local agencies with training and expert ad- 301, $35,000,000 is available for the program (18) Traditional arms control efforts as- vice regarding emergency responses to a use required under this section. sume large state efforts with detectable or threatened use of a weapon of mass de- (2) Of the amount available for the pro- manufacturing programs and weapons pro- struction or related materials. gram pursuant to paragraph (1), $10,500,000 is S6876 CONGRESSIONAL RECORD — SENATE June 25, 1996 available for use by the Secretary of Defense ‘‘(1) the Secretary of Defense and the At- that authority only to the Associate Attor- to assist the Surgeon General of the United torney General jointly determine that an ney General or an Assistant Attorney Gen- States in the establishment of metropolitan emergency situation exists; and eral and only if the Associate Attorney Gen- emergency medical response teams (com- ‘‘(2) the Secretary of Defense determines eral or Assistant Attorney General to whom monly referred to as ‘‘Metropolitan Medical that the provision of such assistance will not delegated has been designated by the Attor- Strike Force Teams’’) to provide medical adversely affect the military preparedness of ney General to act for, and to exercise the services that are necessary or potentially the United States. general powers of, the Attorney General. necessary by reason of a use or threatened ‘‘(b) EMERGENCY SITUATIONS COVERED.—As ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.— use of a weapon of mass destruction. used in this section, the term ‘emergency Nothing in this section shall be construed to (3) The amount available for the program situation involving a biological or chemical restrict any executive branch authority re- under paragraph (1) is in addition to any weapon of mass destruction’ means a cir- garding use of members of the armed forces other amounts authorized to be appropriated cumstance involving a biological or chemical or equipment of the Department of Defense for the program under section 301. weapon of mass destruction— that was in effect before the date of the en- SEC. 1312. NUCLEAR, CHEMICAL, AND BIOLOGI- ‘‘(1) that poses a serious threat to the in- actment of the National Defense Authoriza- CAL EMERGENCY RESPONSE. terests of the United States; and tion Act for Fiscal Year 1997.’’. (a) DEPARTMENT OF DEFENSE.—The Sec- ‘‘(2) in which— (2) The table of sections at the beginning of retary of Defense shall designate an official ‘‘(A) civilian expertise and capabilities are such chapter is amended by adding at the within the Department of Defense as the ex- not readily available to provide the required end the following: ecutive agent for— assistance to counter the threat imme- ‘‘382. Emergency situations involving chemi- (1) the coordination of Department of De- diately posed by the weapon involved; cal or biological weapons of fense assistance to Federal, State, and local ‘‘(B) special capabilities and expertise of mass destruction.’’. officials in responding to threats involving the Department of Defense are necessary and (b) CONFORMING AMENDMENT TO CONDITION biological or chemical weapons or related critical to counter the threat posed by the FOR PROVIDING EQUIPMENT AND FACILITIES.— materials or technologies, including assist- weapon involved; and Section 372(b)(1) of title 10, United States ance in identifying, neutralizing, disman- ‘‘(C) enforcement of section 175 or 2332c of Code, is amended by adding at the end the tling, and disposing of biological and chemi- title 18 would be seriously impaired if the following: ‘‘The requirement for a deter- cal weapons and related materials and tech- Department of Defense assistance were not mination that an item is not reasonably nologies; and provided. available from another source does not apply (2) the coordination of Department of De- ‘‘(c) FORMS OF ASSISTANCE.—The assistance to assistance provided under section 382 of fense assistance to the Department of En- referred to in subsection (a) includes the op- this title pursuant to a request of the Attor- ergy in carrying out that department’s re- eration of equipment (including equipment ney General for the assistance.’’. sponsibilities under subsection (b). made available under section 372 of this (c) CONFORMING AMENDMENTS RELATING TO (b) DEPARTMENT OF ENERGY.—The Sec- title) to monitor, contain, disable, or dispose AUTHORITY TO REQUEST ASSISTANCE.—(1)(A) retary of Energy shall designate an official of the weapon involved or elements of the Chapter 10 of title 18, United States Code, is within the Department of Energy as the ex- weapon. amended by inserting after section 175 the ecutive agent for— ‘‘(d) REGULATIONS.—(1) The Secretary of following: (1) the coordination of Department of En- Defense and the Attorney General shall ‘‘§ 175a. Requests for military assistance to ergy assistance to Federal, State, and local jointly issue regulations concerning the enforce prohibition in certain emergencies officials in responding to threats involving types of assistance that may be provided nuclear weapons or related materials or under this section. Such regulations shall ‘‘The Attorney General may request the technologies, including assistance in identi- also describe the actions that Department of Secretary of Defense to provide assistance fying, neutralizing, dismantling, and dispos- Defense personnel may take in cir- under section 382 of title 10 in support of De- ing of nuclear weapons and related materials cumstances incident to the provision of as- partment of Justice activities relating to the and technologies; and sistance under this section. enforcement of section 175 of this title in an (2) the coordination of Department of En- ‘‘(2)(A) Except as provided in subparagraph emergency situation involving a biological ergy assistance to the Department of De- (B), the regulations may not authorize the weapon of mass destruction. The authority fense in carrying out that department’s re- following actions: to make such a request may be exercised by sponsibilities under subsection (a). ‘‘(i) Arrest. another official of the Department of Justice (c) FUNDING.—(1)(A) Of the total amount ‘‘(ii) Any direct participation in conduct- in accordance with section 382(f)(2) of title authorized to be appropriated under section ing a search for or seizure of evidence related 10.’’. 301, $15,000,000 is available for providing as- to a violation of section 175 or 2332c of title (B) The table of sections at the beginning sistance described in subsection (a). 18. of such chapter is amended by inserting after (B) The amount available under subpara- ‘‘(iii) Any direct participation in the col- the item relating to section 175 the follow- graph (A) for providing assistance described lection of intelligence for law enforcement ing: in subsection (a) is in addition to any other purposes. ‘‘175a. Requests for military assistance to en- amounts authorized to be appropriated under ‘‘(B) The regulations may authorize an ac- force prohibition in certain section 301 for that purpose. tion described in subparagraph (A) to be emergencies.’’. (2)(A) Of the total amount authorized to be taken under the following conditions: (2)(A) The chapter 133B of title 18, United appropriated under title XXXI, $15,000,000 is ‘‘(i) The action is considered necessary for States Code, that relates to terrorism is available for providing assistance described the immediate protection of human life, and amended by inserting after section 2332c the in subsection (b). civilian law enforcement officials are not ca- following: (B) The amount available under subpara- pable of taking the action. ‘‘§ 2332d. Requests for military assistance to graph (A) for providing assistance is in addi- ‘‘(ii) The action is otherwise authorized enforce prohibition in certain emergencies tion to any other amounts authorized to be under subsection (c) or under otherwise ap- ‘‘The Attorney General may request the appropriated under title XXXI for that pur- plicable law. Secretary of Defense to provide assistance pose. ‘‘(e) REIMBURSEMENTS.—The Secretary of under section 382 of title 10 in support of De- SEC. 1313. MILITARY ASSISTANCE TO CIVILIAN Defense shall require reimbursement as a partment of Justice activities relating to the LAW ENFORCEMENT OFFICIALS IN condition for providing assistance under this enforcement of section 2332c of this title dur- EMERGENCY SITUATIONS INVOLV- section to the extent required under section ing an emergency situation involving a ING BIOLOGICAL OR CHEMICAL 377 of this title. WEAPONS. ‘‘(f) DELEGATIONS OF AUTHORITY.—(1) Ex- chemical weapon of mass destruction. The (a) ASSISTANCE AUTHORIZED.—(1) The chap- cept to the extent otherwise provided by the authority to make such a request may be ex- ter 18 of title 10, United States Code, is Secretary of Defense, the Deputy Secretary ercised by another official of the Department amended by adding at the end the following: of Defense may exercise the authority of the of Justice in accordance with section 382(f)(2) ‘‘§ 382. Emergency situations involving chemi- Secretary of Defense under this section. The of title 10.’’. cal or biological weapons of mass destruc- Secretary of Defense may delegate the Sec- (B) The table of sections at the beginning tion retary’s authority under this section only to of such chapter is amended by inserting after the item relating to section 2332c the follow- ‘‘(a) IN GENERAL.—The Secretary of De- an Under Secretary of Defense or an Assist- fense, upon the request of the Attorney Gen- ant Secretary of Defense and only if the ing: eral, may provide assistance in support of Under Secretary or Assistant Secretary to ‘‘2332d. Requests for military assistance to Department of Justice activities relating to whom delegated has been designated by the enforce prohibition in certain the enforcement of section 175 or 2332c of Secretary to act for, and to exercise the gen- emergencies.’’. title 18 during an emergency situation in- eral powers of, the Secretary. (d) CIVILIAN EXPERTISE.—The President volving a biological or chemical weapon of ‘‘(2) Except to the extent otherwise pro- shall take reasonable measures to reduce the mass destruction. Department of Defense re- vided by the Attorney General, the Deputy reliance of civilian law enforcement officials sources, including personnel of the Depart- Attorney General may exercise the author- on Department of Defense resources to ment of Defense, may be used to provide ity of the Attorney General under this sec- counter the threat posed by the use or poten- such assistance if— tion. The Attorney General may delegate tial use of biological and chemical weapons June 25, 1996 CONGRESSIONAL RECORD — SENATE S6877 of mass destruction within the United the program developed under subsection (a) under subsection (a) or (b), the Secretary of States. The measures shall include— beginning on or after October 1, 1999, and re- Defense or the Secretary of Energy, respec- (1) actions to increase civilian law enforce- lieve the Secretary of Defense of that respon- tively, shall consult with each other and the ment expertise to counter such a threat; and sibility upon the assumption of the respon- following officials: (2) actions to improve coordination be- sibility by the designated official. (1) The Director of Central Intelligence. tween civilian law enforcement officials and (2) The President may designate the head (2) The Director of the Federal Bureau of other civilian sources of expertise, within of an agency outside the Department of En- Investigation. and outside the Federal Government, to ergy to assume the responsibility for carry- (3) The Commissioner of Customs. counter such a threat. ing out the program developed under sub- (d) FUNDING.—(1)(A) There is authorized to (e) REPORTS.—The President shall submit section (b) beginning on or after October 1, be appropriated for fiscal year 1997 $10,000,000 to Congress the following reports: 1999, and relieve the Secretary of Energy of for research and development coordinated by (1) Not later than 90 days after the date of that responsibility upon the assumption of the Secretary of Defense under subsection the enactment of this Act, a report describ- the responsibility by the designated official. (a). ing the respective policy functions and oper- (e) FUNDING.—(1) Of the total amount au- (B) The amount authorized to be appro- ational roles of Federal agencies in counter- thorized to be appropriated under section priated for research and development under ing the threat posed by the use or potential 301, $15,000,000 is available for the develop- subparagraph (A) is in addition any other use of biological and chemical weapons of ment and execution of the programs required amounts that are authorized to be appro- mass destruction within the United States. by this section, including the participation priated under this Act for such research and (2) Not later than one year after such date, of State and local agencies in exercises car- development, including funds authorized to a report describing— ried out under the programs. be appropriated for research and develop- (A) the actions planned to be taken to (2) The amount available under paragraph ment relating to nonproliferation of weapons carry out subsection (d); and (1) for the development and execution of pro- of mass destruction. (B) the costs of such actions. grams referred to in that paragraph is in ad- (2)(A) Of the total amount authorized to be (3) Not later than three years after such dition to any other amounts authorized to be appropriated under title XXXI, $19,000,000 is date, a report updating the information pro- appropriated under section 301 for such pur- available for research and development co- vided in the reports submitted pursuant to poses. ordinated by the Secretary of Energy under paragraphs (1) and (2), including the meas- Subtitle B—Interdiction of Weapons of Mass subsection (b). ures taken pursuant to subsection (d). Destruction and Related Materials (B) The amount available under subpara- SEC. 1314. TESTING OF PREPAREDNESS FOR SEC. 1321. UNITED STATES BORDER SECURITY. graph (B) is in addition to any other amount EMERGENCIES INVOLVING NU- (a) PROCUREMENT OF DETECTION EQUIP- authorized to be appropriated under title CLEAR, RADIOLOGICAL, CHEMICAL, MENT.—(1) Of the amount authorized to be XXXI for such research and development. AND BIOLOGICAL WEAPONS. appropriated by section 301, $15,000,000 is SEC. 1323. INTERNATIONAL EMERGENCY ECO- (a) EMERGENCIES INVOLVING CHEMICAL OR available for the procurement of— NOMIC POWERS ACT. BIOLOGICAL WEAPONS.—(1) The Secretary of (A) equipment capable of detecting the Section 203 of the International Emergency Defense shall develop and carry out a pro- movement of weapons of mass destruction Economic Powers Act (50 U.S.C. 1702) is gram for testing and improving the re- and related materials into the United States; amended— sponses of Federal, State, and local agencies (B) equipment capable of interdicting the (1) in subsection (a)(1)(B), by striking out to emergencies involving biological weapons movement of weapons of mass destruction ‘‘importation or exportation of,’’ and insert- and related materials and emergencies in- and related materials into the United States; ing in lieu thereof ‘‘importation, expor- volving chemical weapons and related mate- and tation, or attempted importation or expor- rials. (C) materials and technologies related to tation of,’’; and (2) The program shall include exercises to use of equipment described in subparagraph (2) in subsection (b)(3), by striking out be carried out during each of five successive (A) or (B). ‘‘importation from any country, or the ex- fiscal years beginning with fiscal year 1997. (2) The amount available under paragraph portation’’ and inserting in lieu thereof ‘‘im- (3) In developing and carrying out the pro- (1) for the procurement of items referred to portation or attempted importation from gram, the Secretary shall coordinate with in that paragraph is in addition to any other any country, or the exportation or at- the Director of the Federal Bureau of Inves- amounts authorized to be appropriated under tempted exportation’’. tigation, the Director of the Federal Emer- section 301 for such purpose. SEC. 1324. CRIMINAL PENALTIES. gency Management Agency, the Secretary of (b) AVAILABILITY OF EQUIPMENT TO COMMIS- It is the sense of Congress that— Energy, and the heads of any other Federal, SIONER OF CUSTOMS.—To the extent author- (1) the sentencing guidelines prescribed by State, and local government agencies that ized under chapter 18 of title 10, United the United States Sentencing Commission have an expertise or responsibilities relevant States Code, the Secretary of Defense may for the offenses of importation, attempted to emergencies described in paragraph (1). make equipment of the Department of De- importation, exportation, and attempted ex- (b) EMERGENCIES INVOLVING NUCLEAR AND fense described in subsection (a), and related portation of nuclear, biological, and chemi- RADIOLOGICAL WEAPONS.—(1) The Secretary materials and technologies, available to the of Energy shall develop and carry out a pro- cal weapons materials constitute inadequate Commissioner of Customs for use in detect- punishment for such offenses; and gram for testing and improving the re- ing and interdicting the movement of weap- sponses of Federal, State, and local agencies (2) Congress urges the United States Sen- ons of mass destruction into the United tencing Commission to revise the relevant to emergencies involving nuclear and radio- States. logical weapons and related materials. sentencing guidelines to provide for in- SEC. 1322. NONPROLIFERATION AND COUNTER- creased penalties for offenses relating to im- (2) The program shall include exercises to PROLIFERATION RESEARCH AND DEVELOP- be carried out during each of five successive MENT. portation, attempted importation, expor- tation, and attempted exportation of nu- fiscal years beginning with fiscal year 1997. (a) BIOLOGICAL AND CHEMICAL WEAPONS.— (3) In developing and carrying out the pro- The Secretary of Defense shall be the lead of- clear, biological, or chemical weapons or re- gram, the Secretary shall coordinate with ficial of the Federal Government for coordi- lated materials or technologies under— the Director of the Federal Bureau of Inves- nating the research and development activi- (A) section 11 of the Export Administration tigation, the Director of the Federal Emer- ties of the Federal Government on technical Act of 1979 (50 U.S.C. App. 2410); gency Management Agency, the Secretary of means for detecting the presence of, the ille- (B) sections 38 and 40 the Arms Export Con- Defense, and the heads of any other Federal, gal transportation of, the illegal production trol Act (22 U.S.C. 2778 and 2780); State, and local government agencies that of, and the illegal use of materials and tech- (C) the International Emergency Economic have an expertise or responsibilities relevant nologies that may be used to make a biologi- Powers Act (50 U.S.C. 1701 et seq.); and to emergencies described in paragraph (1). cal or chemical weapon and materials (in- (D) section 309(c) of the Nuclear Non-Pro- (c) ANNUAL REVISIONS OF PROGRAMS.—The cluding precursors) and technologies that are liferation Act of 1978 (22 U.S.C. 2156a(c). official responsible for carrying out a pro- suitable for use in making such a weapon. SEC. 1325. INTERNATIONAL BORDER SECURITY. gram developed under subsection (a) or (b) (b) NUCLEAR AND RADIOLOGICAL WEAPONS.— (a) SECRETARY OF DEFENSE RESPONSIBIL- shall revise the program not later than June The Secretary of Energy shall be the lead of- ITY.—The Secretary of Defense, in consulta- 1 in each fiscal year covered by the program. ficial of the Federal Government for coordi- tion and cooperation with the Commissioner The revisions shall include adjustments that nating the research and development activi- of Customs, shall carry out programs for as- the official determines necessary or appro- ties of the Federal Government on technical sisting customs officials and border guard of- priate on the basis of the lessons learned means for detecting the presence of, the ille- ficials in the independent states of the from the exercise or exercises carried out gal transportation of, the illegal production former Soviet Union, the Baltic states, and under the program in the fiscal year, includ- of, and the illegal use of materials and tech- other countries of Eastern Europe in pre- ing lessons learned regarding coordination nologies that may be used to make a nuclear venting unauthorized transfer and transpor- problems and equipment deficiencies. or radiological weapon and materials and tation of nuclear, biological, and chemical (d) OPTION TO TRANSFER RESPONSIBILITY.— technologies that are suitable for use in weapons and related materials. Training, ex- (1) The President may designate the head of making a nuclear or radiological weapon. pert advice, maintenance of equipment, loan an agency outside the Department of Defense (c) CONSULTATION REQUIREMENT.—In carry- of equipment, and audits may be provided to assume the responsibility for carrying out ing out research and development activities under or in connection with the programs. S6878 CONGRESSIONAL RECORD — SENATE June 25, 1996

(b) FUNDING.—(1) Of the total amount au- ment plants, chemical separation plants, and (c) FUNDING FOR DEPARTMENT OF DEFENSE thorized to be appropriated by section 301, fabrication facilities associated with naval PROGRAM.—(1)(A) Of the total amount au- $15,000,000 is available for carrying out the and civil research reactors. thorized to be appropriated under section programs referred to in subsection (a). (b) WEAPONS-USABLE FISSILE MATERIALS 301, $15,000,000 is available for the program (2) The amount available under paragraph TO BE COVERED BY COOPERATIVE THREAT RE- under subsection (b). (1) for programs referred to in that para- DUCTION PROGRAMS ON ELIMINATION OR (B) The amount available under subpara- graph is in addition to any other amounts TRANSPORTATION OF NUCLEAR WEAPONS.— graph (A) for the industrial partnership pro- authorized to be appropriated under section Section 1201(b)(1) of the National Defense gram of the Department of Defense estab- 301 for such programs. Authorization Act for Fiscal Year 1996 (Pub- lished pursuant to subsection (b) is in addi- tion to the amount authorized to be appro- Subtitle C—Control and Disposition of Weap- lic Law 104–106; 110 Stat. 469; 22 U.S.C. 5955 priated for Cooperative Threat Reduction ons of Mass Destruction and Related Mate- note) is amended by inserting ‘‘, fissile mate- programs under section 301. rials Threatening the United States rial suitable for use in nuclear weapons,’’ after ‘‘other weapons’’. (2) It is the sense of Congress that the Sec- SEC. 1331. PROTECTION AND CONTROL OF MATE- SEC. 1333. ELIMINATION OF PLUTONIUM PRO- retary of Defense should transfer to the De- RIALS CONSTITUTING A THREAT TO fense Enterprise Fund, $20,000,000 out of the THE UNITED STATES. DUCTION. (a) REPLACEMENT PROGRAM.—The Sec- funds appropriated for Cooperative Threat (a) DEPARTMENT OF ENERGY PROGRAM.— retary of Defense, in consultation with the Reduction programs for fiscal years before Subject to subsection (c)(1), the Secretary of fiscal year 1997 that remain available for ob- Energy may, under materials protection, Secretary of Energy, shall develop a coopera- tive program with the Government of Russia ligation. control, and accounting assistance of the De- SEC. 1335. LAB-TO-LAB PROGRAM TO IMPROVE partment of Energy, provide assistance for to eliminate the production of weapons grade plutonium by modifying or replacing the re- THE SAFETY AND SECURITY OF NU- securing from theft or other unauthorized CLEAR MATERIALS. actor cores at Tomsk–7 and Krasnoyarsk–26 disposition nuclear materials that are not so (a) PROGRAM EXPANSION AUTHORIZED.—The with reactor cores that are less suitable for secured and are located at any site within Secretary of Energy is authorized to expand the production of weapons-grade plutonium. the former Soviet Union where effective con- the Lab-to-Lab program of the Department (b) PROGRAM REQUIREMENTS.—(1) The pro- trols for securing such materials are not in of Energy to improve the safety and security gram shall be designed to achieve comple- place. of nuclear materials in the independent tion of the modifications or replacements of (b) DEPARTMENT OF DEFENSE PROGRAM.— states of the former Soviet Union where the the reactor cores within three years after Subject to subsection (c)(2), the Secretary of Lab-to-Lab program is not being carried out the modification or replacement activities Defense may provide materials protection, on the date of the enactment of this Act. under the program are begun. control, and accounting assistance under the (b) FUNDING.—(1) Of the total amount au- (2) The plan for the program shall— Cooperative Threat Reduction Programs of thorized to be appropriated under title (A) specify— the Department of Defense for securing from XXXI, $20,000,000 is available for expanding (i) successive steps for the modification or theft or other unauthorized disposition, or the Lab-to-Lab program as authorized under replacement of the reactor cores; and for destroying, nuclear, radiological, biologi- subsection (a). (ii) clearly defined milestones to be cal, or chemical weapons (or related mate- (2) The amount available under paragraph achieved; and rials) that are not so secure and are located (1) is in addition to any other amount other- (B) include estimates of the costs of the at any site within the former Soviet Union wise available for the Lab-to-Lab program. program. where effective controls for securing such SEC. 1336. COOPERATIVE ACTIVITIES ON SECU- (c) SUBMISSION OF PROGRAM PLAN TO CON- weapons are not in place. RITY OF HIGHLY ENRICHED URA- GRESS.—Not later than 180 days after the NIUM USED FOR PROPULSION OF (c) FUNDING.—(1)(A) Of the total amount date of the enactment of this Act, the Sec- RUSSIAN SHIPS. authorized to be appropriated under title retary of Defense shall submit to Congress— (a) RESPONSIBLE UNITED STATES OFFI- XXXI, $15,000,000 is available for materials (1) a plan for the program under subsection CIAL.—The Secretary of Energy shall be re- protection, control, and accounting assist- (a); sponsible for carrying out United States co- ance of the Department of Energy for provid- (2) an estimate of the United States fund- operative activities with the Government of ing assistance under subsection (a). ing that is necessary for carrying out the ac- the Russian Federation on improving the se- (B) The amount available under subpara- tivities under the program for each fiscal curity of highly enriched uranium that is graph (A) is in addition to any other funds year covered by the program; and used for propulsion of Russian military and that are authorized to be appropriated under (3) a comparison of the benefits of the pro- civilian ships. title XXXI for materials protection, control, gram with the benefits of other nonprolifera- (b) PLAN REQUIRED.—(1) The Secretary and accounting assistance of the Department tion programs. shall develop and periodically update a plan of Energy. (d) FUNDING FOR INITIAL PHASE.—(1) Of the for the cooperative activities referred to in (2)(A) Of the total amount authorized to be total amount authorized to be appropriated subsection (a). appropriated under section 301, $10,000,000 is by section 301 other than for Cooperative (2) The Secretary shall coordinate the de- available for the Cooperative Threat Reduc- Threat Reduction programs, $16,000,000 is velopment and updating of the plan with the tion Programs of the Department of Defense available for the initial phase of the program Secretary of Defense. The Secretary of De- for providing materials protection, control, under subsection (a). fense shall involve the Joint Chiefs of Staff and accounting assistance under subsection (2) The amount available for the initial in the coordination. (b). phase of the reactor modification or replace- (c) FUNDING.—(1) Of the total amount au- (B) The amount available under subpara- ment program under paragraph (1) is in addi- thorized to be appropriated by title XXXI, graph (A) is in addition to any other funds tion to amounts authorized to be appro- $6,000,000 is available for materials protec- that are authorized to be appropriated by priated for Cooperative Threat Reduction tion, control, and accounting program of the section 301 for materials protection, control, programs under section 301(20). Department of Energy for the cooperative and accounting assistance of the Department SEC. 1334. INDUSTRIAL PARTNERSHIP PRO- activities referred to in subsection (a). of Defense. GRAMS TO DEMILITARIZE WEAPONS (2) The amount available for the Depart- SEC. 1332. VERIFICATION OF DISMANTLEMENT OF MASS DESTRUCTION PRODUC- ment of Energy for materials protection, AND CONVERSION OF WEAPONS AND TION FACILITIES. control, and accounting program under para- MATERIALS. (a) DEPARTMENT OF ENERGY PROGRAM.— graph (1) is in addition to other amounts au- (a) FUNDING FOR COOPERATIVE ACTIVITIES The Secretary of Energy shall expand the In- thorized to be appropriated by title XXXI for FOR DEVELOPMENT OF TECHNOLOGIES.—Of the dustrial Partnership Program of the Depart- such program. total amount authorized to be appropriated ment of Energy to include coverage of all of SEC. 1337. MILITARY-TO-MILITARY RELATIONS. under title XXXI, $10,000,000 is available for the independent states of the former Soviet (a) FUNDING.—Of the total amount author- continuing and expediting cooperative ac- Union. ized to be appropriated under section 301, tivities with the Government of Russia to (b) DEPARTMENT OF DEFENSE PROGRAM.— $2,000,000 is available for expanding military- develop and deploy— The Secretary of Defense shall establish a to-military programs of the United States (1) technologies for improving verification program to support the dismantlement or that focus on countering the threats of pro- of nuclear warhead dismantlement; conversion of the biological and chemical liferation of weapons of mass destruction so (2) technologies for converting plutonium weapons facilities in the independent states as to include the security forces of independ- from weapons into forms that— of the former Soviet Union to uses for non- ent states of the former Soviet Union, par- (A) are better suited for long-term storage defense purposes. The Secretary may carry ticularly states in the Caucasus region and than are the forms from which converted; out such program in conjunction with, or Central Asia. (B) facilitate verification; and separately from, the organization designated (b) RELATIONSHIP TO OTHER FUNDING AU- (C) are suitable for nonweapons use; and as the Defense Enterprise Fund (formerly THORITY.—The amount available for expand- (3) technologies that promote openness in designated as the ‘‘Demilitarization Enter- ing military-to-military programs under Russian production, storage, use, and final prise Fund’’ under section 1204 of the Na- subsection (a) is in addition to the amount and interim disposition of weapon-usable tional Defense Authorization Act for Fiscal authorized to be appropriated for Coopera- fissible material, including at tritium/iso- Year 1994 (Public Law 103–160; 22 U.S.C. tive Threat Reduction programs under sec- tope production reactors, uranium enrich- 5953)). tion 301. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6879 SEC. 1338. TRANSFER AUTHORITY. SEC. 1342. NATIONAL SECURITY COUNCIL COM- a weapon of mass destruction, including the (a) SECRETARY OF DEFENSE.—(1) To the ex- MITTEE ON NONPROLIFERATION. consequences of the use of such a weapon. tent provided in appropriations Acts, the (a) ESTABLISHMENT.—The Committee on (3) Plans for providing for regular sharing Secretary of Defense may transfer amounts Nonproliferation (in this section referred to of information among intelligence, law en- appropriated pursuant to this subtitle for as the ‘‘Committee’’) is established as a com- forcement, and customs agencies. the Department of Defense for programs and mittee of the National Security Council. (4) Plans for training and equipping law en- authorities under this subtitle to appropria- (b) MEMBERSHIP.—(1) The Committee shall forcement units, customs services, and bor- be composed of the following: tions available for programs authorized der security personnel to counter the smug- (A) The Secretary of State. under subtitle A. gling of weapons of mass destruction and re- (B) The Secretary of Defense. (2) Amounts so transferred shall be merged lated materials and technologies. (C) The Director of Central Intelligence. with the appropriations to which transferred (5) Plans for establishing appropriate cen- (D) The Attorney General. and shall be available for the programs for ters for analyzing seized nuclear, radiologi- (E) The Secretary of Energy. which the amounts are transferred. cal, biological, and chemical weapons, and (F) The Administrator of the Federal (3) The transfer authority under paragraph related materials and technologies. Emergency Management Agency. (6) Plans for establishing in the United (1) is in addition to any other transfer au- (G) The Secretary of the Treasury. thority provided by this Act. States appropriate legal controls and au- (H) The Secretary of Commerce. thorities relating to the exporting of nu- (b) SECRETARY OF ENERGY.—(1) To the ex- (I) Such other members as the President clear, radiological, biological, and chemical tent provided in appropriations Acts, the may designate. weapons, and related materials and tech- Secretary of Energy may transfer amounts (2) The National Coordinator for Non- nologies. appropriated pursuant to this subtitle for proliferation Matters shall chair the Com- (7) Plans for encouraging and assisting the Department of Energy for programs and mittee on Nonproliferation. governments of foreign countries to imple- authorities under this subtitle to appropria- (c) RESPONSIBILITIES.—The Committee has ment and enforce laws that set forth appro- tions available for programs authorized the following responsibilities: priate penalties for offenses regarding the under subtitle A. (1) To review and coordinate Federal pro- smuggling of weapons of mass destruction (2) Amounts so transferred shall be merged grams, policies, and directives relating to and related materials and technologies. with the appropriations to which transferred the proliferation of weapons of mass destruc- (8) Plans for building the confidence of the and shall be available for the programs for tion and related materials and technologies, United States and Russia in each other’s which the amounts are transferred. including matters relating to terrorism and controls over United States and Russian nu- (3) The transfer authority under paragraph international organized crime. clear weapons and fissile materials, includ- (1) is in addition to any other transfer au- (2) To make recommendations to the Presi- ing plans for verifying the dismantlement of thority provided by this Act. dent regarding the following: nuclear weapons. Subtitle D—Coordination of Policy and Coun- (A) Integrated national policies for coun- (9) Plans for reducing United States and termeasures Against Proliferation of Weap- tering the threats posed by weapons of mass Russian stockpiles of excess plutonium, re- ons of Mass Destruction destruction. flecting— (B) Options for integrating Federal agency (A) consideration of the desirability and SEC. 1341. NATIONAL COORDINATOR ON NON- budgets for countering such threats. PROLIFERATION. feasibility of a United States-Russian agree- (C) Means to ensure that the Federal, ment governing fissile material disposition (a) DESIGNATION OF POSITION.—The Presi- State, and local governments have adequate and the specific technologies and approaches dent shall designate an individual to serve in capabilities to manage crises involving nu- to be used for disposition of excess pluto- the Executive Office of the President as the clear, radiological, biological, or chemical nium; and National Coordinator for Nonproliferation weapons or related materials or tech- (B) an assessment of the options for United Matters. nologies, and to manage the consequences of States cooperation with Russia in the dis- (b) DUTIES.—The Coordinator shall have a use of such a weapon or related materials position of Russian plutonium. the following responsibilities: or technologies, and that use of those capa- (10) Plans for studying the merits and costs (1) To be the principal adviser to the Presi- bilities is coordinated. of establishing a global network of means for dent on nonproliferation of weapons of mass (D) Means to ensure appropriate coopera- detecting and responding to terroristic or destruction, including issues related to ter- tion on, and coordination of, the following: other criminal use of biological agents rorism, arms control, and international or- (i) Preventing the smuggling of weapons of against people or other forms of life in the ganized crime. mass destruction and related materials and United States or any foreign country. (2) To chair the Committee on Non- technologies. (c) REPORT.—(1) At the same time that the proliferation established under section 1342. (ii) Promoting domestic and international President submits the budget for fiscal year (3) To take such actions as are necessary law enforcement efforts against prolifera- 1998 to Congress pursuant to section 1105(a) to ensure that there is appropriate emphasis tion-related efforts. of title 31, United States Code, the President in, cooperation on, and coordination of, non- (iii) Countering the involvement of orga- shall submit to Congress a report that sets proliferation research efforts of the United nized crime groups in proliferation-related forth the comprehensive program developed States, including activities of Federal agen- activities. under subsection (a). cies as well as activities of contractors fund- (iv) Safeguarding weapons of mass destruc- (2) The report shall include the following: ed by the Federal Government. tion materials and related technologies. (A) The specific plans for the program that (c) RELATIONSHIP TO CERTAIN SENIOR DIREC- (v) Improving coordination and coopera- are required under subsection (b). TORS OF NATIONAL SECURITY COUNCIL.—(1) tion among intelligence activities, law en- (B) Estimates of the funds necessary for The senior directors of the National Security forcement, and the Departments of Defense, carrying out such plans in fiscal year 1998. Council report to the Coordinator regarding State, Commerce, and Energy in support of (3) The report shall be in an unclassified the following matters: nonproliferation and counterproliferation ef- form. If there is a classified version of the re- port, the President shall submit the classi- (A) Nonproliferation of weapons of mass forts. fied version at the same time. destruction and related issues. (vi) Ensuring the continuation of effective (B) Management of crises involving use or export controls over materials and tech- SEC. 1344. TERMINATION. threatened use of weapons of mass destruc- nologies that can contribute to the acquisi- After September 30, 1999, the President— tion, and on management of the con- tion of weapons of mass destruction. (1) is not required to maintain a National sequences of the use or threatened use of (vii) Reducing proliferation of weapons of Coordinator for Nonproliferation Matters such a weapon. mass destruction and related materials and under section 1341; and (C) Terrorism, arms control, and organized technologies. (2) may terminate the Committee on Non- proliferation established under section 1342. crime issues that relate to the threat of pro- SEC. 1343. COMPREHENSIVE PREPAREDNESS liferation of weapons of mass destruction. PROGRAM. Subtitle E—Miscellaneous (2) Nothing in paragraph (1) shall be con- (a) PROGRAM REQUIRED.—The President, SEC. 1351. CONTRACTING POLICY. strued to affect the reporting relationship acting through the Committee on Non- It is the sense of Congress that the Sec- between a senior director and the Assistant proliferation established under section 1342, retary of Defense, the Secretary of Energy, to the President for National Security Af- shall develop a comprehensive program for the Secretary of the Treasury, and the Sec- fairs or any other supervisor regarding mat- carrying out this title. retary of State— ters other than matters described in para- (b) CONTENT OF PROGRAM.—The program (1) in the administration of funds available graph (1). set forth in the report shall include specific to such officials in accordance with this (d) ALLOCATION OF FUNDS.—Of the total plans as follows: title, should (to the extent possible under amount authorized to be appropriated under (1) Plans for countering proliferation of law) contract directly with suppliers in inde- section 201, ø$2,000,000¿ is available for carry- weapons of mass destruction and related ma- pendent states of the former Soviet Union to ing out research referred to in subsection terials and technologies. facilitate the purchase of goods and services (b)(3). Such amount is in addition to any (2) Plans for training and equipping Fed- necessary to carry out effectively the pro- other amounts authorized to be appropriated eral, State, and local officials for managing grams and authorities provided or referred to under section 201 for such purpose. a crisis involving a use or threatened use of in subtitle C; and S6880 CONGRESSIONAL RECORD — SENATE June 25, 1996 (2) to do so should seek means, consistent (2) if it is necessary to do so in order to se- Dispute Settlement Review Commission to with law, to utilize innovative contracting cure the materials, the materials should be achieve the objectives described in sub- approaches to avoid delay and increase the imported into the United States, subject to section (a)(6). effectiveness of such programs and of the ex- the laws and regulations that are applicable SEC. 1303. ESTABLISHMENT OF COMMISSION. ercise of such authorities. to the importation of such materials into the (a) ESTABLISHMENT.—There is established a SEC. 1352. TRANSFERS OF ALLOCATIONS AMONG United States. commission to be known as the WTO Dispute COOPERATIVE THREAT REDUCTION SEC. 1356. REDUCTION IN AUTHORIZATIONS OF Settlement Review Commission (hereafter in PROGRAMS. APPROPRIATIONS. this title referred to as the ‘‘Commission’’). (a) FINDINGS.—Congress makes the follow- (a) NAVY RDT&E.—(1) The total amount (b) MEMBERSHIP.— ing findings: authorized to be appropriated under section (1) COMPOSITION.—The Commission shall be (1) The various Cooperative Threat Reduc- 201(2) is reduced by $150,000,000. composed of 5 members all of whom shall be tion programs are being carried out at dif- (2) The reduction in paragraph (1) shall be judges of the Federal judicial circuits and ferent rates in the various countries covered applied to reduce by $150,000,000 the amount shall be appointed by the President, after by such programs. authorized to be appropriated under section consultation with the Majority Leader and (2) It is necessary to authorize transfers of 201(2) for the Distributed Surveillance Sys- Minority Leader of the House of Representa- funding allocations among the various pro- tem. tives, the Majority Leader and Minority grams in order to maximize the effectiveness (b) DEPARTMENT OF ENERGY.—(1) Notwith- Leader of the Senate, the chairman and of United States efforts under such pro- standing any of the provisions of title XXXI, ranking member of the Committee on Ways grams. the total amount authorized to be appro- and Means of the House of Representatives, (b) TRANSFERS AUTHORIZED.—Funds appro- priated for the Department of Energy for fis- and the chairman and ranking member of priated for the purposes set forth in sub- cal year 1997 under that title is reduced by the Committee on Finance of the Senate. section (a) of section 1202 of the National De- $85,000,000. (2) DATE.—The appointments of the initial fense Authorization Act for Fiscal Year 1996 (2) The reduction under paragraph (1) is members of the Commission shall be made (Public Law 104–106; 110 Stat. 409) may be not directed at any particular authorization no later than 90 days after the date of the en- used for any such purpose without regard to of appropriations under title XXXI for any actment of this Act. the allocation set forth in that section and particular program, project, or activity. (c) PERIOD OF APPOINTMENT; VACANCIES.— without regard to subsection (b) of such sec- (1) IN GENERAL.—Members of the Commis- tion. sion shall each be appointed for a term of 5 GRASSLEY AMENDMENT NO. 4182 SEC. 1353. ADDITIONAL CERTIFICATIONS. years, except of the members first appointed, (a) SENSE OF CONGRESS.—It is the sense of (Ordered to lie on the table.) 3 members shall be appointed for terms of 3 Congress that— Mr. GRASSLEY submitted an years and the remaining 2 members shall be (1) the Cooperative Threat Reduction pro- amendment intended to be proposed by appointed for terms of 2 years. grams and other United States programs him to the bill, S. 1745, supra; as fol- (2) VACANCIES.— that are derived from programs established (A) IN GENERAL.—Any vacancy on the Com- under the Former Soviet Union Demili- lows: mission shall not affect its powers, but shall tarization Act of 1992 (title XIV of Public At the end of division A, insert the follow- be filled in the same manner as the original Law 102–484; 22 U.S.C. 2901 et seq.) should be ing new title: appointment and shall be subject to the expanded by offering assistance under those TITLE XIII—WTO REVIEW COMMISSION same conditions as the original appointment. programs to other independent states of the SEC. 1301. SHORT TITLE. (B) UNEXPIRED TERM.—An individual cho- former Soviet Union in addition to Russia, This title may be cited as the ‘‘WTO Dis- sen to fill a vacancy shall be appointed for Ukraine, Kazakstan, and Belarus; and pute Settlement Review Commission Act’’. the unexpired term of the member replaced. (2) the President should offer assistance to (d) INITIAL MEETING.—No later than 30 days additional independent states of the former SEC. 1302. CONGRESSIONAL FINDINGS AND PUR- after the date on which all members of the POSE. Soviet Union in each case in which the par- Commission have been appointed, the Com- (a) FINDINGS.—The Congress finds the fol- ticipation of such states would benefit na- mission shall hold its first meeting. lowing: tional security interests of the United States (e) MEETINGS.—The Commission shall meet (1) The United States joined the WTO as an by improving border controls and safeguards at the call of the Chairperson. original member with the goal of creating an over materials and technology associated (f) QUORUM.—A majority of the members of improved global trading system and provid- with weapons of mass destruction. the Commission shall constitute a quorum, ing expanded economic opportunities for (b) EXTENSION OF COVERAGE.—Assistance but a lesser number of members may hold under programs referred to in subsection (a) United States firms and workers, while pre- hearings. may, notwithstanding any other provision of serving United States sovereignty. (g) AFFIRMATIVE DETERMINATIONS.—An af- law, be extended to include an independent (2) The American people must receive as- firmative vote by a majority of the members state of the former Soviet Union if the Presi- surances that United States sovereignty will of the Commission shall be required for any dent certifies to Congress that it is in the be protected, and United States interests affirmative determination by the Commis- national interests of the United States to ex- will be advanced, within the global trading sion under section 1304. (h) CHAIRPERSON AND VICE CHAIRPERSON.— tend the assistance to that state. system which the WTO will oversee. (3) The WTO’s dispute settlement rules are The Commission shall select a Chairperson SEC. 1354. PURCHASE OF LOW-ENRICHED URA- and Vice Chairperson from among its mem- NIUM DERIVED FROM RUSSIAN meant to enhance the likelihood that gov- HIGHLY ENRICHED URANIUM. ernments will observe their WTO obliga- bers. (a) SENSE OF CONGRESS.—It is the sense of tions, and thus help ensure that the United SEC. 1304. DUTIES OF THE COMMISSION. Congress that the allies of the United States States will reap the full benefits of its par- (a) REVIEW OF WTO DISPUTE SETTLEMENT and other nations should participate in ef- ticipation in the WTO. REPORTS.— forts to ensure that stockpiles of weapons- (4) United States support for the WTO de- (1) IN GENERAL.—The Commission shall re- grade nuclear material are reduced. pends on obtaining mutual trade benefits view— (b) ACTIONS BY THE SECRETARY OF STATE.— through the openness of foreign markets and (A) all adverse reports of dispute settle- Congress urges the Secretary of State to en- the maintenance of effective United States ment panels and the Appellate Body which courage, in consultation with the Secretary and WTO remedies against unfair or other- are— of Energy, other countries to purchase low- wise harmful trade practices. (i) adopted by the Dispute Settlement enriched uranium that is derived from highly (5) Congress passed the Uruguay Round Body, and enriched uranium extracted from Russian Agreements Act based on its understanding (ii) the result of a proceeding initiated nuclear weapons. that effective trade remedies would not be against the United States by a WTO member; SEC. 1355. PURCHASE, PACKAGING, AND TRANS- eroded. These remedies are essential to con- and PORTATION OF FISSILE MATERIALS tinue the process of opening foreign markets (B) upon the request of the Trade Rep- AT RISK OF THEFT. to imports of goods and services and to pre- resentative, any adverse report of a dispute It is the sense of Congress that— vent harm to American industry and agri- settlement panel or the Appellate Body— (1) the Secretary of Defense, the Secretary culture. (i) which is adopted by the Dispute Settle- of Energy, the Secretary of the Treasury, (6) In particular, WTO dispute settlement ment Body, and and the Secretary of State should purchase, panels and the Appellate Body should— (ii) in which the United States is a com- package, and transport to secure locations (A) operate with fairness and in an impar- plaining party. weapons-grade nuclear materials from a tial manner; (2) SCOPE OF REVIEW.—With respect to any stockpile of such materials if such officials (B) not add to the obligations, or diminish report the Commission reviews under para- determine that— the rights, of WTO members under the Uru- graph (1), the Commission shall determine in (A) there is a significant risk of theft of guay Round Agreements; and connection with each adverse finding wheth- such materials; and (C) observe the terms of reference and any er the panel or the Appellate Body, as the (B) there is no reasonable and economi- applicable WTO standard of review. case may be— cally feasible alternative for securing such (b) PURPOSE.—It is the purpose of this title (A) demonstrably exceeded its authority or materials; and to provide for the establishment of the WTO its terms of reference; June 25, 1996 CONGRESSIONAL RECORD — SENATE S6881 (B) added to the obligations, or diminished described in section 1304(a)(1), including any Agreements Act, of the WTO Agreement as the rights, of the United States under the information contained in such submissions defined in section 2(9) of that Act.’’. Uruguay Round Agreement which is the sub- identified by the provider of the information (c) PROCEDURAL PROVISIONS.— ject of the report; as proprietary information or information (1) IN GENERAL.—The requirements of this (C) acted arbitrarily or capriciously, en- designated as confidential by a foreign gov- subsection are met if the joint resolution is gaged in misconduct, or demonstrably de- ernment. enacted in accordance with this subsection, parted from the procedures specified for pan- (B) PUBLIC ACCESS.—Any document which and— els and the Appellate Body in the applicable the Trade Representative submits to the (A) in the case of a joint resolution de- Uruguay Round Agreement; and Commission shall be available to the public, scribed in subsection (b)(1), the Congress (D) deviated from the applicable standard except information which is identified as adopts and transmits the joint resolution to of review, including in antidumping cases, proprietary or confidential. the President before the end of the 90-day pe- the standard of review set forth in Article (c) ASSISTANCE FROM FEDERAL AGENCIES; riod (excluding any day described in section 17.6 of the Agreement on Implementation of CONFIDENTIALITY.— 154(b) of the Trade Act of 1974) beginning on Article VI of the General Agreement on Tar- (1) ADMINISTRATIVE ASSISTANCE.—Any the date on which the Congress receives an iffs and Trade 1994. agency or department of the United States affirmative report from the Commission pur- (3) AFFIRMATIVE DETERMINATION.—The that is designated by the President shall pro- suant to section 1304(b)(2); or Commission shall make an affirmative deter- vide administrative services, funds, facili- (B) in the case of a joint resolution de- mination under this paragraph with respect ties, staff, or other support services to the scribed in subsection (b)(2), the Commission to the action of a panel or the Appellate Commission to assist the Commission with has submitted 3 affirmative reports pursuant Body, if the Commission determines that— the performance of the Commission’s func- to section 1304(b)(2) during a 5-year period, (A) any of the matters described in sub- tions. and the Congress adopts and transmits the joint resolution to the President before the paragraph (A), (B), (C), or (D) of paragraph (2) CONFIDENTIALITY.—The Commission (2) has occurred; and shall protect from disclosure any document end of the 90-day period (excluding any day (B) the action of the panel or the Appellate or information submitted to it by a depart- described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Body materially affected the outcome of the ment or agency of the United States which Congress receives the third such affirmative report of the panel or Appellate Body. the agency or department requests be kept report. (b) DETERMINATION; REPORT.— confidential. The Commission shall not be (2) PRESIDENTIAL VETO.—In any case in (1) DETERMINATION.—No later than 120 days considered to be an agency for purposes of which the President vetoes the joint resolu- after the date on which a report of a panel or section 552 of title 5, United States Code. tion, the requirements of this subsection are the Appellate Body described in subsection SEC. 1306. REVIEW OF DISPUTE SETTLEMENT met if each House of Congress votes to over- (a)(1) is adopted by the Dispute Settlement PROCEDURES AND PARTICIPATION ride that veto on or before the later of the Body, the Commission shall make a written IN THE WTO. last day of the 90-day period referred to in determination with respect to the matters (a) AFFIRMATIVE REPORT BY COMMISSION.— subparagraph (A) or (B) of paragraph (1), described in paragraphs (2) and (3) of sub- (1) IN GENERAL.—If a joint resolution de- whichever is applicable, or the last day of section (a). scribed in subsection (b)(1) is enacted into the 15-day period (excluding any day de- (2) REPORTS.—The Commission shall law pursuant to the provisions of subsection scribed in section 154(b) of the Trade Act of promptly report the determinations de- (c), the President should undertake negotia- 1974) beginning on the date on which the scribed in paragraph (1) to the Committee on tions to amend or modify the rules and pro- Congress receives the veto message from the Ways and Means of the House of Representa- cedures of the Uruguay Round Agreement to President. tives, the Committee on Finance of the Sen- which such joint resolution relates. (3) INTRODUCTION.— ate, and the Trade Representative. (2) 3 AFFIRMATIVE REPORTS BY COMMIS- (A) TIME.—A joint resolution to which this SEC. 1305. POWERS OF THE COMMISSION. SION.—If a joint resolution described in sub- section applies may be introduced at any (a) HEARINGS.—The Commission may hold section (b)(2) is enacted into law pursuant to time on or after the date on which the Com- a public hearing to solicit views concerning the provisions of subsection (c), the approval mission transmits to the Congress an affirm- a report of a dispute settlement panel or the of the Congress, provided for under section ative report pursuant to section 1304(b)(2), Appellate Body described in section 101(a) of the Uruguay Round Agreements and before the end of the 90-day period re- 1304(a)(1), if the Commission considers such Act, of the WTO Agreement shall cease to be ferred to in subparagraph (A) or (B) of para- hearing to be necessary to carry out the pur- effective in accordance with the provisions graph (1), as the case may be. pose of this title. The Commission shall pro- of the joint resolution. (B) ANY MEMBER MAY INTRODUCE.—A joint vide reasonable notice of a hearing held pur- (b) JOINT RESOLUTIONS DESCRIBED.— resolution described in subsection (b) may be suant to this subsection. (1) IN GENERAL.—For purposes of subsection introduced in either House of the Congress (b) INFORMATION FROM INTERESTED PARTIES (a)(1), a joint resolution is described in this by any Member of such House. AND FEDERAL AGENCIES.— paragraph if it is a joint resolution of the 2 (4) EXPEDITED PROCEDURES.— (1) NOTICE OF PANEL OR APPELLATE BODY RE- Houses of Congress and the matter after the (A) GENERAL RULE.—Subject to the provi- PORT.—The Trade Representative shall ad- resolving clause of such joint resolution is as sions of this subsection, the provisions of vise the Commission no later than 5 business follows: ‘‘That the Congress calls upon the subsections (b), (d), (e), and (f) of section 152 days after the date the Dispute Settlement President to undertake negotiations to of the Trade Act of 1974 (19 U.S.C. 2192 (b), Body adopts a report of a panel or the Appel- amend or modify the matter relating to (d), (e), and (f)) apply to joint resolutions de- late Body that is to be reviewed by the Com- llllll that is the subject of the affirm- scribed in subsection (b) to the same extent mission under section 1304(a)(1). ative report submitted to the Congress by as such provisions apply to resolutions under (2) SUBMISSIONS AND REQUESTS FOR INFOR- the WTO Dispute Settlement Review Com- such section. MATION.— mission on ll’’, the first blank space being (B) REPORT OR DISCHARGE OF COMMITTEE.— (A) IN GENERAL.—The Commission shall filled with the specific provisions of the Uru- If the committee of either House to which a promptly publish in the Federal Register no- guay Round Agreement with respect to joint resolution has been referred has not re- tice of the advice received from the Trade which the President is to undertake negotia- ported it by the close of the 45th day after its Representative, along with notice of an op- tions and the second blank space being filled introduction (excluding any day described in portunity for interested parties to submit with the date that the affirmative report, section 154(b) of the Trade Act of 1974), such written comments to the Commission. The which was made under section 1304(b) and committee shall be automatically discharged Commission shall make comments submit- which has given rise to the joint resolution, from further consideration of the joint reso- ted pursuant to the preceding sentence avail- was submitted to the Congress by the Com- lution and it shall be placed on the appro- able to the public. mission pursuant to section 1304(b). priate calendar. (B) INFORMATION FROM FEDERAL AGENCIES (2) WITHDRAWAL RESOLUTION.—For purposes (C) FINANCE AND WAYS AND MEANS COMMIT- AND DEPARTMENTS.—The Commission may of subsection (a)(2), a joint resolution is de- TEES.—It is not in order for— also secure directly from any Federal depart- scribed in this paragraph if it is a joint reso- (i) the Senate to consider any joint resolu- ment or agency such information as the lution of the 2 Houses of Congress and the tion unless it has been reported by the Com- Commission considers necessary to carry out matter after the resolving clause of such mittee on Finance or the committee has the provisions of this title. Upon the request joint resolution is as follows: ‘‘That, in light been discharged under subparagraph (B); or of the Chairperson of the Commission, the of the 3 affirmative reports submitted to the (ii) the House of Representatives to con- head of such department or agency shall fur- Congress by the WTO Dispute Settlement sider any joint resolution unless it has been nish the information requested to the Com- Review Commission during the preceding 5- reported by the Committee on Ways and mission. year period, and the failure to remedy the Means or the committee has been discharged (3) ACCESS TO PANEL AND APPELLATE BODY problems identified in the reports through under subparagraph (B). DOCUMENTS.— negotiations, it is no longer in the overall (D) SPECIAL RULE FOR HOUSE.—A motion in (A) IN GENERAL.—The Trade Representative national interest of the United States to be the House of Representatives to proceed to shall make available to the Commission all a member of the WTO, and accordingly the the consideration of a joint resolution may submissions and relevant documents relating Congress withdraws its approval, provided only be made on the second legislative day to a report of a panel or the Appellate Body under section 101(a) of the Uruguay Round after the calendar day on which the Member S6882 CONGRESSIONAL RECORD — SENATE June 25, 1996

making the motion announces to the House (11) WTO AGREEMENT.—The term ‘‘WTO SEC. 1043. PROHIBITION ON COLLECTION AND his or her intention to do so. Agreement’’ means the Agreement Estab- RELEASE OF DETAILED SATELLITE (5) CONSIDERATION OF SECOND RESOLUTION lishing the World Trade Organization en- IMAGERY RELATING TO ISRAEL AND OTHER COUNTRIES AND AREAS. NOT IN ORDER.—It shall not be in order in ei- tered into on April 15, 1994. ther the House of Representatives or the (a) COLLECTION AND DISSEMINATION.—No de- partment or agency of the Federal Govern- Senate to consider a joint resolution (other REID AMENDMENT NO. 4183 than a joint resolution received from the ment may license the collection or dissemi- other House), if that House has previously (Ordered to lie on the table.) nation by any non-Federal entity of satellite adopted a joint resolution under this section Mr. REID submitted an amendment imagery with respect to Israel, or to any relating to the same matter. intended to be proposed by him to the other country or geographic area designated by the President for this purpose, unless (d) RULES OF HOUSE OF REPRESENTATIVES bill, S. 1745, supra; as follows: AND SENATE.—This section is enacted by the such imagery is no more detailed or precise Congress— At the end of subtitle C of title XXXI, add than satellite imagery of the country or geo- (1) as an exercise of the rulemaking power the following: graphic area concerned that is routinely of the House of Representatives and the Sen- SEC. 3138. PAYMENT OF COSTS OF OPERATION available from commercial sources. ate, respectively, and as such is deemed a AND MAINTENANCE OF INFRA- (b) DECLASSIFICATION AND RELEASE.— No part of the rules of each House, respectively, STRUCTURE AT NEVADA TEST SITE. department or agency of the Federal Govern- and such procedures supersede other rules Notwithstanding any other provision of ment may declassify or otherwise release only to the extent that they are inconsistent law and effective as of September 30, 1997, satellite imagery with respect to Israel, or to with such other rules; and the costs associated with operating and any other country or geographic area des- (2) with the full recognition of the con- maintaining the infrastructure at the Ne- ignated by the President for this purpose, stitutional right of either House to change vada Test Site, Nevada, with respect to any unless such imagery is no more detailed or the rules (so far as relating to the procedures activities carried out at the site by the De- precise than satellite imagery of the country of that House) at any time, in the same man- partment of Defense shall be paid for by the or geographic area concerned that is rou- ner, and to the same extent as any other rule Department of Energy from funds authorized tinely available from commercial sources. of that House. to be appropriated to the Department of En- SEC. 1307. DEFINITIONS. ergy for stockpile stewardship. KYL AMENDMENTS NOS. 4187–4188 For purposes of this title: (1) ADVERSE FINDING.—The term ‘‘adverse FEINSTEIN AMENDMENT NO. 4184 (Ordered to lie on the table.) finding’’ means— Mr. KYL submitted two amendments (A) in a panel or Appellate Body proceed- (Ordered to lie on the table.) intended to be proposed by him to the ing initiated against the United States, a Mrs. FEINSTEIN submitted an bill, S. 1745, supra; as follows: amendment intended to be proposed by finding by the panel or the Appellate Body AMENDMENT NO. 4187 that any law or regulation of, or application her to the bill, S. 1745, supra; as fol- At the end of subtitle B of title II, add the thereof by, the United States is inconsistent lows: following: with the obligations of the United States At the end of subtitle B of title II, add the under a Uruguay Round Agreement (or nul- SEC. 223, SURGICAL STRIKE VEHICLE FOR USE following: lifies or impairs benefits accruing to a WTO AGAINST HARDENED AND DEEPLY BURIED TARGETS. member under such an Agreement); or SEC. 223. FUNDING FOR BASIC RESEARCH IN NU- CLEAR SEISMIC MONITORING. Of the amount authorized to be appro- (B) in a panel or Appellate Body proceeding priated by section 201(4) for in which the United States is a complaining Of the amount authorized to be appro- party, any finding by the panel or the Appel- priated by section 201(3) and made available counterproliferation support program, late Body that a measure of the party com- for arms control implementation for the Air $3,000,000 shall be made available for research plained against is not inconsistent with that Force (account PE0305145F), $6,500,000 shall and development into the near-term develop- party’s obligations under a Uruguay Round be available for basic research in nuclear ment of a B52H system as a surgical strike Agreement (or does not nullify or impair seismic monitoring. vehicle for defeating hardened and deeply benefits accruing to the United States under buried targets, including tunnels and deeply such an Agreement). KYL (AND BINGAMAN) buried facilities for the production and stor- age of chemical, biological, and nuclear (2) AFFIRMATIVE REPORT.—The term ‘‘af- AMENDMENTS NOS. 4185–4186 firmative report’’ means a report described weapons and their delivery systems. in section 1304(b)(2) which contains affirma- (Ordered to lie on the table.) tive determinations made by the Commis- Mr. KYL (for himself and Mr. BINGA- AMENDMENT NO. 4188 sion under paragraph (3) of section 1304(a). MAN) submitted two amendments in- At the end of subtitle D of title X add the (3) APPELLATE BODY.—The term ‘‘Appellate tended to be proposed by him to the following: Body’’ means the Appellate Body established bill, S. 1745, supra; as follows: SEC. 1044. SENSE OF THE SENATE CONCERNING by the Dispute Settlement Body pursuant to EXPORT CONTROLS. AMENDMENT NO. 4185 Article 17.1 of the Dispute Settlement Under- (a) FINDINGS.—The Senate makes the fol- standing. At the end of subtitle D of title X, add the lowing findings: (4) DISPUTE SETTLEMENT BODY.—The term following: (1) Export controls are a part of a com- ‘‘Dispute Settlement Body’’ means the Dis- SEC. 1043. PROHIBITION ON COLLECTION AND prehensive response to national security pute Settlement Body established pursuant RELEASE OF DETAILED SATELLITE threats. United States exports should be re- to the Dispute Settlement Understanding. IMAGERY RELATING TO ISRAEL AND stricted where those threats exist to na- OTHER COUNTRIES AND AREAS. (5) DISPUTE SETTLEMENT PANEL; PANEL.— tional security, nonproliferation, and foreign The terms ‘‘dispute settlement panel’’ and (a) COLLECTION AND DISSEMINATION.—No de- policy interests of the United States. ‘‘panel’’ mean a panel established pursuant partment or agency of the Federal Govern- (2) The export of certain commodities and to Article 6 of the Dispute Settlement Un- ment may license the collection or dissemi- technology may adversely affect the na- derstanding. nation by any non-Federal entity of satellite tional security and foreign policy of the (6) DISPUTE SETTLEMENT UNDERSTANDING.— imagery with respect to Israel, or to any United States by making a significant con- The term ‘‘Dispute Settlement Understand- other country or geographic area designated tribution to the military potential of indi- ing’’ means the Understanding on Rules and by the President for this purpose, unless vidual countries or by disseminating the ca- Procedures Governing the Settlement of Dis- such imagery is no more detailed or precise pability to design, develop, test, produce, putes referred to in section 101(d)(16) of the than satellite imagery of the country or geo- stockpile, or use weapons of mass destruc- Uruguay Round Agreements Act. graphic area concerned that is routinely tion, missile delivery systems, and other sig- (7) TERMS OF REFERENCE.—The term ‘‘terms available from commercial sources. nificant military capabilities. Therefore, the of reference’’ has the meaning given such (b) DECLASSIFICATION AND RELEASE.—No administration of export controls should em- term in the Dispute Settlement Understand- department or agency of the Federal Govern- phasize the control of these exports. ing. ment may declassify or otherwise release (3) The acquisition of sensitive commod- (8) TRADE REPRESENTATIVE.—The term satellite imagery with respect to Israel, or to ities and technologies by those countries and ‘‘Trade Representative’’ means the United any other country or geographic area des- end users whose actions or policies run States Trade Representative. ignated by the President for this purpose, counter to United States national security (9) URUGUAY ROUND AGREEMENT.—The term unless such imagery is no more detailed or or foreign policy interests may enhance the ‘‘Uruguay Round Agreement’’ means any of precise than satellite imagery of the country military capabilities of those countries, par- the Agreements described in section 101(d) of or geographic area concerned that is rou- ticularly their ability to design, develop, the Uruguay Round Agreements Act. tinely available from commercial sources. test, produce, stockpile, use, and deliver nu- (10) WORLD TRADE ORGANIZATION; WTO.—The clear, chemical, and biological weapons, mis- terms ‘‘World Trade Organization’’ and AMENDMENT NO. 4186 sile delivery systems, and other significant ‘‘WTO’’ mean the organization established At the end of subtitle D of title X, add the military capabilities. This enhancement pursuant to the WTO Agreement. following: threatens the security of the United States June 25, 1996 CONGRESSIONAL RECORD — SENATE S6883 and its allies. The availability to countries Subtitle B—Defense Intelligence Personnel ‘‘(ii) conditions of environment which dif- and end users of items that contribute to SEC. 1131. SHORT TITLE. fer substantially from conditions of environ- military capabilities or the proliferation of This subtitle may be cited as the ‘‘Depart- ment in the continental United States and weapons of mass destruction is a fundamen- ment of Defense Civilian Intelligence Per- warrant an allowance as a recruitment in- tal concern of the United States and should sonnel Reform Act of 1996’’. centive; or be eliminated through deterrence, negotia- SEC. 1132. CIVILIAN INTELLIGENCE PERSONNEL ‘‘(iii) both of the factors described in tions, and other appropriate means whenever MANAGEMENT. clauses (i) and (ii). possible. Section 1590 of title 10, United States Code, ‘‘(C) An allowance under subparagraph (A) (4) The national security of the United is amended to read as follows: may not exceed an allowance authorized to States depends not only on wise foreign poli- be paid by section 5941(a) of title 5 for em- cies and a strong defense, but also a vibrant ‘‘§ 1590. Management of civilian intelligence ployees whose rates of basic pay are fixed by national economy. To be truly effective, ex- personnel of the Department of Defense statute. port controls should be applied uniformly by ‘‘(a) GENERAL PERSONNEL MANAGEMENT AU- ‘‘(d) INTELLIGENCE SENIOR EXECUTIVE SERV- all suppliers. THORITY.—The Secretary of Defense may, ICE.—(1) The Secretary of Defense may estab- (5) On November 5, 1995, President William without regard to the provisions of any other lish an Intelligence Senior Executive Service J. Clinton extended Executive Order No. law relating to the appointment, number, for defense intelligence component positions 12938 regarding ‘‘Weapons of Mass Destruc- classification, or compensation of employ- established pursuant to subsection (a) that tion’’, and ‘‘declared a national emergency ees— are equivalent to Senior Executive Service with respect to the unusual and extraor- ‘‘(1) establish— positions. dinary threat to the national security, for- ‘‘(A) as positions in the excepted service, ‘‘(2) The Secretary of Defense shall pre- eign policy, and economy of the United such defense intelligence component posi- scribe regulations for the Intelligence Senior States posed by the proliferation of nuclear, tions (including Intelligence Senior Level Executive Service which are consistent with biological, and chemical weapons and the positions) as the Secretary determines nec- the requirements set forth in sections 3131, means of delivering such weapons’’. essary to carry out the intelligence func- 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 (6) A successor regime to COCOM (the Co- tions of the defense intelligence components; of title 5, subsections (a), (b), and (c) of sec- ordinating Commission on Multilateral Con- and tion 7543 of such title (except that any hear- trols) has not been established. Currently, ‘‘(B) such Intelligence Senior Executive ing or appeal to which a member of the Intel- each nation is determining independently Service positions as the Secretary deter- ligence Senior Executive Service is entitled which dual-use military items, if any, will be mines necessary to carry out functions re- shall be held or decided pursuant to the regu- controlled for export. ferred to in subparagraph (B); lations), and subchapter II of chapter 43 of (7) The United States should play a leading ‘‘(2) appoint individuals to such positions such title. To the extent that the Secretary role in promoting transparency and respon- (after taking into consideration the avail- determines it practicable to apply to mem- sibility with regard to the transfers of sen- ability of preference eligibles for appoint- bers of, or applicants for, the Intelligence sitive dual-use goods and technologies. ment to such positions); and Senior Executive Service other provisions of (b) SENSE OF SENATE.—It is the sense of the ‘‘(3) fix the compensation of such individ- Senate that— title 5 that apply to members of, or appli- (1) establishing an international export uals for service in such positions. cants for, the Senior Executive Service, the ‘‘(b) BASIC PAY.—(1)(A) Subject to subpara- control regime, empowered to control ex- Secretary shall also prescribe regulations to ports of dual-use technology, is critically graph (B) and paragraph (2), the Secretary of implement those sections with respect to the important and should become a top priority Defense shall fix the rates of basic pay for Intelligence Senior Executive Service. for the United States; and positions established under subsection (a) in ‘‘(e) AWARD OF RANK TO MEMBERS OF THE (2) the United States should strongly en- relation to the rates of basic pay provided in INTELLIGENCE SENIOR EXECUTIVE SERVICE.— courage its allies and friends to— subpart D of part III of title 5 for positions The President, based on the recommenda- (A) adopt a commodity control list which subject to that subpart which have cor- tions of the Secretary of Defense, may award governs the same or similar items as are responding levels of duties and responsibil- a rank referred to in section 4507 of title 5 to controlled by the United States Commodity ities. members of the Intelligence Senior Execu- Control list; ‘‘(B) Except as otherwise provided by law, tive Service whose positions may be estab- (B) strengthen enforcement activities; and no rate of basic pay fixed under subpara- lished pursuant to this section. The award- (C) explore the use of unilateral export graph (A) for a position established under ing of such rank shall be made in a manner controls where the possibility exists that an subsection (a) may exceed— consistent with the provisions of that sec- export could contribute to proliferation. ‘‘(i) in the case of an Intelligence Senior tion. Executive Service position, the maximum ‘‘(f) INTELLIGENCE SENIOR LEVEL POSI- THURMOND AMENDMENTS NOS. rate provided in section 5382 of title 5; TIONS.—The Secretary of Defense may, in ac- 4189–4190 ‘‘(ii) in the case of an Intelligence Senior cordance with regulations prescribed by the Level position, the maximum rate provided Secretary, designate as an Intelligence Sen- (Ordered to lie on the table.) in section 5382 of title 5; and ior Level position any defense intelligence Mr. THURMOND submitted two ‘‘(iii) in the case of any other defense intel- component position that, as determined by amendments intended to be proposed ligence component position, the maximum the Secretary— by him to the bill, S. 1745, supra; as fol- rate provided in section 5306(e) of title 5. ‘‘(1) is classifiable above grade GS–15 of the lows: ‘‘(2) The Secretary of Defense may, consist- General Schedule; AMENDMENT NO. 4189 ent with section 5341 of title 5, adopt such ‘‘(2) does not satisfy functional or program provisions of that title as provide for prevail- At the end of subtitle B of title IV, add the management criteria for being designated an ing rate systems of basic pay and may apply following: Intelligence Senior Executive Service posi- those provisions to positions for civilian em- tion; and SEC. 413. PERSONNEL MANAGEMENT RELATING ployees in or under which the Department of TO ASSIGNMENT TO SERVICE IN THE ‘‘(3) has no more than minimal supervisory SELECTIVE SERVICE SYSTEM. Defense may employ individuals described by responsibilities. Section 10 of the Military Selective Serv- section 5342(a)(2)(A) of such title. ‘‘(g) TIME LIMITED APPOINTMENTS.—(1) The ice Act (50 U.S.C. App. 460) is amended— ‘‘(c) ADDITIONAL COMPENSATION, INCEN- Secretary of Defense may, in regulations, au- (1) in subsection (b)(2), by inserting ‘‘, sub- TIVES, AND ALLOWANCES.—(1) Employees in thorize appointing officials to make time ject to subsection (e),’’ after ‘‘to employ such defense intelligence component positions limited appointments to defense intelligence number of civilians, and’’; and may be paid additional compensation, in- component positions specified in the regula- (2) by inserting after subsection (d) the fol- cluding benefits, incentives, and allowances, tions. lowing: in accordance with this subsection if, and to ‘‘(2) An employee serving in a defense in- ‘‘(e)(1) The number of armed forces person- the extent, authorized in regulations pre- telligence component position pursuant to a nel assigned to the Selective Service System scribed by the Secretary of Defense. time limited appointment is not eligible for under subsection (b)(2) may not exceed 745, ‘‘(2) Additional compensation under this a permanent appointment to an Intelligence except in a time of war declared by Congress subsection shall be consistent with, and not Senior Executive Service position (including or national emergency declared by Congress in excess of the levels authorized for, com- a position in which serving) unless selected or the President. parable positions authorized by title 5. for the permanent appointment on a com- ‘‘(2) Members of the Selected Reserve as- ‘‘(3)(A) Employees in defense intelligence petitive basis. signed to the Selective Service System under component positions, if citizens or nationals ‘‘(3) In this subsection, the term ‘time lim- subsection (b)(2) shall not be counted for pur- of the United States, may be paid an allow- ited appointment’ means an appointment for poses of any limitation on the authorized ance while stationed outside the continental a period not to exceed two years. . .. strength of Selected Reserve personnel of the United States or in Alaska. ‘‘(h) TERMINATION OF CIVILIAN INTEL- reserve components under any law authoriz- ‘‘(B) Subject to subparagraph (C), allow- LIGENCE EMPLOYEES.—(1) Notwithstanding ing the end strength of such personnel.’’. ances under subparagraph (A) shall be based any other provision of law, the Secretary of on— Defense may terminate the employment of AMENDMENT NO. 4190 ‘‘(i) living costs substantially higher than any employee in a defense intelligence com- At the end of title XI add the following: in the District of Columbia; ponent position if the Secretary— S6884 CONGRESSIONAL RECORD — SENATE June 25, 1996

‘‘(A) considers such action to be in the in- ‘‘(l) NOTIFICATION OF CONGRESS.—At least SEC. 523. PROHIBITION ON REORGANIZATION OF terests of the United States; and 60 days before the effective date of regula- ARMY ROTC CADET COMMAND OR ‘‘(B) determines that the procedures pre- tions prescribed to carry out this section, TERMINATION OF SENIOR ROTC scribed in other provisions of law that au- the Secretary of Defense shall submit the UNITS PENDING REPORT ON ROTC. thorize the termination of the employment regulations to the Committee on National (a) PROHIBITION.—Notwithstanding any of such employee cannot be invoked in a Security and the Permanent Select Commit- other provision of law, the Secretary of the manner consistent with the national secu- tee on Intelligence of the House of Rep- Army may not reorganize or restructure the rity. resentatives and the Committee on Armed Reserve Officers Training Corps Cadet Com- ‘‘(2) A decision by the Secretary of Defense Services and the Select Committee on Intel- mand or terminate any Senior Reserve Offi- to terminate the employment of an em- ligence of the Senate. cer Training Corps units identified in the In- formation for Members of Congress concern- ployee under this subsection is final and may ‘‘(m) DEFINITIONS.—In this section: not be appealed or reviewed outside the De- ‘‘(1) The term ‘defense intelligence compo- ing Senior Reserve Officer Training Corps partment of Defense. nent position’ means a position of civilian (ROTC) Unit Closures dated May 20, 1996, ‘‘(3) The Secretary of Defense shall employment as an intelligence officer or em- until 180 days after the date on which the promptly notify the Committee on National ployee of a defense intelligence component. Secretary submits to the congressional de- Security and the Permanent Select Commit- ‘‘(2) The term ‘defense intelligence compo- fense committees the report described in tee on Intelligence of the House of Rep- nent’ means each of the following compo- subsection (b). resentatives and the Committee on Armed nents of the Department of Defense: (b) REPORT.—The report referred to in sub- Services and the Select Committee on Intel- ‘‘(A) The National Security Agency. section (a) shall— ligence of the Senate whenever the Sec- ‘‘(B) The Defense Intelligence Agency. (1) describe the selection process used to retary terminates the employment of any ‘‘(C) The Central Imagery Office. identify the Reserve Officer Training Corps employee under the authority of this sub- ‘‘(D) Any component of a military depart- units of the Army to be terminated; section. ment that performs intelligence functions (2) list the criteria used by the Army to se- ‘‘(4) Any termination of employment under and is designated as a defense intelligence lect Reserve Officer Training Corps units for this subsection shall not affect the right of component by the Secretary of Defense. termination; the employee involved to seek or accept em- ‘‘(E) Any other component of the Depart- (3) set forth the specific ranking of each ployment with any other department or ment of Defense that performs intelligence unit of the Reserve Officer Training Corps of agency of the United States if that employee functions and is designated as a defense in- the Army to be terminated as against all is declared eligible for such employment by telligence component by the Secretary of other such units; the Director of the Office of Personnel Man- Defense. (4) set forth the authorized and actual agement. cadre staffing of each such unit to be termi- ‘‘(5) The authority of the Secretary of De- ‘‘(F) Any successor to a component listed in, or designated pursuant to, this para- nation for each fiscal year of the 10-fiscal fense under this subsection may be delegated year period ending with fiscal year 1996; only to the Deputy Secretary of Defense and graph. ‘‘(3) The term ‘Intelligence Senior Level (5) set forth the production goals and per- the head of a defense intelligence component formance evaluations of each Reserve Officer (with respect to employees of that compo- position’ means a defense intelligence com- ponent position designated as an Intelligence Training Corps unit of the Army on the clo- nent). An action to terminate employment of sure list for each fiscal year of the 10-fiscal such an employee by any such official may Senior Level position pursuant to subsection (f). year period ending with fiscal year 1996; be appealed to the Secretary of Defense. (6) describe how cadets currently enrolled ‘‘(i) REDUCTIONS AND OTHER ADJUSTMENTS ‘‘(4) The term ‘excepted service’ has the in the units referred to in paragraph (5) will IN FORCE.—(1) The Secretary of Defense, in meaning given such term in section 2103 of be accommodated after the closure of such consultation with the Director of the Office title 5. units; of Personnel Management, shall prescribe ‘‘(5) The term ‘preference eligible’ has the (7) describe the incentives to enhance the regulations for the separation of employees meaning given such term in section 2108(3) of Reserve Officer Training Corps program that in defense intelligence component positions, title 5. are provided by each of the colleges on the including members of the Intelligence Senior ‘‘(6) The term ‘Senior Executive Service closure list; and Executive Service and employees in Intel- position’ has the meaning given such term in ligence Senior Level positions, in a reduc- section 3132(a)(2) of title 5. (8) include the projected officer accession tion in force or other adjustment in force. ‘‘(7) The term ‘collective bargaining agree- plan by source of commission for the active- The regulations shall apply to such a reduc- ment’ has the meaning given such term in duty Army, the Army Reserve, and the Army tion in force or other adjustment in force section 7103(8) of title 5.’’. National Guard. (9) describe whether the closure of any notwithstanding sections 3501(b) and 3502 of SEC. 1133. REPEALS. title 5. ROTC unit will adversely effect the recruit- (a) DEFENSE INTELLIGENCE SENIOR EXECU- ment of minority officer candidates. ‘‘(2) The regulations shall give effect to— TIVE SERVICE.—Sections 1601, 1603, and 1604 of ‘‘(A) tenure of employment; title 10, United States Code, are repealed. ‘‘(B) military preference, subject to sec- (b) NATIONAL SECURITY AGENCY PERSONNEL THURMOND AMENDMENT NO. 4192 tions 3501(a)(3) and 3502(b) of title 5; MANAGEMENT AUTHORITIES.—(1) Sections 2 (Ordered to lie on the table.) ‘‘(C) the veteran’s preference under section and 4 of the National Security Agency Act of 3502(b) of title 5; Mr. THURMOND submitted an 1959 (50 U.S.C. 402 note) are repealed. amendment intended to be proposed by ‘‘(D) performance; and (2) Section 303 of the Internal Security Act ‘‘(E) length of service computed in accord- of 1950 (50 U.S.C. 833) is repealed. him to the bill, S. 1745, supra; as fol- ance with the second sentence of section lows: SEC. 1134. CLERICAL AMENDMENTS. 3502(a) of title 5. At the end of section 1061 add the follow- ‘‘(2) The regulations relating to removal (a) AMENDED SECTION HEADING.—The item ing: from the Intelligence Senior Executive Serv- relating to section 1590 in the table of sec- (c) REPEAL OF 13-YEAR SPECIAL LIMIT ON ice in a reduction in force or other adjust- tions at the beginning of chapter 81 of title TERM OF TRANSITIONAL JUDGE OF UNITED ment in force shall be consistent with sec- 10, United States Code, is amended to read as STATES COURT OF APPEALS FOR THE ARMED tion 3595(a) of title 5. follows: FORCES.—(1) Subsection (d)(2) of section 1301 ‘‘(3) The regulations shall provide a right ‘‘1590. Management of civilian intelligence of the National Defense Authorization Act of appeal regarding a personnel action under personnel of the Department of for Fiscal Years 1990 and 1991 (Public Law the regulations. The appeal shall be deter- Defense.’’. mined within the Department of Defense. An 101–189; 103 Stat. 1575; 10 U.S.C. 942 note) is (b) REPEALED SECTIONS.—The table of sec- appeal determined at the highest level pro- amended by striking out ‘‘to the judges who tions at the beginning of chapter 83 of title are first appointed to the two new positions vided in the regulations shall be final and 10, United States Code, is amended by strik- not subject to review outside the Depart- of the court created as of October 1, 1990—’’ ing out the items relating to sections 1601, and all that follows and inserting in lieu ment of Defense. A personnel action covered 1603, and 1604. by the regulations is not subject to any thereof ‘‘to the judge who is first appointed other provision of law that provides appel- to one of the two new positions of the court created as of October 1, 1990, as designated late rights or procedures. THURMOND (AND WARNER) ‘‘(j) APPLICABILITY OF MERIT SYSTEM PRIN- by the President at the time of appointment, AMENDMENT NO. 4191 CIPLES.—Section 2301 of title 5 shall apply to the anniversary referred to in subparagraph the exercise of authority under this section. (Ordered to lie on the table.) (A) of that paragraph shall be treated as ‘‘(k) COLLECTIVE BARGAINING AGREE- Mr. THURMOND (for himself and Mr. being the seventh anniversary and the num- MENTS.—Nothing in this section may be con- ber of years referred to in subparagraph (B) WARNER) submitted an amendment in- strued to impair the continued effectiveness of that paragraph shall be treated as being of a collective bargaining agreement with re- tended to be proposed by them to the seven.’’. spect to an agency or office that is a succes- bill, S. 1745, supra; as follows: (2) Subsection (e)(1) of such section is sor to an agency or office covered by the At the end of subtitle C of title V, add the amended by striking out ‘‘each judge’’ and agreement before the succession. following: inserting in lieu thereof ‘‘a judge’’. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6885 PELL (AND HELMS) AMENDMENT regulation promulgated pursuant to section merit and program relevance of the proposed NO. 4193 2 of this Act may be fined not more than $50 research. or imprisoned for not more than thirty days, (3) Of the amount authorized to be appro- (Ordered to lie on the table.) or both. priated under section 301(19), $10,000,000 is Mr. PELL (for himself and Mr. ‘‘(b) Whoever shall violate any rule or reg- available for research under paragraph (1). HELMS) submitted an amendment in- ulation for the control of vehicular or pedes- (b) HEALTH CARE BENEFITS FOR AFFLICTED tended to be proposed by them to the trian traffic on military installations that is CHILDREN OF GULF WAR VETERANS.—(1) bill, S. 1745, supra; as follows: promulgated by the Secretary of Defense, or Under regulations prescribed by the Sec- the designee of the Secretary, under the au- retary of Defense, any child of a Gulf War On page 268, strike lines 12 through 22. thority delegated pursuant to section 2 of veteran who has been born after August 2, this Act may be fined an amount not to ex- 1990, and has a congenital defect or cata- KOHL AMENDMENT NO. 4194 ceed the amount of a fine for a like or simi- strophic illness not excluded from coverage (Ordered to lie on the table.) lar offense under the criminal or civil law of under paragraph (2) is eligible for medical and dental care under chapter 55 of title 10, Mr. KOHL submitted an amendment the State, territory, possession, or district where the military installation is located, or United States Code, for the congenital defect intended to be proposed by him to the imprisoned for not more than thirty days, or or catastrophic illness, and associated condi- bill, S. 1745, supra; as follows: both.’’. tions, of the child. After section 3, add the following: (2) The administering Secretaries may ex- SEC. 4. GENERAL LIMITATION. BYRD AMENDMENTS NOS. 4197–4198 clude from coverage under this subsection— (A) any congenital defect or catastrophic Notwithstanding any other provision of (Ordered to lie on the table.) illness that, as determined by the Secretary this Act, the total amount authorized to be Mr. BYRD submitted two amend- of Defense to a reasonable degree of sci- appropriated for fiscal year 1997 under the entific certainty on the basis of scientific re- provisions of this Act is $265,583,000,000. ments intended to be proposed by him to the bill, S. 1745, supra; as follows: search, is not a defect or catastrophic illness AMENDMENT NO. 4197 that can result in a child from an exposure of CHAFEE AMENDMENT NO. 4195 a parent of the child to a chemical warfare At the end of subtitle A of title V add the agent or other hazardous material to which (Ordered to lie on the table.) following: Mr. CHAFEE submitted an amend- members of the Armed Forces might have SEC. 506. SERVICE CREDIT FOR SENIOR R.O.T.C. been exposed during Gulf War service; and ment intended to be proposed by him CADETS AND MIDSHIPMEN IN SI- (B) a particular congenital defect or cata- to the bill, S. 1745, supra; as follows: MULTANEOUS MEMBERSHIP PRO- GRAM. strophic illness (and any associated condi- At the end of section 348, add the follow- (a) AMENDMENTS TO TITLE 10.—(1) Section tion) of a particular child if the onset of the ing: 2106(c) of title 10, United States Code, is defect or illness is determined to have pre- (c) REPORT ON COMPLIANCE WITH ANNEX V amended by striking out ‘‘while serving on ceded any possible exposure of the parent or TO THE CONVENTION.—The Secretary of De- active duty other than for training after parents of the child to a chemical warfare fense shall include in each report on environ- July 31, 1990, while a member of the Selected agent or other hazardous material during mental compliance activities submitted to Reserve’’ and inserting in lieu thereof ‘‘per- Gulf War service. Congress under section 2706(b) of title 10, formed on or after August 1, 1979, as a mem- (3) No fee, deductible, or copayment re- United States Code, the following informa- ber of the Selected Reserve’’. quirement may be imposed or enforced for tion: (2) Section 2107(g) of such title is amended medical or dental care provided under chap- (1) A list of the ships types, if any, for by striking out ‘‘while serving on active ter 55 of title 10, United States Code, in the which the Secretary of the Navy has made duty other than for training after July 31, case of a child who is eligible for such care the determination referred to in paragraph 1990, while a member of the Selected Re- under this subsection (even if the child (2)(C) of section 3(c) of the Act to Prevent serve’’ and inserting in lieu thereof ‘‘per- would otherwise be subject to such a require- Pollution from Ships, as amended by sub- formed on or after August 1, 1979, as a mem- ment on the basis of any eligibility for such section (a)(2) of this section. ber of the Selected Reserve’’. care that the child also has under any provi- (2) A list of ship types which the Secretary (3) Section 2107a(g) of such title is amended sion of law other than this subsection). of the Navy has determined can comply with by inserting ‘‘, other than enlisted service (c) DEFINITIONS.—(1) In this section: Regulation 5 of Annex V to the Convention. performed after August 1, 1979, as a member (A) The term ‘‘Gulf War veteran’’ means a (3) A summary of the progress made by the of Selected Reserve’’ after ‘‘service as a veteran of Gulf War service. (B) The term ‘‘Gulf War service’’ means Navy in implementing the requirements of cadet or with concurrent enlisted service’’. service on active duty as a member of the paragraphs (2) and (3) such section 3(c), as so (b) AMENDMENT TO TITLE 37.—Section 205(d) amended. of title 37, United States Code, is amended by Armed Forces in the Southwest Asia theater (4) A description of any emerging tech- striking out ‘‘that service after July 31, 1990, of operations during the Persian Gulf War. (C) The term ‘‘Persian Gulf War’’ has the nologies offering the potential to achieve that the officer performed while serving on meaning given that term in section 101(33) of full compliance with Regulation 5 of Annex active duty’’ and inserting in lieu thereof V to the Convention. title 38, United States Code. ‘‘for service that the officer performed on or (D) The term ‘‘administering Secretaries’’ (d) PUBLICATION REGARDING SPECIAL AREA after August 1, 1979.’’. has the meaning given that term in section DISCHARGES.—Section 3(e)(4) of the Act to (c) BENEFITS NOT TO ACCRUE FOR PRIOR PE- 1072(3) of title 10, United States Code. Prevent Pollution from Ships (33 U.S.C. RIODS.—No increase in pay or retired or re- (E) The term ‘‘child’’ means a natural 1902(e)(4)) is amended by striking out sub- tainer pay shall accrue for periods before the child. paragraph (A) and inserting in lieu thereof date of the enactment of this Act by reason (2) The Secretary of Defense shall prescribe the following: of the amendments made by this section. in regulations a definition of the terms ‘‘con- ‘‘(A) The amount and nature of the dis- genital defect’’ and ‘‘catastrophic illness’’ AMENDMENT NO. 4198 charges in special areas, not otherwise au- for the purposes of this section. thorized under this title, during the preced- At the end of title VII add the following: ing year from ships referred to in subsection SEC. 708. RESEARCH AND BENEFITS RELATING (b)(1)(A) of this section owned or operated by TO GULF WAR SERVICE. FEINSTEIN AMENDMENTS NOS. the Department of the Navy.’’. (a) RESEARCH.—(1) The Secretary of De- 4199–4200 fense shall, by contract, grant, or other (Ordered to lie on the table.) THURMOND (AND NUNN) transaction, provide for scientific research Mrs. FEINSTEIN submitted two AMENDMENT NO. 4196 to be carried out by entities independent of amendments intended to proposed by the Federal Government on possible causal her to the bill, S. 1745, supra; as fol- (Ordered to lie on the table.) relationships between the complex of ill- lows: Mr. THURMOND (for himself and Mr. nesses and symptoms commonly known as AMENDMENT NO. 4199 NUNN) submitted an amendment in- ‘‘Gulf War syndrome’’ and the possible expo- tended to be proposed by him to the sures of members of the Armed Forces to At the appropriate place, insert the follow- ing: bill, S. 1745, supra; as follows: chemical warfare agents or other hazardous materials during Gulf War service. SEC. . CONTRIBUTIONS THROUGH At the end of subtitle F of title X, add the (2) The Secretary shall prescribe the proce- INTERMEDIARIES AND CONDUITS. following: dures for making awards under paragraph Section 315(a)(8) of FECA (2 U.S.C. SEC. 1072. INCREASE IN PENALTIES FOR CER- (1). The procedures shall— 441a(a)(8)) is amended to read as follows: TAIN TRAFFIC OFFENSES ON MILI- (A) include a comprehensive, independent ‘‘(8) For the purposes of this subsection: TARY INSTALLATIONS. peer-review process for the evaluation of pro- ‘‘(A) Contributions made by a person, ei- Section 4 of the Act of June 1, 1948 (40 posals for scientific research that are sub- ther directly or indirectly, to or on behalf of U.S.C. 318c) is amended to read as follows: mitted to the Department of Defense; and a particular candidate, including contribu- ‘‘SEC. 4. (a) Except as provided in sub- (B) provide for the final selection of pro- tions that are in any way earmarked or oth- section (b), whoever shall violate any rule or posals for award to be based on the scientific erwise directed through an intermediary or S6886 CONGRESSIONAL RECORD — SENATE June 25, 1996 conduit to a candidate, shall be treated as under paragraph (3) with respect to other (c) RELATING TO THE YEARS OF SERVICE AS contributions from the person to the can- candidates for the same office who are not A MEMBER OF CONGRESS AND CONGRESSIONAL didate. If a contribution is made to a can- described in subparagraph (A), (B), or (C), if EMPLOYEES FOR PURPOSES OF COMPUTING AN didate through an intermediary or conduit, the candidate— ANNUITY.— ‘‘(A) declares under paragraph (1) that the the intermediary or conduit shall report the (1) CSRS.—Section 8339 of title 5, United candidate intends to expend for the primary original source and the intended recipient of States Code, is amended— the contribution to the Commission and the and general election funds described in such (A) in subsection (a) by inserting ‘‘or Mem- intended recipient. paragraph in an amount exceeding $250,000; ‘‘(B) Contributions made directly or indi- ‘‘(B) expends such funds in the primary and ber’’ after ‘‘employee’’; rectly by a person to or on behalf of a par- general election in an amount exceeding (B) by striking subsections (b) and (c); and ticular candidate through an intermediary $250,000; or (C) in subsection (h)— or conduit, including contributions arranged ‘‘(C) fails to file the declaration required (i) in the first sentence by striking out to be made by an intermediary or conduit, by paragraph (1). ‘‘subsections (a), (b)’’ and inserting in lieu shall be treated as contributions from the ‘‘(3) For purposes of paragraph (2)— thereof ‘‘subsections (a),’’; and intermediary or conduit to the candidate if— ‘‘(A) if a candidate described in paragraph (ii) in the second sentence by striking out (2)(B) expends funds in an amount exceeding ‘‘(i) the contributions made through the ‘‘subsections (c) and (f)’’ and inserting in lieu $250,000, the limitation under subsection intermediary or conduit are in the form of a thereof ‘‘subsections (a) and (f)’’. (a)(1)(A) shall be increased to $2,000; and check or other negotiable instrument made (2) FERS.—Section 8415 of title 5, United payable to the intermediary or conduit rath- ‘‘(B) if a candidate described in paragraph (2)(B) expends funds in an amount exceeding States Code, is amended— er than the intended recipient; or (A) by striking subsections (b) and (c); ‘‘(ii) the intermediary or conduit is— $250,000, the limitation under subsection ‘‘(I) a political committee with a con- (a)(1)(A) shall be increased to $5,000. (B) in subsections (a) and (g) by inserting nected organization, a political party, or an ‘‘(4) If— ‘‘or Member’’ after ‘‘employee’’ each place it officer, employee, or agent of either; ‘‘(A) the modifications under paragraph (3) appears; and ‘‘(II) a person whose activities are required apply for a convention or a primary election (C) in subsection (g)(2) by striking out to be reported under section 308 of the Fed- by reason of 1 or more candidates taking (or ‘‘Congressional employee’’. eral Regulation of Lobbying Act (2 U.S.C. failing to take) any action described in sub- (d) CONTRIBUTION RATES.— 267), the Foreign Agents Registration Act of paragraph (A), (B), or (C) of paragraph (2); (1) CSRS.—(A) Section 8334(a)(1) of title 5, 1938 (22 U.S.C. 611 et seq.), or any successor and ‘‘(B) such candidates are not candidates in United States Code, is amended— Federal law requiring a person who is a lob- (i) by striking out ‘‘of an employee, 71⁄2 per- byist or foreign agent to report the activities any subsequent election in the same election campaign, including the general election, cent of the basic pay of a Congressional em- of such person; ployee,’’ and inserting in lieu thereof ‘‘of an ‘‘(III) a person who is prohibited from mak- paragraph (3) shall cease to apply to the ing contributions under section 316 or a part- other candidates in such campaign. employee, a Member,’’; and nership; or ‘‘(5) No increase described in paragraph (3) (ii) by striking out ‘‘basic pay of a Mem- ‘‘(IV) an officer, employee, or agent of a shall apply under paragraph (2) to non- ber,’’ and inserting in lieu thereof ‘‘basic pay person described in subclause (II) or (III) act- eligible Senate candidates in any election if of’’. ing on behalf of such person. eligible Senate candidates are participating (B) The table under section 8334(c) of title ‘‘(C) The term ‘contributions arranged to in the same election campaign. 5, United States Code, is amended— be made’ includes— ‘‘(6) A candidate who— (i) in the item relating to Member or em- ‘‘(i)(I) contributions delivered directly or ‘‘(A) declares, pursuant to paragraph (1), ployee for Congressional employee service by indirectly to a particular candidate or the that the candidate does not intend to expend striking out candidate’s authorized committee or agent funds described in paragraph (1) in excess of by the person who facilitated the contribu- $250,000; and tion; and ‘‘(B) subsequently changes such declara- ‘‘ 71⁄2...... After December 31, 1969.’’ ‘‘(II) contributions made directly or indi- tion or expends such funds in excess of that rectly to a particular candidate or the can- amount, and inserting in lieu thereof didate’s authorized committee or agent that shall file an amended declaration with the are provided at a fundraising event spon- Commission and notify all other candidates ‘‘ 71⁄2...... December 31, 1969 to (but not sored by an intermediary or conduit de- for the same office not later than 24 hours including) the effective date scribed in subparagraph (B); after changing such declaration or exceeding of the Congressional Annuity (D) This paragraph shall not prohibit— such limits, whichever first occurs, by send- Reform Act of 1996. ‘‘(i) fundraising efforts for the benefit of a ing a notice by certified mail, return receipt ‘‘ 7...... On and after the effective date candidate that are conducted by another requested.’’. of the Congressional Annuity candidate or Federal officeholder; or Reform Act of 1996.’’; ‘‘(ii) the solicitation by an individual using BRYAN AMENDMENTS NOS. 4201– the individual’s resources and acting in the and (ii) in the item relating to Member for individual’s own name of contributions from 4202 Member service by striking out other persons in a manner not described in (Ordered to lie on the table.) paragraphs (B) and (C).’’. Mr. BRYAN submitted two amend- ‘‘ 8...... After December 31, 1969.’’ ments intended to be proposed by him AMENDMENT NO. 4200 to the bill, S. 1745, supra; as follows: and inserting in lieu thereof At the appropriate place, insert the follow- AMENDMENT NO. 4201 ing: At the end of subtitle F of title X, add the ‘‘ 8...... December 31, 1969 to (but not SEC. . CANDIDATE EXPENDITURES FROM PER- following new section: including) the effective date SONAL FUNDS. of the Congressional Annuity Section 315 of FECA (2 U.S.C. 441a) is SEC. 1072. FEDERAL RETIREMENT PROVISIONS Reform Act of 1996. amended by adding at the end the following RELATING TO MEMBERS OF CON- ‘‘ 7...... On and after the effective date new subsection: GRESS AND CONGRESSIONAL EM- of the Congressional Annuity PLOYEES. ‘‘(i)(1)(A) Not later than 15 days after a Reform Act of 1996.’’. (a) SHORT TITLE.—This section may be candidate qualifies for a primary election cited as the ‘‘Congressional Annuity Reform (2) FERS.—Section 8422(a)(2) of title 5, ballot under State law, the candidate shall Act of 1996’’. United States Code, is amended— file with the Commission, and each other (b) RELATING TO THE MAXIMUM ANNUITY AL- candidate who has qualified for that ballot, a (A) in subparagraph (A) by striking out LOWABLE PURSUANT TO COST-OF-LIVING AD- declaration stating whether the candidate ‘‘employee (other than a law enforcement of- JUSTMENTS.—Section 8340(g)(1) of title 5, intends to expend during the election cycle ficer, firefighter, air traffic controller, or United States Code, is amended— Congressional employee)’’ and inserting in an amount exceeding $250,000 from— (1) in subparagraph (A) by striking ‘‘or’’ ‘‘(i) the candidate’s personal funds; lieu thereof ‘‘employee or Member (other ‘‘(ii) the funds of the candidate’s imme- after the semicolon; than a law enforcement officer, firefighter, (2) in subparagraph (B)— diate family; and or air traffic controller)’’; and (A) by striking ‘‘employee or Member’’ and ‘‘(iii) personal loans incurred by the can- (B) in subparagraph (B)— inserting ‘‘employee’’; didate and the candidate’s immediate family (i) by striking out ‘‘a Member,’’; and in connection with the candidate’s election (B) by striking ‘‘employee or Member,’’ and inserting ‘‘employee,’’; (ii) by striking out ‘‘air traffic controller, campaign. or Congressional employee,’’ and inserting in ‘‘(B) The declaration required by subpara- (C) by striking ‘‘employee’s or Member’s’’ graph (A) shall be in such form and contain and inserting ‘‘employee’s’’; and lieu thereof ‘‘or air traffic controller,’’. such information as the Commission may re- (D) by striking the period at the end of quire by regulation. subparagraph (B)(ii) and inserting ‘‘; or’’; and ‘‘(2) Notwithstanding subsection (a), the (3) by adding at the end the following: limitations on contributions under sub- ‘‘(C) the final pay of the Member with re- section (a) shall be modified as provided spect to whom the annuity is paid.’’. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6887

(e) ADMINISTRATIVE REGULATIONS.—The Of- (2) IDENTIFICATION OF OFFENSES.—Section ‘‘(2) willfully remains outside the United fice of Personnel Management, in consulta- 8312 of title 5, United States Code, is amend- States, or its territories and possessions in- tion with the Secretary of the Senate and ed— cluding the Commonwealth of Puerto Rico, the Clerk of the House of Representatives, (A) by redesignating subsection (d) as sub- for more than 1 year with knowledge of the may prescribe regulations to carry out the section (e); and indictment or charges, as the case may be; provisions of this section and the amend- (B) by inserting after subsection (c) the fol- and ments made by this section for applicable lowing new subsection: ‘‘(3) is an individual described in section employees and Members of Congress. ‘‘(d)(1) The offenses under paragraph (2) are 8312(d)(1)(B).’’. (f) EFFECTIVE DATES.— the offenses to which subsection (a) of this (2) CONFORMING AMENDMENT.—Subsection (1) SHORT TITLE.—Subsection (a) shall take section applies, but only if— (c) of section 8313 of title 5, United States effect on the date of the enactment of this ‘‘(A) the individual is convicted of such of- Code (as redesignated under paragraph Act. fense committed after the date of the enact- (1)(A)) is amended by inserting ‘‘or (b)’’ after (2) COLA ADJUSTMENTS.—The amendments ment of the Congressional, Presidential, and ‘‘subsection (a)’’. made by subsection (b) shall take effect on Judicial Pension Forfeiture Act; (d) REFUND OF CONTRIBUTIONS AND DEPOS- the date of the enactment of this Act and ‘‘(B) the individual was a Member of Con- ITS.—Section 8316(b) of title 5, United States shall apply with respect to annuities com- gress (including the Vice President), a con- Code, is amended— mencing on or after such date. gressional employee, or a Federal justice or (1) by striking ‘‘or’’ at the end of paragraph (3) YEARS OF SERVICE; ANNUITY COMPUTA- judge at the time of committing the offense; (1); TION.—(A) The amendments made by sub- and (2) by striking the period at the end of section (c) shall take effect on the date of ‘‘(C) the offense is punishable by imprison- paragraph (2) and inserting ‘‘; or’’; and the enactment of this Act and shall apply ment for more than 1 year. (3) by adding at the end the following new only with regard to the computation of an ‘‘(2) The offenses under this paragraph are paragraph: annuity relating to— as follows: ‘‘(3) if the individual was convicted of an (i) the service of a Member of Congress as ‘‘(A) An offense within the purview of— offense named by section 8312(d) of this title, a Member or as a Congressional employee ‘‘(i) section 201 of title 18 (bribery of public for the period after the conviction of the vio- performed after such date; and officials and witnesses); lation.’’. (ii) the service of a Congressional employee ‘‘(ii) section 203 of title 18 (compensation (e) FORFEITURE OF PRESIDENTIAL ALLOW- as a Congressional employee performed after to Members of Congress, officers, and others ANCE.—Subsection (a) of the first section of such date. in matters affecting the Government); the Act entitled ‘‘An Act to provide retire- (B) An annuity shall be computed as ‘‘(iii) section 204 of title 18 (practice in ment, clerical assistance, and free mailing though the amendments made under sub- United States Court of Federal Claims or the privileges to former Presidents of the United section (c) had not been enacted with regard United States Court of Appeals for the Fed- States, and for other purposes’’, approved to— eral Circuit by Members of Congress); August 25, 1958 (Public Law 85–745; 72 Stat. (i) the service of a Member of Congress as ‘‘(iv) section 219 of title 18 (officers and em- 838; 3 U.S.C. 102 note) is amended— a Member or a Congressional employee or ployees acting as agents of foreign prin- (1) by striking ‘‘Each former President’’ military service performed before the date of cipals); and inserting ‘‘(1) Subject to paragraph (2), the enactment of this Act; and ‘‘(v) section 286 of title 18 (conspiracy to each former President’’; and (ii) the service of a Congressional employee defraud the Government with respect to (2) by inserting at the end the following as a Congressional employee or military claims); new paragraph: service performed before the date of the en- ‘‘(vi) section 287 of title 18 (false, fictitious, ‘‘(2) The allowance payable to an individ- actment of this Act. or fraudulent claims); ual under paragraph (1) shall be forfeited if— (4) CONTRIBUTION RATES.—The amendments ‘‘(vii) section 371 of title 18 (conspiracy to ‘‘(A) the individual is convicted of an of- made by subsection (d) shall take effect on commit offense or to defraud the United fense described under section 8312(d)(2) of the first day of the first applicable pay pe- States; title 5, United States Code, committed after riod beginning on or after the date of the en- ‘‘(viii) section 597 of title 18 (expenditures the date of the enactment of the Congres- actment of this Act. to influence voting); sional, Presidential, and Judicial Pension (5) REGULATIONS.—The provisions of sub- ‘‘(ix) section 599 of title 18 (promise of ap- Forfeiture Act; section (e) shall take effect on the date of pointment by candidate); ‘‘(B) such individual committed such of- the enactment of this Act. ‘‘(x) section 602 of title 18 (solicitation of fense during the individual’s term of office (6) ALTERNATIVE EFFECTIVE DATE RELATING political contributions); as President; and TO MEMBERS OF CONGRESS.—If a court of com- ‘‘(xi) section 606 of title 18 (intimidation to ‘‘(C) the offense is punishable by imprison- petent jurisdiction makes a final determina- secure political contributions); ment for more than 1 year.’’. tion that a provision of this subsection vio- ‘‘(xii) section 607 of title 18 (place of solici- lates the 27th amendment of the United tation); GLENN (AND PELL) AMENDMENT States Constitution, the effective date and ‘‘(xiii) section 641 of title 18 (public money, NO. 4203 property or records); or application dates relating to Members of (Ordered to lie on the table.) Congress shall be January 3, 1997. ‘‘(xiv) section 1001 of title 18 (statements or entries generally). Mr. GLENN (for himself and Mr. PELL) submitted an amendment in- AMENDMENT NO. 4202 ‘‘(B) Perjury committed under the statutes of the United States in falsely denying the tended to be proposed by them to the At the end of subtitle F of title X, add the commission of an act which constitutes an following new section: bill, S. 1745, supra; as follows: offense within the purview of a statute At the end of subtitle F of title X, add the SEC. 1072. CONGRESSIONAL, PRESIDENTIAL, AND named by subparagraph (A). JUDICIAL PENSION FORFEITURE. following: ‘‘(C) Subornation of perjury committed in SEC. 1072. STRENGTHENING CERTAIN SANCTIONS (a) SHORT TITLE.—This section may be connection with the false denial of another cited as the ‘‘Congressional, Presidential, AGAINST NUCLEAR PROLIFERATION individual as specified by subparagraph ACTIVITIES. and Judicial Pension Forfeiture Act’’. (B).’’. (a) IN GENERAL.—Section 2(b)(4) of the Ex- (b) CONVICTION OF CERTAIN OFFENSES.— (c) ABSENCE FROM THE UNITED STATES TO port-Import Bank Act of 1945 (12 U.S.C. (1) IN GENERAL.—Section 8312(a) of title 5, AVOID PROSECUTION.— 635(b)(4)) is amended— United States Code, is amended— (1) IN GENERAL.—Section 8313 of title 5, (1) by inserting after ‘‘any country has (A) by striking ‘‘or’’ at the end of para- United States Code, is amended— willfully aided or abetted’’ the following: ‘‘, graph (1); (A) by redesignating subsection (b) as sub- or any person has knowingly aided or abet- (B) by striking the period at the end of section (c); and ted,’’; paragraph (2) and inserting ‘‘; or’’; (B) by inserting after subsection (a) the (2) by striking ‘‘or countries’’ and inserting (C) by adding after paragraph (2) the fol- following new subsection: ‘‘, countries, person, or persons’’; lowing new paragraph: ‘‘(b) An individual, or his survivor or bene- (3) by inserting after ‘‘United States ex- ‘‘(3) is convicted of an offense named by ficiary, may not be paid annuity or retired ports to such country’’ the following: ‘‘or, in subsection (d), to the extent provided by that pay on the basis of the service of the individ- the case of any such person, give approval to subsection.’’; ual which is creditable toward the annuity guarantee, insure, or extend credit, or par- (D) by striking ‘‘and’’ at the end of sub- or retired pay, subject to the exceptions in ticipate in the extension of credit in support paragraph (A); section 8311(2) and (3) of this title, if the indi- of, exports to or by any such person for a 12- (E) by striking the period at the end of vidual— month period,’’; subparagraph (B) and inserting ‘‘; and’’; and ‘‘(1) is under indictment, after the date of (4) by inserting ‘‘(A)’’ immediately after (F) by adding after subparagraph (B) the the enactment of the Congressional, Presi- ‘‘(4)’’; following new subparagraph: dential, and Judicial Pension Forfeiture Act, (5) by inserting after ‘‘United States ex- ‘‘(C) with respect to the offenses named by for an offense named by section 8312(d)(2) of ports to such country’’ the second place it subsection (d) of this section, to the period this title, but only if such offense satisfies appears the following ‘‘, except as provided after the date of the conviction.’’. section 8312(d)(1)(C) of this title; in subparagraph (b),’’; and S6888 CONGRESSIONAL RECORD — SENATE June 25, 1996 (6) by adding at the end the following: tional Military Museum Foundation for the (3) take whatever other actions the Board ‘‘(B) In the case of any country or person Preservation of Military Technology and determines appropriate in order to establish aiding or abetting a non-nuclear-weapon Materiel (in this section referred to as the the Foundation as a nonprofit corporation. state as described in subparagraph (A), the ‘‘Foundation’’). The Foundation is not an (e) OFFICERS AND EMPLOYEES.—(1) The prohibition on financing by the Bank con- agency or instrumentality of the United Foundation shall have an executive director tained in the second sentence of that sub- States. appointed by the Board and such other offi- paragraph shall not apply to the country or (b) PURPOSES.—The Foundation shall have cers as the Board may appoint. The execu- person, as the case may be, if the President the following purposes: tive director and the other officers of the determines and certifies in writing to the (1) To encourage and facilitate the preser- Foundation shall be compensated at rates Congress that— vation of military materiel having historical fixed by the Board and shall serve at the ‘‘(i) reliable information indicates that the or technological significance. pleasure of the Board. country or person with respect to which the (2) To promote innovative solutions to the (2) Subject to the approval of the Board, determination is made has ceased to aid or problems associated with the preservation of the Foundation may employ such individ- abet any non-nuclear-weapon state to ac- such military materiel. uals, and at such rates of compensation, as quire any nuclear explosive device or to ac- (3) To facilitate research on and edu- the executive director determines appro- quire unsafeguarded special nuclear mate- cational activities relating to military his- priate. (3) Subject to the approval of the Board, rial; and tory. the Foundation may accept the services of ‘‘(ii) the President has received reliable as- (4) To promote voluntary partnerships be- volunteers in the performance of the func- surances from the country or person that tween the Federal Government and the pri- tions of the Foundation. such country or person will not, in the fu- vate sector for the preservation of such mili- (4) A person who is a full-time or part-time ture, aid or abet any non-nuclear-weapon tary materiel and of military history. employee of the Federal Government may state in its efforts to acquire any nuclear ex- (5) To facilitate the display of such mili- not serve as a full-time or part-time em- plosive device or any unsafeguarded special tary materiel for the education and benefit ployee of the Foundation and shall not be nuclear material. of the public. considered for any purpose an employee of ‘‘(C) For purposes of subparagraphs (A) and (6) To develop publications and other inter- the Federal Government. (B)— pretive materials pertinent to the historical (f) POWERS AND RESPONSIBILITIES.—In order ‘‘(i) the term ‘country’ has the meaning collections of the Armed Forces that will to carry out the purposes of this section, the given to ‘foreign state’ in section 1603(a) of supplement similar publications and mate- Foundation is authorized to— title 28, United States Code; rials available from public, private, and cor- (1) accept, hold, administer, invest, and ‘‘(ii) the term ‘knowingly’ is used within porate sources. spend any gift, devise, or bequest of real or the meaning of the term ‘knowing’ in section (7) To provide financial support for edu- personal property made to the Foundation; 104 of the Foreign Corrupt Practices Act; and cational, interpretive, and conservation pro- (2) enter into contracts with individuals, ‘‘(iii) the term ‘person’ means a natural grams of the Armed Forces relating to such public or private organizations, professional person as well as a corporation, business as- military materiel. societies, and government agencies for the sociation, partnership, society, trust, any (8) To broaden public understanding of the purpose of carrying out the functions of the other nongovernmental entity, organization, role of the military in United States history. Foundation; and or group, and any governmental entity oper- (c) BOARD OF DIRECTORS.—(1) The Founda- (3) enter into such other contracts, leases, ating as a business enterprise, and any suc- tion shall have a Board of Directors (in this cooperative agreements, and other trans- cessor of any such entity.’’. section referred to as the ‘‘Board’’) composed actions at the executive director of the (b) EFFECTIVE DATE.—(1) The amendments of nine individuals appointed by the Sec- Foundation considers appropriate to carry made by paragraphs (1) through (5) of sub- retary of Defense from among individuals out the activities of the Foundation. section (a) shall apply to persons, and the who are United States citizens. (g) AUDITS.—(1) The first section of the Act amendment made by subsection (a)(6), shall (2) Of the individuals appointed under para- entitled ‘‘An Act to provide for the audit of apply to countries and persons, aiding or graph (1)— accounts of private corporations established abetting non-nuclear weapon states on or (A) at least one shall have an expertise in under Federal law,’’ approved August 30, 1964 after June 29, 1994. historic preservation; (36 U.S.C. 1101), is amended by adding at the (2) Nothing in this section or the amend- (B) at least one shall have an expertise in end the following: ments made by this section shall apply to military history; ‘‘(78) The National Military Museum Foun- obligations undertaken pursuant to guaran- (C) at least one shall have an expertise in dation for the Preservation of Military Tech- tees, insurance, and the extension of credits the administration of museums; and nology and Materiel.’’. (and participation in the extension of cred- (D) at least one shall have an expertise in (2) The amendment made by paragraph (1) its) made before the date of enactment of military technology and materiel. shall take effect on the date that the chair- this Act. (3)(A) The Secretary shall designate one of person of the Board notifies the Secretary of the individuals first appointed to the Board Defense of the incorporation of the Founda- HARKIN AMENDMENT NO. 4204 under paragraph (1) as the chairperson of the tion under this section. Board. The individual so designated shall (h) REPORTS.—As soon as practicable after (Ordered to lie on the table.) serve as chairperson for a term of 2 years. the end of each fiscal year of the Founda- Mr. HARKIN submitted an amend- (B) Upon the expiration of the term of tion, the Board shall submit to Congress and ment intended to be proposed by him chairperson of the individual designated as to the Secretary of Defense a report on the to the bill, S. 1745, supra; as follows: chairperson under subparagraph (A), or of activities of the Foundation during the pre- ceding fiscal year, including a full and com- In section 305(a), strike out ‘‘may be made the term of a chairperson elected under this plete statement of the receipts, expendi- available to’’ and insert in lieu thereof subparagraph, the members of the Board tures, investment activities, and other finan- ‘‘shall be made available to’’. shall elect a chairperson of the Board from cial activities of the Foundation during such In section 305(b), strike out ‘‘search and among its members. fiscal year. rescue missions’’ and insert in lieu thereof (4)(A) Subject to subparagraph (B), mem- (i) INITIAL SUPPORT.—(1) In addition to any bers appointed to the Board shall serve on ‘‘associated with Civil Air Patrol Emergency other amounts authorized to be appropriated Services operations, including search and the Board for a term of 4 years. (B) If a member of the Board misses three by this Act, there is authorized to be appro- rescue missions, disaster relief missions, and priated for the Department of Defense consecutive meetings of the Board, the other missions.’’. $1,000,000 for the purpose of making a grant Board may remove the member from the to the Foundation in order to assist the Board for that reason. Foundation in defraying the costs of its ac- SARBANES AMENDMENTS NOS. (C) Any vacancy in the Board shall not af- tivities. Such amount shall be available for 4205–4206 fect its powers but shall be filled, not later such purpose until September 30, 1998. (Ordered to lie on the table.) than 60 days after the vacancy, in the same (2) For each of fiscal years 1997 through Mr. SARBANES submitted two manner in which the original appointment 1999, the Secretary of Defense may provide, amendments intended to be proposed was made. without reimbursement, personnel, facili- (5) A majority of the members of the Board by him to the bill, S. 1745, supra; as fol- ties, and other administrative services of the shall constitute a quorum. Department to the Foundation. lows: (6) The Board shall meet at the call of the AMENDMENT NO. 4205 chairperson of the Board. The Board shall AMENDMENT NO. 4206 At the end of subtitle F of title X, add the meet at least once a year. At the end of title XXI, add the following: following: (d) ORGANIZATIONAL MATTERS.—The mem- bers of the Board first appointed under sub- SEC. 2105. PLAN FOR REPAIRS AND STABILIZA- SEC. 1072. NATIONAL MILITARY MUSEUM FOUN- TION OF THE HISTORIC DISTRICT AT DATION FOR THE PRESERVATION OF section (c)(1) shall— THE FOREST GLEN ANNEX OF WAL- MILITARY TECHNOLOGY AND MATE- (1) adopt a constitution and bylaws for the TER REED MEDICAL CENTER, MARY- RIEL. Foundation; LAND. (a) ESTABLISHMENT.—There is established a (2) serve as incorporators of the Founda- Not later than 30 days after the date of the nonprofit corporation to be known as the Na- tion; and enactment of this Act, the Secretary of the June 25, 1996 CONGRESSIONAL RECORD — SENATE S6889 Army shall submit to the congressional de- (1) President Clinton has repeatedly voiced SEC. 402. REPEAL OF PERMANENT END fense committees a comprehensive plan for the need for increased protection and STRENGTHS. basic repairs and stabilization measures strengthening of moral values among our (a) REPEAL.—Section 691 of title 10, United throughout the historic district at the For- children, including using school uniforms, States Code, is repealed. est Glen Annex of Walter Reed Army Medical curfews, and educational television; (b) CLERICAL AMENDMENT.—The table of Center, Maryland, together with a re- (2) pornography and smut of the most inde- sections at the beginning of chapter 39 of programming request for funds necessary to cent and offensive nature is proliferating on such title is amended by striking out the implement the plan. the Internet and thereby spreading around item relating to section 691. the electronic world, including sites often visited by children; FEINGOLD AMENDMENTS NOS. SIMON AMENDMENTS NOS. 4207–4208 (3) increasing numbers of electronic por- 4212–4213 (Ordered to lie on the table.) nographers are participating in the trans- Mr. SIMON submitted two amend- mission of pornography and other indecent (Ordered to lie on the table.) material that is easily accessible to children; ments intended to be proposed by him Mr. FEINGOLD submitted two (4) pornographers are now targeting chil- amendments intended to be proposed to the bill, S. 1745, supra; as follows: dren as potential customers; (5) Congress enacted the Communications by him to the bill, S. 1745, supra; as fol- AMENDMENT NO. 4207 Decency Act of 1996 (referred to in this reso- lows: At the end of subtitle D of title II, add the lution as ‘‘the Act’’) to protect our youngest AMENDMENT NO. 4212 following: and most vulnerable generation from the At the end of subtitle B of title II, adds the SEC. 243. DESALTING TECHNOLOGIES. morally corrupting influence of depravity on following: (a) FINDINGS.—Congress makes the follow- computer networks by, among other meas- SEC. 223. COST-BENEFIT ANALYSIS OF F/A–18E/F ing findings: ures, prohibiting the knowing transmission AIRCRAFT PROGRAM. (1) Access to scarce fresh water is likely to of indecent material to recipients known to (a) REPORT ON PROGRAM.—Not later than be a cause of future military conflicts in the be minors; March 30, 1997, the Secretary of Defense shall Middle East and has a direct impact on sta- (6) Congress specifically described indecent submit to the congressional defense commit- bility and security in the region. communications in the Act by using lan- tees a report on the F/A–18E/F aircraft pro- (2) The Middle East is an area of vital and guage upheld by the Supreme Court in FCC gram. strategic importance to the United States. v. Pacifica Foundation, 438 U.S. 726 (1978); (b) CONTENT OF REPORT.—The report shall (7) on February 8, 1996, when the Act was (3) The United States has played a military contain the following: role in the Middle East, most recently in the signed into law, the American Civil Liberties (1) A review of the F/A–18E/F aircraft pro- Persian Gulf War, and may likely be called Union and others filed suit in the United gram. upon again to deter aggression in the region. States District Court for the Eastern Dis- (2) An analysis and estimate of the produc- (4) United States troops have used trict of Pennsylvania, seeking a preliminary tion costs of the program for the total num- injunction against enforcement of the Act on desalting technologies to guarantee the ber of aircraft realistically expected to be the specious and erroneous grounds that the availability of fresh water in past deploy- procured at each of three annual production Act violates the first and fifth amendments ments in the Middle East. rates as follows: to the Constitution; (5) Adequate, efficient, and cheap access to (A) 18 aircraft. (8) on June 11, 1996, the District Court high-quality fresh water will be vital to (B) 24 aircraft. granted such injunction based on the unwor- maintaining the readiness and sustainability (C) 36 aircraft. thy pretext, by the American Civil Liberties (3) A comparison of the costs and benefits of United States troops, and those of our al- Union and others, contrary to applicable Su- lies. of the program with the costs and benefits of preme Court precedents, that the Act is ‘‘un- the F/A–18C/D aircraft program taking into (b) SENSE OF SENATE.—It is the sense of the constitutional on its face’’; Senate that, as improved access to fresh account the operational combat effective- (9) section 561(b) of the Act provides for di- ness of the aircraft. water will be an important factor in helping rect appeal to the Supreme Court, as a mat- (c) LIMITATION ON USE OF FUNDS PENDING prevent future conflicts in the Middle East, ter of right, should any part of the Act be the United States should, in cooperation TRANSMITTAL OF REPORT.—No funds author- held unconstitutional by a District Court; ized to be appropriated by this Act may be with its allies, promote and invest in tech- (10) the Department of Justice has hesi- obligated or expended for the procurement of nologies to reduce the costs of converting sa- tated to appeal the District Court’s injunc- F/A–18E/F aircraft before the date that is 90 line water into fresh water. tion; (c) FUNDING FOR RESEARCH AND DEVELOP- (10) the Clinton Administration’s 1993 fail- days after the date on which the congres- MENT.—Of the amounts authorized to be ap- ure to defend aggressively Federal child por- sional defense committees receive the report propriated by this title, the Secretary shall nography statutes in the case of United required under subsection (a). place greater emphasis on making funds States v. Knox, 32 F.3d 733 (3rd Cir. 1994) available for research and development into compelled the Senate to resolve that the Ad- AMENDMENT NO. 4213 efficient and economical processes and meth- ministration defend the statute, which calls Strike out section 902 and insert in lieu ods for converting saline water into fresh into question the Administration’s resolve in thereof the following: water. this case; and SEC. 902. TERMINATION OF THE UNIFORMED (11) the Senate finds it imperative that the SERVICES UNIVERSITY OF THE HEALTH SCIENCES. AMENDMENT NO. 4208 Department of Justice vigorously defend the Act before the Supreme Court. (a) TERNMINATION.—(1) The Uniformed At the end of subtitle C of title II, add the (b) SENSE OF THE SENATE.—It is the sense Services University of the Health Sciences is following: of the Senate that the Department of Justice terminated. SEC. 237. TEMPORARY PROHIBITION ON USE OF should appeal directly to the Supreme Court (2)(A) Chapter 104 of title 10, United States CERTAIN FUNDS FOR RESEARCH the order of the District Court in ACLU v. Code, is repealed. AND DEVELOPMENT RELATING TO Reno, No. 96–963 (E.D. Pa. June 11, 1996). (B) The table of chapters at the beginning NATIONAL MISSILE DEFENSE. of subtitle A of such title, and at the begin- Of the funds authorized to be appropriated ning of part III of such subtitle, are each by section 201(4) for the Ballistic Missile De- BINGAMAN AMENDMENTS NOS. amended by striking out the item relating to fense Organization for the purpose of re- 4210–4211 chapter 104. search and development relating to national (Ordered to lie on the table.) (b) EFFECTIVE DATE.—The termination re- missile defense systems, $300,000,000 may not Mr. BINGAMAN submitted two ferred to in subsection (a), and the amend- be obligated or expended for such research amendments intended to be proposed ments made by such subsection, shall take and development until the later of— by him to the bill, S. 1745, supra; as fol- effect on the date of the graduation from the (1) the date of the enactment of an Act en- lows: Uniformed Services University of the Health titled ‘‘Defend America Act’’; or Sciences of the last class of students that en- AMENDMENT NO. 4210 (2) the date of the enactment of this Act. rolled in such university on or before the On page 398, after line 23, insert the follow- date of the enactment of this Act. HELMS AMENDMENT NO. 4209 ing: SEC. 2828. RENOVATION OF THE PENTAGON RES- (Ordered to lie on the table.) ERVATION. BINGAMAN AMENDMENT NO. 4214 Mr. HELMS submitted an amend- The Secretary of Defense shall take such (Ordered to lie on the table.) ment intended to be proposed by him action as is necessary to reduce the total Mr. BINGAMAN submitted an to the bill, S. 1745, supra; as follows: cost of the renovation of the Pentagon Res- amendment intended to be proposed by ervation to not more than $1,118,000,000. At the appropriate place, add the follow- him to the bill, S. 1745, supra; as fol- ing: AMENDMENT NO. 4211 lows: SEC. . SENSE OF THE SENATE. Strike out section 402 and insert in lieu In section 402, strike out ‘‘5’’ in the last (a) FINDINGS.—The Senate finds that— thereof the following: line and insert in lieu thereof ‘‘100’’. S6890 CONGRESSIONAL RECORD — SENATE June 25, 1996 LAUTENBERG AMENDMENT (B) file a map and the legal description of property, or any portion thereof, is no longer NO. 4215 the property with the Committee on Energy to be retained by the Army for possible use and Natural Resources, the Committee on for military purposes, jurisdiction over the (Ordered to lie on the table.) Agriculture, Nutrition, and Forestry, and property, or such portion thereof, shall re- Mr. LAUTENBERG submitted an the Committee on Armed Services of the vert to the Secretary of Agriculture who amendment intended to be proposed by Senate and the Committee on Resources, the shall manage the property, or portion there- him to the bill, S. 1745, supra; as fol- Committee on Agriculture, and the Commit- of, as part of the Kisatchie National Forest. lows: tee on National Security of the House of Representatives. Beginning on page 90, strike line 1 and all MOSELEY-BRAUN AMENDMENT that follows through page 91, line 17. (2) The maps and legal descriptions pre- pared under paragraph (1) shall have the NO. 4217 JOHNSTON (AND BREAUX) same force and effect as if included in this (Ordered to lie on the table.) subsection, except that the Secretary of Ag- Ms. MOSELEY-BRAUN submitted an AMENDMENT NO. 4216 riculture may correct clerical and typo- (Ordered to lie on the table.) graphical errors in the maps and legal de- amendment intended to be proposed by Mr. JOHNSTON (for himself and Mr. scriptions. her to the bill, S. 1745, supra; as fol- BREAUX) submitted an amendment in- (3) As soon as practicable after the date of lows: tended to be proposed by them to the the enactment of this Act, copies of the At the end of subtitle D of title VI, add the bill, S. 1745, supra; as follows: maps and legal descriptions prepared under following: paragraph (1) shall be available for public in- At the end of subtitle C of title XXVIII, SEC. 636. PREVENTION OF CIRCUMVENTION OF spection in the following offices: add the following: COURT ORDER BY WAIVER OF RE- (A) The Office of the Secretary of Agri- TIRED PAY TO ENHANCE CIVIL SEC. 2828. LAND TRANSFER, VERNON RANGER culture. SERVICE RETIREMENT ANNUITY. DISTRICT, KISATCHIE NATIONAL (B) Such offices of the United States For- FOREST, LOUISIANA. (a) CIVIL SERVICE RETIREMENT AND DISABIL- est Service as the Secretary of Agriculture (a) TRANSFER PURSUANT TO ADMINISTRA- ITY SYSTEM.— shall designate. TIVE AGREEMENT.—(1) Not later than six (1) IN GENERAL.—Subsection (c) of section (C) The Office of the Commander of Fort months after the date of the enactment of 8332 of title 5, United States Code, is amend- this Act, the Secretary of the Army and the Polk, Louisiana. ed by adding at the end the following: (D) The appropriate office in the Vernon Secretary of Agriculture shall enter into an ‘‘(4) If an employee or Member waives re- Parish Court House, Louisiana. agreement providing for the transfer to the tired pay that is subject to a court order for (f) MANAGEMENT OF PROPERTY.—(1) If the Secretary of the Army of administrative ju- which there has been effective service on the transfer of property under this section oc- risdiction over such portion of land cur- Secretary concerned for purposes of section curs under subsection (a), the Secretary of rently owned by the United States within 1408 of title 10, the military service on which the Army and the Secretary of Agriculture the Vernon Ranger District of the Kisatchie the retired pay is based may be credited as shall manage the property in accordance National Forest, Louisiana, as the Secretary service for purposes of this subchapter only with the agreement entered into under that of the Army and the Secretary of Agri- if, in accordance with regulations prescribed culture jointly determine appropriate for subsection. by the Director of the Office of Personnel (2)(A) If the transfer of property under this military training activities in connection Management, the employee or Member au- section occurs under subsection (b), the Sec- with Fort Polk, Louisiana. The agreement thorizes the Director to deduct and withhold retary of the Army and the Secretary of Ag- shall allocate responsibility for land man- from the annuity payable to the employee or agement and conservation activities with re- riculture shall manage the property in ac- Member under this subchapter, and to pay to spect to the property transferred between cordance with the management plan under the former spouse covered by the court the Secretary of the Army and the Secretary subparagraph (B) and the memorandum of order, the same amount that would have of Agriculture. understanding under subparagraph (C). been deducted and withheld from the em- (2) The Secretary of the Army and the Sec- (B)(i) For purposes of managing the prop- ployee’s or Member’s retired pay and paid to retary of Agriculture may jointly extend the erty under this paragraph, the Secretary of that former spouse under such section 1408.’’. the Army shall, with the concurrence of the deadline for entering into an agreement (2) CONFORMING AMENDMENT.—Paragraph under paragraph (1). The deadline may be ex- Secretary of Agriculture, develop a plan for (1) of such subsection is amended by striking tended by not more than six months. the management of the property not later ‘‘Except as provided in paragraph (2)’’ and in- (b) ALTERNATIVE TRANSFER REQUIRE- than two years after the transfer of the prop- serting ‘‘Except as provided in paragraphs (2) MENT.—If the Secretary of the Army and the erty. The Secretary of the Army shall pro- and (4)’’. vide for a period of public comment in devel- Secretary of Agriculture fail to enter into (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- oping the plan in order to ensure that the the agreement referred to in paragraph (1) of TEM.— concerns of local citizens are taken into ac- subsection (a) within the time provided for (1) IN GENERAL.—Subsection (c) of section in that subsection, the Secretary of Agri- count in the development of the plan. The 8411 of title 5, United States Code, is amend- culture shall, at the end of such time, trans- Secretary of the Army may utilize the prop- ed by adding at the end the following: fer to the Secretary of the Army administra- erty pending the completion of the plan. ‘‘(5) If an employee or Member waives re- tive jurisdiction over property consisting of (ii) The Secretary of the Army shall de- tired pay that is subject to a court order for approximately 84,825 acres of land currently velop and implement the plan in compliance which there has been effective service on the owned by the United States and located in with applicable Federal law, including the Secretary concerned for purposes of section the Vernon Ranger District of the Kisatchie provisions of the National Environmental 1408 of title 10, the military service on which National Forest, Louisiana, as generally de- Policy Act of 1969 (42 U.S.C. 4321 et seq.). the retired pay is based may be credited as (iii) The plan shall provide for the manage- picted on the map entitled ‘‘Fort Polk Mili- service for purposes of this chapter only if, ment of the natural, cultural, and other re- tary Installation map’’, dated June 1995. in accordance with regulations prescribed by sources of the property, including grazing, (c) LIMITATION OF ACQUISITION OF PRIVATE the Director of the Office of Personnel Man- the management of wildlife and wildlife PROPERTY.—The Secretary of the Army may agement, the employee or Member author- habitat, recreational uses (including hunting acquire privately-owned land within the izes the Director to deduct and withhold and fishing), and non-public uses of non-Fed- property transferred under this section only from the annuity payable to the employee or eral lands within the property. with the consent of the owner of the land. Member under this subchapter, and to pay to (C)(i) For purposes of managing the prop- (d) USE OF PROPERTY.—(1) Subject to para- the former spouse covered by the court erty under this paragraph, the Secretary of graph (2), the Secretary of the Army shall order, the same amount that would have the Army and the Secretary of Agriculture use the property transferred under this sec- been deducted and withheld from the em- shall enter into a memorandum of under- tion for military maneuvers, training and ployee’s or Member’s retired pay and paid to standing in order to provide for— weapons firing, and other military activities that former spouse under such section 1408.’’. in connection with Fort Polk, Louisiana. (I) the implementation of the management (2) CONFORMING AMENDMENT.—Paragraph (2) The Secretary may not permit the fir- plan developed under subparagraph (B); and (1) of such subsection is amended by striking ing of live ammunition on or over any por- (II) the management by the Secretary of ‘‘Except as provided in paragraph (2) or (3)’’ tion of the property unless the firing of such Agriculture of such areas of the property as and inserting ‘‘Except as provided in para- ammunition on or over such portion is per- the Secretary of the Army and the Secretary graphs (2), (3), and (5)’’. mitted as of the date of the enactment of of Agriculture designate for use for non-mili- (c) EFFECTIVE DATE.—The amendments this Act. tary purposes. made by subsections (a) and (b) shall take ef- (e) MAP AND LEGAL DESCRIPTION.—(1) As (ii) The Secretary of the Army and the soon as practicable after the date of the Secretary of Agriculture may amend the fect on January 1, 1997. transfer of property under this section, the memorandum of understanding by mutual Secretary of Agriculture shall— agreement. LAUTENBERG (AND OTHERS) (A) publish in the Federal Register a notice (g) REVERSION.—If at any time after the AMENDMENT NO. 4218 containing the legal description of the prop- transfer of property under this section the erty transferred; and Secretary of the Army determines that the (Ordered to lie on the table.) June 25, 1996 CONGRESSIONAL RECORD — SENATE S6891 Mr. LAUTENBERG (for himself, Mr. (E) The Secretary shall not proceed with Subtitle E—Reserve Components SIMON, Mrs. FEINSTEIN, and Mr. BUMP- the implementation of any aspect of any SEC. 141. RESERVE COMPONENT EQUIPMENT. ERS) submitted an amendment in- pilot program until the Congressional Com- (a) APPLICABILITY OF MODERNIZATION PRI- tended to be proposed by them to the mittees of jurisdiction review and evaluate ORITIES.—The selection of equipment to be the GAO reports. bill, S. 1745, supra; as follows: procured for a reserve component with funds authorized to be appropriated under section At the end of title X, add the following; AMENDMENT NO. 4220 105 shall be made in accordance with the SUBTITLE G—CIVILIAN MARKSMANSHIP In section 2601(a)(1)(A), strike out highest priorities established for the mod- SEC. 1081. SHORT TITLE. ‘‘$79,628,000’’ and insert in lieu thereof ernization of that reserve component. This subtitle may be cited as the ‘‘Self Fi- ‘‘$92,899,000’’. (b) REPORTS.—(1) Not later than December nancing Civilian Marksmanship Program 1, 1996, each officer referred to in paragraph Act of 1996’’. STEVENS AMENDMENTS NOS. 4221– (2) shall submit to the congressional defense SEC. 1082. PRIVATE SHOOTING COMPETITIONS 4222 committees an assessment of the moderniza- AND FIREARM SAFETY PROGRAMS. tion priorities established for the reserve Nothing in this subtitle prohibits any pri- (Ordered to lie on the table.) component or reserve components for which vate person from establishing a privately fi- Mr. STEVENS submitted two amend- that officer is responsible. nanced program to support shooting com- ments intended to be proposed by him (2) The officers required to submit a report petitions or firearms safety programs. to the bill, S. 1745, supra; as follows: under paragraph (1) are as follows: (A) The Chief of the National Guard Bu- SEC. 1083. REPEAL OF CHARTER LAW FOR THE AMENDMENT NO. 4221 reau. CORPORATION FOR THE PRO- In the table in section 2401(a), strike out MOTION OF RIFLE PRACTICE AND (B) The Chief of Army Reserve. SAFETY. ‘‘$18,000,000’’ in the amount column in the (C) The Chief of Air Force Reserve. (a) REPEAL OF CHARTER.—The Corporation item relating to Elmendorf Air Force Base, (D) The Director of Naval Reserve. for the Promotion of Rifle Practice and Fire- Alaska, and insert in lieu thereof (E) The Commanding General, Marine arms Safety Act (title XVI of Public Law ‘‘$21,000,000’’. Forces Reserve. 104–106; 110 Stat. 515; 36 U.S.C. 5501 et seq.), Strike out the amount set forth as the except for section 1624 of such Act (110 Stat. total amount at the end of the table in sec- AMENDMENT NO. 4224 522), is repealed. tion 2401(a) and insert in lieu thereof At the end of subtitle F of title X add the ‘‘$530,590,000’’. (b) RELATED REPEALS.—Section 1624 of following: such Act (110 Stat. 522) is amended— In section 2406(a), in the matter preceding paragraph (1), strike out ‘‘$3,421,366,000’’ and SEC. 1072. OPERATIONAL SUPPORT AIRLIFT AIR- (1) in paragraphs (1) and (2) of subsection CRAFT. insert in lieu thereof ‘‘$3,424,366,000’’. (a), by striking out ‘‘and 4311’’ and inserting (a) STATUS OF EXCESS AIRCRAFT.—Oper- In section 2406(a)(1), strike out in lieu thereof ‘‘4311, 4312, and 4313’’; ational support airlift aircraft excess to the ‘‘$364,487,000’’ and insert in lieu thereof (2) by striking out subsection (b); and requirements of the Department of Defense ‘‘$367,487,000’’. (3) in subsection (c), by striking out ‘‘on shall be placed in an inactive status and the earlier of—’’ and all that follows and in- stored at Davis-Monthan Air Force Base, Ar- AMENDMENT NO. 4222 serting in lieu thereof ‘‘on October 1, 1996.’’. izona, pending the completion of any study At the end of title subtitle F of title X, add or analysis of the costs and benefits of dis- BURNS AMENDMENTS NOS. 4219– the following: posing of or operating such aircraft that pre- 4220 SEC. 1072. FACILITY FOR MILITARY DEPENDENT cedes a decision to dispose of or continue to CHILDREN WITH DISABILITIES, operate such aircraft. LACKLAND AIR FORCE BASE, TEXAS. (Ordered to lie on the table.) (b) OPERATIONAL SUPPORT AIRLIFT AIR- UNDING Mr. BURNS submitted two amend- (a) F .—Of the amounts authorized CRAFT DEFINED.—In this section, the term ments intended to be proposed by him to be appropriated by this Act for the De- ‘‘operational support airlift aircraft’’ has the to the bill, S. 1745, supra; as follows: partment of the Air Force, $2,000,000 shall be meaning given such term in section 1086(f) of available for the construction at Lackland AMENDMENT NO. 4219 the National Defense Authorization Act for Air Force Base, Texas, of a facility (and sup- Fiscal Year 1996 (Public Law 104–106; 110 At the end of subtitle E of title III add the porting infrastructure) to provide com- Stat. 458). following: prehensive care and rehabilitation services SEC. 368. MILITARY TRAFFIC MANAGEMENT COM- to children with disabilities who are depend- AMENDMENT NO. 4225 MAND’S REENGINEERING PERSON- ents of members of the Armed Forces at the In section 103(1), strike out ‘‘$7,003,528,000’’ NEL PROPERTY PILOT PROGRAM base. and insert in lieu thereof ‘‘$6,958,028,000’’. INITIATIVE. (b) TRANSFER OF FUNDS.—Subject to sub- At the end of subtitle D of title I, add the (A) The Secretary of Defense will establish section (c), the Secretary of the Air Force following: a military/industry working group to de- shall grant the funds available under sub- velop, within 60 days of enactment of this section (a) to the Children’s Association for SEC. 132. F–16 AIRCRAFT PROGRAM. bill, an alternative pilot program to reengi- Maximum Potential (CAMP) for use by the None of the funds authorized to be appro- neer household goods moves. association to defray the costs of designing priated under section 103(1) may be obligated (B) This working group shall be chaired by and constructing the facility referred to in or expended for more than six new produc- the Department of Defense and shall include subsection (a). tion F–16 aircraft. equal representation of both military and in- (c) LEASE OF FACILITY.—(1) The Secretary dustry not to exceed a combined total of 12 may not make a grant of funds under sub- AMENDMENT NO. 4226 individuals. Industry representation within section (b) until the Secretary and the asso- In section 103(1), strike out ‘‘$7,003,528,000’’ the working group shall be as follows: ciation enter into an agreement under which and insert in lieu thereof ‘‘$6,896,128,000’’. (i) Small business shall comprise a per- the Secretary leases to the association the At the end of subtitle D of title I, add the centage consistent with their participation facility to be constructed using the funds. following: within the industry; (2)(A) The term of the lease under para- SEC. 132. F–16 AIRCRAFT PROGRAM. (ii) There shall be at least one representa- graph (1) may not be less than 25 years. None of the funds authorized to be appro- tive from each of the following industry (B) As consideration for the lease of the fa- priated under section 103(1) may be obligated groups: the American Movers Conference, cility, the association shall assume respon- or expended for more than four new produc- the Household Goods Forwarders Association sibility for the operation and maintenance of tion F–16 aircraft. of America, the National Moving and Stor- the facility, including the costs of such oper- age Association, and the Independent Movers ation and maintenance. AMENDMENT NO. 4227 Conference. (3) The Secretary may require such addi- (C) The General Accounting Office shall In section 101(1), strike out ‘‘$1,508,515,000’’ tional terms and conditions in connection and insert in lieu thereof ‘‘$1,388,515,000’’. conduct an independent analysis of this pilot with the lease as the Secretary considers ap- program as well as the pilot program cur- At the end of subtitle B of title I, add the propriate to protect the interests of the following: rently being proposed by DoD. United States. (D) GAO shall report back to the appro- SEC. 113. CONVERSION OF OH–58A/C HELI- priate committees within 90 days of enact- COPTERS. ment of this bill on the impact of the follow- LEVIN AMENDMENTS NOS. 4223–4231 None of the funds authorized to be appro- ing factors of both programs: (Ordered to lie on the table.) priated under section 101(1) may be obligated (i) quality of service to DoD; Mr. LEVIN submitted nine amend- or expended for conversion of OH–58A/C heli- copters to the OH–58D configuration. (ii) cost savings to the government; ments intended to be proposed by him (iii) effect on industry infrastructure; to the bill, S. 1745, supra; as follows: (iv) effect on small business; and, AMENDMENT NO. 4228 (v) adoption of commercial contracting AMENDMENT NO. 4223 In section 101(1), strike out ‘‘$1,508,515,000’’ practices. At the end of title I add the following: and insert in lieu thereof ‘‘$1,388,515,000’’. S6892 CONGRESSIONAL RECORD — SENATE June 25, 1996 In section 103(1), strike out ‘‘$7,003,528,000’’ KENNEDY (AND PELL) serting after the second sentence the follow- and insert in lieu thereof ‘‘$6,958,028,000’’. AMENDMENT NO. 4233 ing: ‘‘Leave under subsection (a)(3) may be At the end of subtitle B of title I, add the taken intermittently or on a reduced leave following: (Ordered to lie on the table.) schedule.’’. SEC. 113. CONVERSION OF OH–58A/C HELI- Mr. KENNEDY (for himself and Mr. (c) SUBSTITUTION OF PAID LEAVE.—Section COPTERS. PELL) submitted an amendment in- 102(d)(2)(A) of such Act (29 U.S.C. None of the funds authorized to be appro- tended to be proposed by them to the 2612(d)(2)(A)) is amended by inserting before priated under section 101(1) may be obligated bill, S. 1745, supra; as follows: the period the following: ‘‘, or for leave pro- or expended for conversion of OH–58A/C heli- vided under subsection (a)(3) for any part of At the end of subtitle A of title X add the the 24-hour period of such leave under such copters to the OH–58D configuration. following: At the end of subtitle D of title I, add the subsection’’. following: SEC. . TRANSFERS FOR PELL GRANT MERIT (d) NOTICE.—Section 102(e)(1) of such Act BONUS. (29 U.S.C. 2612(e)(1) is amended by adding at SEC. 132. F–16 AIRCRAFT PROGRAM. (a) EDUCATION PROGRAMS.—Of the total the end the following: ‘‘In any case in which None of the funds authorized to be appro- amount appropriated for the Department of an employee requests leave under subsection priated under section 103(1) may be obligated Defense for fiscal year 1997 pursuant to the (a)93), the employee shall provide the em- or expended for more than six new produc- authorizations of appropriations contained ployer with not less than 7 days’ notice, be- tion F–16 aircraft. in this Act, the Secretary of Defense shall fore the date the leave is to begin, of the em- transfer to the Secretary of Education ployee’s intention to take leave under such AMENDMENT NO. 4229 $250,000,000 to fund Pell grant merit bonus subsection.’’. Strike out section 233. awards under subpart 1 of part A of title IV (e) CERTIFICATION.—Section 103 of such Act of the Higher Education Act of 1965 (20 U.S.C. (29 U.S.C. 2613) is amended by adding at the AMENDMENT NO. 4230 1970a), relating to Federal Pell Grants, as end the following: Beginning with the section heading for sec- follows: ‘‘(f) CERTIFICATION FOR PARENTAL INVOLVE- tion 231, strike out all through section 232. (1) Every secondary school student who has MENT LEAVE.—An employer may require that graduated in the top 20% of his or her high a request for leave under section 102(a)(3) be AMENDMENT NO. 4231 school class, is enrolled full time in the first supported by a certification issued at such time and in such manner as the Secretary Beginning with the section heading for sec- year of an associate or baccalaureate degree may by regulation prescribe.’’. tion 231, strike out all through section 232, program that is 2 years or longer at an eligi- and insert in lieu thereof the following: ble institution, and is eligible to receive a SEC. 1302. PARENTAL INVOLVEMENT LEAVE FOR Pell grant, shall be entitled to a Pell Grant CIVIL SERVANTS. SEC. 231. DEMARCATION OF THEATER MISSILE Merit Bonus Award in addition to such stu- (a) LEAVE REQUIREMENT.—Section 6382(a) of DEFENSE SYSTEMS FROM ANTI-BAL- title 5, United States Code, is amended by LISTIC MISSILE SYSTEMS. dent’s Pell grant in an amount equal to the grant for which the student is otherwise eli- adding at the end the following: (a) REAFFIRMATION OF SENSE OF CONGRESS gible, up to the cost of attendance at the in- ‘‘(3)(A) Subject to section 6383(f), an em- CONCERNING COMPLIANCE POLICY.—Congress ployee shall be entitled to a total of 4 hours reaffirms the expression of the sense of Con- stitution at which the student is in attend- ance. of leave during any 30-day period, and a total gress concerning compliance policy that is of 24 hours of leave during any 12-month pe- set forth in subsection (b) of section 235 of riod, in addition to leave available under the National Defense Authorization Act for DODD AMENDMENT NO. 4234 paragraph (1), to participate in or attend an Fiscal Year 1996 (Public Law 104–106; 110 (Ordered to lie on the table.) activity that— Stat. 232). Mr. DODD submitted an amendment ‘‘(i) is sponsored by a school or community (b) EXTENSION OF PROHIBITION ON FUND- intended to be proposed by him to the organization; and ING.—Subsection (c) of section 235 of the Na- ‘‘(ii) relates to a program of the school or tional Defense Authorization Act for Fiscal bill, S. 1745, supra; as follows: organization that is attended by a son or Year 1996 (Public Law 104–106; 110 Stat. 232) is At the appropriate place, insert the follow- daughter of the employee. amended by inserting ‘‘or fiscal year 1997’’ ing: ‘‘(B) As used in this paragraph: after ‘‘fiscal year 1996’’. TITLE XIII—FAMILY AND MEDICAL ‘‘(i) The term ‘community organization’ LEAVE means a private nonprofit organization that is representative of a community or a sig- KENNEDY AMENDMENT NO. 4232 SEC. 1301. PARENTAL INVOLVEMENT LEAVE. nificant segment of a community and pro- (a) LEAVE REQUIREMENT.—Section 102(a) of (Ordered to lie on the table.) vides activities for individuals described in the Family and Medical Leave Act of 1993 (29 Mr. KENNEDY submitted an amend- subparagraph (A) or (B) of section 6381(6), U.S.C. 2612(a)) is amended by adding at the ment intended to be proposed by him such as a scouting or sports organization. end the following: to the bill, S. 1745, supra; as follows: ‘‘(ii) The term ‘school’ means an elemen- ‘‘(3) ENTITLEMENT TO PARENTAL INVOLVE- tary school or secondary school (as such At the end of subtitle A of title X add the MENT LEAVE.— terms are defined in section 14101 of the Ele- following: ‘‘(A) IN GENERAL.—Subject to section 103(f), mentary and Secondary Education Act of SEC. . TRANSFERS FOR EDUCATION TECH- an eligible employee shall be entitled to a 1965 (20 U.S.C. 8801)), a Head Start program NOLOGY PROGRAMS. total of 4 hours of leave during any 30-day assisted under the Head Start Act (42 U.S.C. (a) EDUCATION PROGRAMS.—Of the total period, and a total of 24 hours of leave during 9831 et seq.), and a child care facility li- amount appropriated for the Department of any 12-month period, in addition to leave censed under State law.’’. Defense for fiscal year 1997 pursuant to the available under paragraph (1), to participate (b) SCHEDULE.—Section 6382(b)(1) of such authorizations of appropriations contained in or attend an activity that— title is amended by inserting after the sec- in the Act, the Secretary of Defense shall ‘‘(i) is sponsored by a school or community ond sentence the following: ‘‘Leave under transfer to the Secretary of Education organization; and subsection (a)(3) may be taken intermit- $325,000,000, to carry out technology pro- ‘‘(ii) relates to a program of the school or tently or on a reduced leave schedule.’’. grams as follows: organization that is attended by a son or (c) SUBSTITUTION OF PAID LEAVE.—Section (1) $5,000,000, to carry out Section 3122 of daughter of the employee. 6382(d) of such title is amended by inserting subpart 1 of part A of title III of the Improv- ‘‘(B) DEFINITIONS.—As used in this para- before ‘‘, except’’ the following: ‘‘, or for ing America’s Schools Act of 1994 (20 U.S.C. graph: leave provided under subsection (a)(3) any of 6832), relating to Federal Leadership in Na- ‘‘(i) COMMUNITY ORGANIZATION.—The term the employee’s accrued or accumulated an- tional Programs for Technology in Edu- ‘community organization’ means a private nual leave under subchapter I for any part of cation; nonprofit organization that is representative the 24-hour period of such leave under such (2) $250,000,000, to carry out Section 3132 of of a community or a significant segment of subsection’’. subpart 2 of part A of title III of the Improv- a community and provides activities for in- (d) NOTICE.—Section 6382(e)(1) of such title ing America’s Schools Act of 1994 (20 U.S.C. dividuals described in subparagraph (A) or is amended by adding at the end the follow- 6842), relating to School Technology Re- (B) of section 101(12), such as a scouting or ing: ‘‘In any case in which an employee re- source Grants; sports organization. quests leave under subsection (a)(3), the em- (3) $60,000,000, to carry out Section 3136 of ‘‘(ii) SCHOOL.—The term ‘school’ means an ployee shall provide the employing agency subpart 2 of part A of title III of the Improv- elementary school or secondary school (as with not less than 7 days’ notice, before the ing America’s Schools Act of 1994 (20 U.S.C. such terms are defined in section 14101 of the date the leave is to begin, of the employee’s 6846), relating to National Challenge Grants Elementary and Secondary Education Act of intention to take leave under such sub- for Technology in Education; and 1965 (20 U.S.C. 8801)), a Head Start program section.’’. (4) $10,000,000, to carry out Section 3141 of assisted under the Head Start Act (42 U.S.C. (e) CERTIFICATION.—Section 6383 of such subpart 3 of part A of title III of the Improv- 9831 et seq.), and a child care facility li- title is amended by adding at the end the fol- ing America’s Schools Act of 1994 (20 U.S.C. censed under State law.’’. lowing: 6861), relating to Regional Technical Support (b) SCHEDULE.—Section 102(b)(1) of such ‘‘(f) An employing agency may require that and Professional Development. Act (29 U.S.C. 2612(b)(1)) is amended by in- a request for leave under section 6382(a)(3) be June 25, 1996 CONGRESSIONAL RECORD — SENATE S6893 supported by a certification issued at such (9) Deployment by the United States of a (A) Ground-based interceptors. time and in such manner as the Office of Per- national missile defense system will reduce (B) Sea-based interceptors. sonnel Management may by regulation pre- concerns about the threat of an accidental or (C) Space-based kinetic energy intercep- scribe.’’. unauthorized ballistic missile attack on the tors. United States. (D) Space-based directed energy systems. (10) The offense-only approach to strategic COHEN AMENDMENT NO. 4235 (2) Fixed ground-based radars. deterrence presently followed by the United (3) Space-based sensors, including the (Ordered to lie on the table.) States and Russia is fundamentally adver- Space and Missile Tracking System. Mr. COHEN submitted an amendment sarial and is not a suitable basis for stability (4) Battle management, command, control, intended to be proposed by him to the in a world in which the United States and and communications (BM/C3). bill, S. 1745, supra; as follows: the states of the former Soviet Union are SEC. 265. IMPLEMENTATION OF NATIONAL MIS- seeking to normalize relations and eliminate SILE DEFENSE SYSTEM. At the end of subtitle F of title X add the Cold War attitudes and arrangements. The Secretary of Defense shall— following: (11) Pursuing a transition to a form of stra- (1) upon the enactment of this Act, SEC. 1072. INFORMATION TECHNOLOGY MANAGE- tegic deterrence based increasingly on defen- promptly initiate required preparatory and MENT AMENDMENT. sive capabilities and strategies is in the in- planning actions that are necessary so as to (b)(2) The definition of ‘‘national security terest of all countries seeking to preserve be capable of meeting the initial operational system’’ shall not be construed to include and enhance strategic stability. capability (IOC) date specified in section any system which involves storage, process- (12) The deployment of a national missile 264(a); ing, or forwarding of classified information defense system capable of defending the (2) plan to conduct by the end of 1998 an in- and is protected at all times by procedures United States against limited ballistic mis- tegrated systems test which uses elements established for the handling of classified in- sile attacks would (A) strengthen deterrence (including BM/C3 elements) that are rep- formation except to the extent that such at the levels of forces agreed to by the Unit- resentative of, and traceable to, the national system is covered by paragraphs (1) through ed States and Russia under the START I missile defense system architecture specified (5) of subsection (a). Treaty, and (B) further strengthen deter- in section 264(b); rence if reductions below START I levels are (3) prescribe and use streamlined acquisi- KYL AMENDMENT NO. 4236 implemented in the future. tion policies and procedures to reduce the (13) Article XIII of the ABM Treaty envi- cost and increase the efficiency of developing (Ordered to lie on the table.) sions ‘‘possible changes in the strategic situ- the system specified in section 264(a); and Mr. KYL submitted an amendment ation which have a bearing on the provisions (4) develop an affordable national missile intended to be proposed by him to the of this treaty’’. defense follow-on program that— bill, S. 1745, supra; as follows: (14) Articles XIII and XIV of the treaty es- (A) leverages off of the national missile de- tablish means for the parties to amend the fense system specified in section 264(a), and On page ll, between lines ll and ll, treaty, and the parties have in the past used (B) augments that system, as the threat insert the following: those means to amend the treaty. changes, to provide for a layered defense. ll Subtitle —National Missile Defense (15) Article XV of the treaty establishes SEC. 266. REPORT ON PLAN FOR NATIONAL MIS- SEC. 261. SHORT TITLE. the means for a party to withdraw from the SILE DEFENSE SYSTEM DEVELOP- This subtitle may be cited as the ‘‘Defend treaty, upon six months notice ‘‘if it decides MENT AND DEPLOYMENT. America Act of 1996’’. that extraordinary events related to the sub- Not later than March 15, 1997, the Sec- retary of Defense shall submit to Congress a SEC. 262. FINDINGS. ject matter of this treaty have jeopardized its supreme interests’’. report on the Secretary’s plan for develop- Congress makes the following findings: ment and deployment of a national missile (1) Although the United States possesses (16) Previous discussions between the Unit- ed States and Russia, based on Russian defense system pursuant to this subtitle. The the technological means to develop and de- report shall include the following matters: ploy defensive systems that would be highly President Yeltsin’s proposal for a Global Protection System, envisioned an agreement (1) The Secretary’s plan for carrying out effective in countering limited ballistic mis- this subtitle, including— sile threats to its territory, the United to amend the ABM Treaty to allow (among other measures) deployment of as many as (A) a detailed description of the system ar- States has not deployed such systems and chitecture selected for development under currently has no policy to do so. four ground-based interceptor sites in addi- tion to the one site permitted under the section 264(b); and (2) The threat that is posed to the national (B) a discussion of the justification for the security of the United States by the pro- ABM Treaty and unrestricted exploitation of sensors based within the atmosphere and in selection of that particular architecture. liferation of ballistic missiles is significant (2) The Secretary’s estimate of the amount and growing, both quantitatively and quali- space. SEC. 263. NATIONAL MISSILE DEFENSE POLICY. of appropriations required for research, de- tatively. velopment, test, evaluation, and for procure- (3) The trend in ballistic missile prolifera- (a) It is the policy of the United States to deploy by the end of 2003 a National Missile ment, for each of fiscal years 1997 through tion is toward longer range and increasingly 2003 in order to achieve the initial oper- sophisticated missiles. Defense system that— (1) is capable of providing a highly-effec- ational capability date specified in section (4) Several countries that are hostile to the 264(a). United States (including North Korea, Iran, tive defense of the territory of the United States against limited, unauthorized, or ac- (3) A cost and operational effectiveness Libya, and Iraq) have demonstrated an inter- analysis of follow-on options to improve the est in acquiring ballistic missiles capable of cidental ballistic missile attacks; and (2) will be augmented over time to provide effectiveness of such system. reaching the United States. (4) A determination of the point at which (5) The Intelligence Community of the a layered defense against larger and more so- phisticated ballistic missile threats as they any activity that is required to be carried United States has confirmed that North out under this subtitle would conflict with Korea is developing an intercontinental bal- emerge. (b) It is the policy of the United States to the terms of the ABM Treaty, together with listic missile that will be capable of reaching seek a cooperative transition to a regime a description of any such activity, the legal Alaska or beyond once deployed. that does not feature an offense-only form of basis for the Secretary’s determination, and (6) There are ways for determined coun- deterrence as the basis for strategic stabil- an estimate of the time at which such point tries to acquire missiles capable of threaten- ity. would be reached in order to meet the initial ing the United States with little warning by SEC. 264. NATIONAL MISSILE DEFENSE SYSTEM operational capability date specified in sec- means other than indigenous development. ARCHITECTURE. tion 264(a). (7) Because of the dire consequences to the (a) REQUIREMENT FOR DEVELOPMENT OF SEC. 267. POLICY REGARDING THE ABM TREATY. United States of not being prepared to de- SYSTEM.—To implement the policy estab- (a) ABM TREATY NEGOTIATIONS.—In light of fend itself against a rogue missile attack and lished in section 263(a), the Secretary of De- the findings in section 262 and the policy es- the long-lead time associated with preparing fense shall develop for deployment an afford- tablished in section 263, Congress urges the an effective defense, it is prudent to com- able and operationally effective National President to pursue high-level discussions mence a national missile defense deployment Missile Defense (NMD) system which shall with the Russian Federation to achieve an effort before new ballistic missile threats to achieve an initial operational capability agreement to amend the ABM Treaty to the United States are unambiguously con- (IOC) by the end of 2003. allow deployment of the national missile de- firmed. (b) ELEMENTS OF THE NMD SYSTEM.—The fense system being developed for deployment (8) The timely deployment by the United system to be developed for deployment shall under section 264. States of an effective national missile de- include the following elements: (b) REQUIREMENT FOR SENATE ADVICE AND fense system will reduce the incentives for (1) An interceptor system that optimizes CONSENT.—If an agreement described in sub- countries to develop or otherwise acquire defensive coverage of the continental United section (a) is achieved in discussions de- intercontinental ballistic missiles, thereby States, Alaska, and Hawaii against limited, scribed in that subsection, the President inhibiting as well as countering the pro- accidental, or unauthorized ballistic missile shall present that agreement to the Senate liferation of missiles and weapons of mass attacks and includes one or a combination of for its advice and consent. No funds appro- destruction. the following: priated or otherwise available for any fiscal S6894 CONGRESSIONAL RECORD — SENATE June 25, 1996 year may be obligated or expended to imple- Mr. THURMOND submitted two leum Reserve, and products from the Naval ment such an amendment to the ABM Trea- amendments intended to be proposed Petroleum Reserves and the Naval Shale Re- ty unless the amendment is made in the by him to the bill, S. 1745, supra; as fol- serves. same manner as the manner by which a trea- lows: (d) REPEAL OF REQUIREMENT FOR TRANSFER ty is made. AND DISPOSAL OF EXCESS STRATEGIC AND (c) ACTION UPON FAILURE TO ACHIEVE NE- AMENDMENT NO. 4241 CRITICAL MATERIALS OF DOE.—Section 4 of GOTIATED CHANGES WITHIN ONE YEAR.—If an At the end of subtitle C of title XXXI, add the Strategic and Critical Materials Stock agreement described in subsection (a) is not the following: Piling Act (50 U.S.C. 98c) is amended by achieved in discussions described in that sub- SEC. 3138. DISPOSAL OF CERTAIN ASSETS OF THE striking out subsections (a)(10) and (c). section within one year after the date of the DEPARTMENT OF ENERGY. enactment of this Act, the President and (a) PROGRAM.—(1) In order to maximize the AMENDMENT NO. 4242 Congress, in consultation with each other, use of Department of Energy assets and to In section 216, strike out the section head- shall consider exercising the option of with- reduce costs related to asset management at ing and insert in lieu thereof the following: the facilities and laboratories of the Depart- drawing the United States from the ABM SEC. 216. TIER III MINUS UNMANNED AERIAL VE- Treaty in accordance with the provisions of ment, the Secretary of Energy shall carry HICLE. Article XV of that treaty. out a program to dispose of assets of the De- SEC. 268. ABM TREATY DEFINED. partment that the Secretary determines to For purposes of this subtitle, the term be unnecessary for the discharge of the func- PRESSLER (AND DASCHLE) ‘‘ABM Treaty’’ means the Treaty Between tions of the Department. The Secretary shall AMENDMENT NO. 4243 the United States of America and the Union carry out the program so as to result in net receipts to the United States by September (Ordered to lie on the table.) of Soviet Socialist Republics on the Limita- Mr. PRESSLER (for himself and Mr. tion of Anti-Ballistic Missile Systems, and 30, 2002, of not less than $110,000,000. signed at Moscow on May 26, 1972, and in- (2) Not later than October 1 of each of 1997 DASCHLE) submitted an amendment in- cludes the Protocols to that Treaty, signed through 2001, the Secretary shall submit to tended to be proposed by them to the at Moscow on July 3, 1974. Congress an inventory of the assets of the bill, S. 1745, supra; as follows: Department that the Secretary proposes to On page 311, between lines 9 and 10, insert SHELBY (AND HEFLIN) dispose of under the program. the following: (3)(A) Notwithstanding any other law and AMENDMENTS NOS. 4237–4240 SEC. 1072. SENSE OF CONGRESS ON NAMING ONE subject to subparagraphs (B) and (C), the OF THE NEW ATTACK SUBMARINES (Ordered to lie on the table.) Secretary shall deposit the proceeds of the THE ‘‘SOUTH DAKOTA’’. Mr. SHELBY (for himself and Mr. disposition of assets under the program in It is the sense of the Congress that the HEFLIN) submitted four amendments the General Fund of the Treasury. If the Secretary of the Navy should name one of intended to be proposed by them to the President so designates, amounts deposited the new attack submarines of the Navy the bill, S. 1745, supra; as follows: in the General Fund under this subparagraph ‘‘South Dakota’’. shall be included in the budget baseline re- AMENDMENT NO. 4237 quired by the Balanced Budget and Emer- In section 330, in the matter preceding gency Deficit Control Act of 1985 and shall be THURMOND (AND NUNN) paragraph (1), insert ‘‘, the Letterkenny counted for purposes of section 252 of that AMENDMENT NO. 4244 Army Depot,’’ after ‘‘Sacramento Air Logis- Act (2 U.S.C. 902). (Ordered to lie on the table.) tics Center’’. (B) The Secretary shall exclude from de- Mr. THURMOND (for himself and Mr. posit under subparagraph (A) an amount of NUNN) submitted an amendment in- AMENDMENT NO. 4238 the proceeds of a disposal under the program At the end of subtitle C of title I, add the equal to the amount, if any, of appropriated tended to be proposed by them to the following: funds expended in carrying out the disposal. bill, S. 1745, supra; as follows: SEC. 125. PROCUREMENT OF MAIN FEED PUMP Amounts excluded under this subparagraph After section 3, add the following: TURBINES FOR THE CONSTELLA- shall be credited to the account from which SEC. 4. GENERAL LIMITATION. TION (CV–64). the appropriated funds concerned were de- Notwithstanding any other provision of (a) INCREASED AUTHORIZATION.—The rived and merged with and available to the this Act, the total amount authorized to be amount authorized to be appropriated by same and extent and for the same purposes appropriated for fiscal year 1997 for the na- section 102(4) is hereby increased by as such appropriated funds. tional defense function under the provisions $4,200,000. (C) After making any deposit required of this Act is $265,583,000,000. (b) AUTHORITY TO PROCURE.—Of the under subparagraph (B) using the proceeds of amount authorized to be appropriated by disposal under the program, the Secretary THURMOND AMENDMENT NO. 4245 section 102(4), as increased by subsection (a), may, instead of making the deposit of the re- $4,200,000 shall be available for the procure- maining portion of such proceeds otherwise (Ordered to lie on the table.) ment of main feed pump turbines for the required under subparagraph (A), utilize all Mr. THURMOND submitted an Constellation (CV–64). or a portion of such remaining portion for amendment intended to be proposed by the decontamination or other clean-up of fa- AMENDMENT NO. 4239 him to the bill, S. 1745, supra; as fol- cilities, equipment, and materiel of the De- lows: At the end of subtitle C of title II, add the partment. following: (b) PILOT PROGRAM.—(1) The Secretary At the end of subtitle C of title I add the SEC. 237. DESIGNATION OF THE ARMY AS LEAD shall carry out a pilot program in each fiscal following: SERVICE IN THE NATIONAL MISSILE year through fiscal year 2002 under which the SEC. 124. ADDITIONAL EXCEPTION FROM COST DEFENSE JOINT PROGRAM OFFICE Secretary disposes of assets of the Depart- LIMITATION FOR SEAWOLF SUB- FOR INITIAL DEPLOYMENT PHASE MARINE PROGRAM. OF NATIONAL MISSILE DEFENSE ment that the Secretary determines to be PROGRAM. unnecessary for the discharge of the func- Section 133 of the National Defense Au- The Director of the Ballistic Missile De- tions of the Department so as to result in thorization Act for Fiscal Year 1996 (Public fense Organization shall designate the Army proceeds to the Department sufficient to Law 104–106; 110 Stat. 211) is amended— as the lead service in the National Missile cover the costs of carrying out the program (1) in subsection (a), by striking out ‘‘sub- Defense Joint Program Office for the initial under subsection (a). section (b)’’ and inserting in lieu thereof deployment phase of the national missile de- (2) Not later than 90 days after the begin- ‘‘subsections (b) and (c)’’; and fense program. ning of a fiscal year in which the Secretary (2) by striking out subsection (c) and in- carries out a pilot program under paragraph serting in lieu thereof the following: AMENDMENT NO. 4240 (1), the Secretary shall submit to Congress a ‘‘(c) COSTS NOT INCLUDED.—The previous obligations of $745,700,000 for the SSN–23, At the end of subtitle B of title II add the list and description of the assets of the De- SSN–24, and SSN–25 submarines, out of funds following: partment that the Secretary proposes to dis- appropriated for fiscal years 1990, 1991, and SEC. 223. DEPRESSED ALTITUDE GUIDED GUN pose of under the pilot program. ROUND. (c) DEFINITIONS.—(1) For the purposes of 1992, that were subsequently canceled (as a Of the amount authorized to be appro- this section, the term ‘‘assets of the Depart- result of a cancellation of such submarines) priated under section 201(1), $5,400,000 is ment’’ means assets under the control of the shall not be taken into account in the appli- available for continued development and tar- Department to Energy, including chemicals cation of the limitation in subsection (a).’’. get intercept testing of the depressed alti- and industrial gases, radiation sources, in- tude guided gun round. dustrial, scientific, and commercial equip- WARNER AMENDMENT NO. 4246 ment tools and machinery, fuels, and pre- (Ordered to lie on the table.) THURMOND AMENDMENTS NOS. cious and base metals. (2) The term does not include real prop- Mr. WARNER submitted an amend- 4241–4243 erty, uranium, assets of any Federal Power ment intended to be proposed by him (Ordered to lie on the table.) Administration, oil in the Strategic Petro- to the bills, S. 1745, supra; as follows: June 25, 1996 CONGRESSIONAL RECORD — SENATE S6895 At the end of subtitle B of title I, add the THURMOND AMENDMENT NO. 4250 (1) A list of the ships types, if any, for following: which the Secretary of the Navy has made (Ordered to lie on the table.) the determination referred to in paragraph SEC. 113. PERMANENT AUTHORITY TO CARRY Mr. THURMOND submitted an OUT ARMS INITIATIVE. (2)(C) of section 3(c) of the Act to Prevent Section 193(a) of the Armament Retooling amendment intended to be proposed by Pollution from Ships, as amended by sub- and Manufacturing Support Initiative Act of him to the bill, S. 1745, supra; as fol- section (a)(2) of this section. 1992 (subtitle H of title I of Public Law 102– lows: (2) A list of ship types which the Secretary 484; 10 U.S.C. 2501 note) is amended by strik- In section 201(2), strike out ‘‘$9,041,534,000’’ of the Navy has determined can comply with ing out ‘‘During fiscal years 1993 through and insert in lieu thereof ‘‘8,893,234,000’’. Regulation 5 of Annex V to the Convention. 1996, the Secretary’’ and inserting in lieu In section 301(1) strike out ‘‘18,147,623,000’’ (3) A summary of the progress made by the thereof ‘‘The Secretary’’. and insert in lieu therefore ‘‘$18,295,923,000’’. Navy in implementing the requirements of paragraphs (2) and (3) such section 3(c), as so BROWN AMENDMENT NO. 4247 COHEN (AND LOTT) AMENDMENT amended. NO. 4251 (4) A description of any emerging tech- (Ordered to lie on the table.) nologies offering the potential to achieve Mr. BROWN submitted an amend- (Ordered to lie on the table.) full compliance with Regulation 5 of Annex ment intended to be proposed by him Mr. COHEN (for himself and Mr. V to the Convention. to the bills, S. 1745, supra; as follows: LOTT) submitted an amendment in- (d) PUBLICATON REGARDING SPECIAL AREA DISCHARGES.—Section 3(e)(4) of the Act to At the end of subtitle B of title I, add the tended to be proposed by them to the Prevent Pollution from Ships (33 U.S.C. following: bill, S. 1745, supra; as follows: 1902(e)(4)) is amended by striking out sub- Strike out section 124 and insert in lieu SEC. 113. STUDY REGARDING NEUTRALIZATION paragraph (A) and inserting in lieu thereof OF THE CHEMICAL WEAPONS thereof the following: STOCKPILE. the following: SEC. 124. ARLEIGH BURKE CLASS DESTROYER ‘‘(A) The amount and nature of the dis- (a) STUDY.—(1) The Secretary of Defense PROGRAM. charges in special areas, not otherwise au- shall conduct a study to determine the cost (a) FUNDING.—(1) Subject to paragraph (3), thorized under this title, during the preced- of incineration of the current chemical mu- funds authorized to be appropriated by sec- ing year from ships referred to in subsection nitions stockpile by building incinerators at tion 102(a)(3) may be made available for con- (b)(1)(A) of this section owned or operated by each existing facility compared to the pro- tracts entered into in fiscal year 1996 under the Department of the Navy.’’. posed cost of dismantling those same muni- subsection (b)(1) of section 135 of the Na- tions, neutralizing them at each storage site tional Defense Authorization Act for Fiscal and transporting the neutralized remains Year 1996 (Public Law 104–106; 110 Stat. 211) THURMOND AMENDMENT NO. 4253 and all munitions parts to a centrally lo- for construction for the third of the three cated incinerator within the United States Arleigh Burke class destroyers covered by (Ordered to lie on the table.) for incineration. that subsection. Such funds are in addition Mr. THURMOND submitted an (b) REPORT.—Not later than 180 days after to amounts made available for such con- amendment intended to be proposed by the date of the enactment of this Act, the tracts by the second sentence of subsection him to the bill, S. 1745, supra; as fol- Secretary shall submit to the appropriate (a) of that section. lows: committees of the Congress a report on the (2) Subject to paragraph (3), funds author- study carried out under subsection (a). ized to be appropriated by section 102(a)(3) In section 201(2), strike out ‘‘$9,041,534,000’’ may be made available for contracts entered and insert in lieu thereof ‘‘$8,893,234,000’’. In section 301(1) strike out ‘‘18,147,623,000’’ THURMOND AMENDMENT NO. 4248 into in fiscal year 1997 under subsection (b)(2) of such section 135 for construction (in- and insert in lieu thereof ‘‘$18,295,923,000’’. (Ordered to lie on the table.) cluding advance procurement) for the Mr. THURMOND submitted an Arleigh Burke class destroyers covered by amendment intended to be proposed by such subsection (b)(2). THURMOND (AND NUNN) him to the bill, S. 1745, supra; as fol- (3) The aggregate amount of funds avail- AMENDMENT NO. 4254 lows: able under paragraphs (1) and (2) for con- (Ordered to lie on the table.) Strike out section 2812, relating to the dis- tracts referred to in such paragraphs may Mr. THURMOND (for himself and Mr. not exceed $3,483,030,000. position of proceeds of certain commissary NUNN) submitted an amendment in- (4) Within the amount authorized to be ap- stores and nonappropriated fund instrumen- propriated by section 102(a)(3), $750,000,000 is tended to be proposed an amendment talities. authorized to be appropriated for advance to the bill, S. 1745, supra; as follows: procurement for construction for the Arleigh Mr. THURMOND (for himself and Mr. KYL (AND BINGAMAN) Burke class destroyers authorized by sub- NUNN) submitted an amendment in- AMENDMENT NO. 4249 section (b). tended to be proposed an amendment (b) AUTHORITY FOR MULTIYEAR PROCURE- (Ordered to lie on the table.) to the bill, S. 1745, supra; as follows: MENT OF TWELVE VESSELS.—The Secretary of Mr. KYL (for himself and Mr. BINGA- the Navy is authorized, pursuant to section On page 219, line 11, insert ‘‘, for the Sec- MAN) submitted an amendment in- 2306b of title 10, United States Code, to enter retary’s consideration,’’ after ‘‘of Defense’’. tended to be proposed by them to the into multiyear contracts for the procure- On page 223, strike out lines 1 and 2 and in- bill, S. 1745, supra; as follows: ment of a total of 12 Arleigh Burke class de- sert in lieu thereof the following: ‘‘(a) ESTABLISHMENT.—The National Im- At the end of subtitle D of title X, add the stroyers at a procurement rate of three ships agery and Mapping Agency is a combat sup- following: in each of fiscal years, 1998, 1999, 2000, and port agency of the Department of Defense SEC. 1043. PROHIBITION OF COLLECTION AND 2001 in accordance with this subsection and subsections (a)(4) and (c), subject to the and has significant national missions. RELEASE OF DETAILED SATELLITE On page 223, strike out line 17 and all that IMAGERY RELATING TO ISRAEL AND availability of appropriations for such de- follows through page 224, line 2 and insert in OTHER COUNTRIES AND AREAS. stroyers. A contract for construction of one lieu thereof the following: (a) COLLECTION AND DISSEMINATION.—No de- or more vessels that is entered into in ac- partment or agency of the Federal Govern- ‘‘(3) If an officer of the armed forces is ap- cordance with this subsection shall include a pointed to the position of Director under this ment may license the collection or dissemi- clause that limits the liability of the Gov- nation by any non-Federal entity of satellite subsection, the position is a position of im- ernment to the contractor for any termi- portance and responsibility for purposes of imagery with respect to Israel, or to any nation of the contract. other country or geographic area designated section 601 of this title and carries the grade of lieutenant general, or, in the case of an of- by the President for this purpose, unless CHAFEE AMENDMENT NO. 4252 such imagery is no more detailed or precise ficer of the Navy, vice admiral. than satellite imagery of the country or geo- (Ordered to lie on the table.) graphic area concerned that is routinely Mr. CHAFEE submitted an amend- available from commercial sources. ment intended to be proposed by him THURMOND AMENDMENTS NOS. (b) DECLASSIFICATION AND RELEASE.—No to the bill, S. 1745, supra; as follows: 4255–4256 department or agency of the Federal Govern- At the end of section 348, add the follow- (Ordered to lie on the table.) ment may declassify or otherwise release ing: Mr. THURMOND submitted two satellite imagery with respect to Israel, or to (c) REPORT ON COMPLIANCE WITH ANNEX V amendments intended to be proposed any other country or geographic area des- TO THE CONVENTION.—The Secretary of De- by him to the bills, S. 1745, supra; as ignated by the President for this purpose, fense shall include in each report on environ- unless such imagery is no more detailed or mental compliance activities submitted to follows: precise than satellite imagery of the country Congress under section 2706(c) of title 10, AMENDMENT NO. 4255 or geographic area concerned that is rou- United States Code, the following informa- At the end of subtitle D of title III, add the tinely available from commercial sources. tion: following: S6896 CONGRESSIONAL RECORD — SENATE June 25, 1996 SEC. . AUTHORITY FOR AGREEMENTS WITH IN- duty concurrently pursuant to orders to ac- Strike out section 366 and insert in lieu DIAN TRIBES FOR SERVICES UNDER tive duty issued under this section. thereof the following new section: ENVIRONMENTAL RESTORATION ‘‘(B) In the administration of subparagraph SEC. 366. DEPARTMENT OF DEFENSE SUPPORT PROGRAM. (A), the following officers shall not be count- FOR SPORTING EVENTS Section 2701(d) of title 10, United States ed: (a) SECURITY AND SAFETY ASSISTANCE.—At Code, is amended— ‘‘(i) A chaplain who is assigned to duty as the request of a Federal, State, or local gov- (1) in the first sentence of paragraph (1), by a chaplain for the period of active duty to ernment agency responsible for providing striking out ‘‘, or with any State or local which ordered. law enforcement services, security services, government agency,’’ and inserting in lieu ‘‘(ii) A health care professional (as charac- or safety services, the Secretary of Defense thereof ‘‘, with any State or local govern- terized by the Secretary concerned) who is may authorize the commander of a military ment agency, or with any Indian tribe,’’; and assigned to duty as a health care profes- installation or other facility of the Depart- (2) by adding at the end the following: sional for the period of the active duty to ment of Defense or the commander of a spec- ‘‘(3) DEFINITION.—In this subsection, the which ordered. ified or unified combatant command to pro- term ‘Indian tribe’ has the meaning given ‘‘(iii) Any officer assigned to duty with the vide assistance for the World Cup Soccer such term in section 101(36) of the Com- American Battle Monuments Commission for Games, the Goodwill Games, the Olympics, prehensive Environmental Response, Com- the period of active duty to which ordered.’’. and any other civilian sporting event in sup- pensation, and Liability Act of 1980 (42 (b) OFFICERS RETIRED ON SELECTIVE EARLY port of essential security and safety at such U.S.C. 9601(36)).’’. RETIREMENT BASIS.—Such section is amend- event, but only if the Attorney General cer- ed by adding at the end the following: tifies that such assistance is necessary to AMENDMENT NO. 4256 ‘‘(e) The following officers may not be or- meet essential security and safety needs. In section 3136(a), in the matter preceding dered to active duty under this section: (b) OTHER ASSISTANCE.—the Secretary may paragraph (1), strike out ‘‘section 3102’’ and ‘‘(1) An officer who retired under section authorize a commander referred to in sub- insert in lieu thereof ‘‘section 3102(b)’’. 638 of this title. section (a) to provide assistance for a sport- In section 3136(a)(1), strike out ‘‘(2) An officer who— ing event referred to in that subsection in ‘‘$43,000,000’’ and insert in lieu thereof ‘‘(A) after having been notified that the of- support of other needs relating to such ‘‘$65,700,000’’. ficer was to be considered for early retire- event, but only— In section 3136(a)(2), strike out ment under section 638 of this title by a (1) to the extent that such needs cannot ‘‘$15,000,000’’ and insert in lieu thereof board convened under section 611(b) of this reasonably be met by a source other than the ‘‘$80,000,000’’. title and before being considered by that Department; In section 3136(a)(2), strike out ‘‘stainless board, requested retirement under section (2) to the extent that the provision of such steel’’ and insert in lieu thereof ‘‘non-alu- 3911, 6323, or 8911 of this title; and assistance does not adversely affect the mili- minum clad’’. ‘‘(B) was retired pursuant to that re- tary preparedness of the Armed Forces; and quest.’’. (3) if the organization requesting such as- LOTT AMENDMENTS NOS. 4257–4258 (c) LIMITATION OF PERIOD OF RECALL SERV- sistance agrees to reimburse the Department (Ordered to lie on the table.) ICE.—Such section, as amended by subsection for amounts expended by the Department in (b), is further amended by adding at the end providing the assistance in accordance with Mr. LOTT submitted two amend- the following: the provisions of section 377 of title 10, ments intended to be proposed by him ‘‘(f) A member ordered to active duty United States Code, and other applicable to the bill, S. 1745, supra; as follows: under subsection (a) may not serve on active provisions of law. AMENDMENT NO. 4257 duty pursuant to orders under such sub- (c) INAPPLICABILITY TO CERTAIN EVENTS.— At the end of subtitle E of the title X add section for more than 12 months within the Subsections (a) and (b) do not apply to the the following: 24 months following the first day of the ac- following sporting events: tive duty to which ordered under this sec- (1) Sporting events for which funds have SEC. 1054. REPORT ON FACILITIES USED FOR TESTING LAUNCH VEHICLE EN- tion.’’. been appropriated before the date of the en- GINES. actment of this Act. (2) The Special Olympics. (a) REPORT REQUIRED.—Not later than 30 ROBB AMENDMENT NO. 4260 days after the date of the enactment of this (3) The Paralympics. Act, the Secretary of Defense, in consulta- (Ordered to lie on the table.) (d) TERMS AND CONDITIONS.—The Secretary tion with the Administrator of the National Mr. ROBB submitted an amendment may require such terms and conditions in Aeronautics and Space Administration, shall intended to be proposed by him to the connection with the provision of assistance submit to Congress a report on the facilities bill, S. 1745, supra; as follows: under this section as the Secretary considers used for testing launch vehicle engines. necessary and appropriate to protect the in- At the end of subtitle E of title X, add the terests of the United States. (b) CONTENT OF REPORT.—The report shall following: contain an analysis of the duplication be- (e) REPORT ON ASSISTANCE.—Not later than tween Air Force and National Aeronautics SEC. 1054. INFORMATION ON PROPOSED FUND- January 30 of each year following a year in ING FOR THE GUARD AND RESERVE and Space Administration hydrogen rocket which the Secretary provides assistance COMPONENTS IN FUTURE-YEARS DE- under this section, the Secretary shall sub- test facilities and the potential benefits of FENSE PROGRAMS. mit to the congressional defense committees further coordinating activities at such facili- (a) REQUIREMENT.—The Secretary of De- ties. a report on the assistance provided. The re- fense shall specify in each future-years de- port shall set forth— fense program submitted to Congress after (1) a description of the assistance provided; AMENDMENT NO. 4258 the date of the enactment of this Act the es- (2) the amount expended by the Depart- At the end of subtitle A of title V add the timated expenditures and proposed appro- ment in providing the assistance; following: priations for the procurement of equipment (3) if the assistance was provided under SEC. 506. GRADE OF CHIEF OF NAVAL RESEARCH. and for military construction for each of the subsection (a), the certification of the Attor- Section 5022(a) of title 10, United States Guard and Reserve components. ney General with respect to the assistance Code, is amended— (b) DEFINITION.—For purposes of this sec- under that subsection; and (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and tion, the term ‘‘Guard and Reserve compo- (4) if the assistance was provided under (2) by adding at the end the following: nents’’ means the following: subsection (b)— ‘‘(2) Unless appointed to higher grade (1) The Army Reserve. (A) an explanation why the assistance under another provision of law, an officer, (2) The Army National Guard of the United could not reasonably be met by a source while serving in the Office of Naval Research States. other than the Department; and as Chief of Naval Research, has the rank of (3) The Naval Reserve. (B) the amount the Department was reim- rear admiral (upper half).’’. (4) The Marine Corps Reserve. bursed under that subsection. (5) The Air Force Reserve. (f) RELATIONSHIP TO OTHER LAWS.—Assist- (6) The Air National Guard of the United THURMOND AMENDMENT NO. 4259 ance provided under this section shall be States. subject to the provisions of sections 375 and (Ordered to lie on the table.) 376 of title 10, United States Code. Mr. THURMOND submitted an MCCAIN (AND OTHERS) amendment intended to be proposed by AMENDMENT NO. 4261 DOMENICI AMENDMENT NO. 4262 him to the bill, S. 1745, supra; as fol- lows: (Ordered to lie on the table.) (Ordered to lie on the table.) Mr. MCCAIN (for himself, Mr. HATCH, Mr. DOMENICI submitted an amend- Beginning on page 127, strike out line 20 and all that follows through page 129, line 10, Mr. BENNETT, and Mr. NUNN) submitted ment intended to be proposed by him and insert in lieu thereof the following: an amendment intended to be proposed to the bill, S. 1745, supra; as follows: ‘‘(2)(A) Not more than 25 officers of any by them to the bill, S. 1745, supra; as At the end of subtitle C of title II add the one armed force may be serving on active follows: following: June 25, 1996 CONGRESSIONAL RECORD — SENATE S6897 SEC. 237. SCORPIUS SPACE LAUNCH TECH- SEC. 708. PREVENTIVE HEALTH CARE SCREEN- FEINSTEIN (AND OTHERS) NOLOGY PROGRAM. ING FOR COLON AND PROSTATE AMENDMENT NO. 4267 Of the amount authorized to be appro- CANCER. priated under section 201(4) for the Ballistic (a) MEMBERS AND FORMER MEMBERS.—(1) (Ordered to lie on the table.) Missile Defense Organization for Support Section 1074d of title 10, United States Code, Mrs. FEINSTEIN (for herself, Mr. Technologies/Follow-On Technologies (PE is amended— KYL, and Mr. GRASSLEY) submitted an 63173C), up to $7,500,000 is available for the (A) in subsection (a)— amendment intended to be proposed by Scorpius space launch technology program. (i) by inserting ‘‘(1)’’ before ‘‘Female’’; and him to the bill, S. 1745, supra; as fol- (ii) by adding at the end the following new paragraph: lows: GLENN (AND ABRAHAM) ‘‘(2) Male members and former members of At the end of subtitle F of title X, add the AMENDMENT NO. 4263 the uniformed services entitled to medical following: care under section 1074 or 1974a of this title SEC. 1072. SALE OF CHEMICALS USED TO MANU- (Ordered to lie on the table.) shall also be entitled to preventive health FACTURE CONTROLLED SUB- Mr. GLENN (for himself and Mr. care screening for colon or prostate cancer STANCES BY FEDERAL DEPART- MENTS OR AGENCIES. ABRAHAM) submitted an amendment in- at such intervals and using such screening methods as the administering Secretaries A Federal department or agency may not tended to be proposed by them to the sell from the stocks of the department or bill, S. 1745, supra; as follows: consider appropriate.’’; and (B) in subsection (b), by adding at the end agency any chemical which, as determined In section 1022(a), strike out ‘‘. Such trans- the following new paragraph: by the Administrator of the Drug Enforce- fers’’ and insert in lieu thereof ‘‘, if the Sec- ‘‘(8) Colon cancer screening, at the inter- ment Agency, could be used in the manufac- retary determines that the tugboats are not vals and using the screening methods pre- ture of a controlled substance as defined in needed for transfer, donation, or other dis- scribed under subsection (a)(2).’’. section 102 of the Controlled Substances Act posal under title II of the Federal Property (2)(A) The heading of such section is (21 U.S.C. 802) unless the Administrator cer- and Administrative Services Act of 1949 (40 amended to read as follows: tifies in writing to the head of the depart- U.S.C. 481 et seq.). A transfer made under the ment or agency that there is no reasonable ‘‘§ 1074d. Primary and preventive health care preceding sentence’’. cause to believe that the sale of the chemical services would result in the illegal manufacture of a (B) The item relating to such section in controlled substance. WELLSTONE AMENDMENTS NOS. the table of sections at the beginning of 4264–4265 chapter 55 of such title is amended to read as follows: FEINSTEIN AMENDMENT NO. 4268 (Ordered to lie on the table.) ‘‘1074d. Primary and preventive health care (Ordered to lie on the table.) Mr. WELLSTONE submitted an services.’’. Mrs. FEINSTEIN submitted an amendment intended to be proposed by (b) DEPENDENTS.—(1) Section 1077(a) of amendment intended to be proposed by him to the bill, S. 1745, supra; as fol- such title is amended by adding at the end her to the bill, S. 1745, supra; as fol- lows: the following new paragraph: lows: AMENDMENT NO. 4264 ‘‘(14) Preventive health care screening for At the end of subtitle F of title X, add the At the end of subtitle A of title X add the colon or prostate cancer, at the intervals and following: using the screening methods prescribed following: SEC. REVISION OF CERTAIN AUTHORITIES RE- under section 1074d(a)(2) of this title.’’. LATING TO THE CORPORATION FOR SEC. . TRANSFERS FOR EDUCATION AND EM- (2) Section 1079(a)(2) of such title is amend- PLOYMENT ASSISTANCE PROGRAMS. THE PROMOTION OF RIFLE PRAC- ed— TICE AND FIREARMS SAFETY. (a) EDUCATION PROGRAMS.—Of the total (A) in the matter preceding subparagraph (a) USE OF PROCEEDS OF SALES FOR BREAST amount authorized to be appropriated for the (A), by inserting ‘‘the schedule and method CANCER RESEARCH.—(1) Section 1614 of the Department of Defense for fiscal year 1997 of colon and prostate cancer screenings,’’ Corporation for the Promotion of Rifle Prac- pursuant to the authorizations of appropria- after ‘‘pap smears and mammograms,’’; and tice and Firearms Safety Act (title XVI of tions contained in this Act, the Secretary of (B) in subparagraph (B), by inserting ‘‘or Public Law 104–106; 110 Stat. 517; 36 U.S.C. Defense authorized to transfer to the Sec- colon and prostate cancer screenings’’ after 5504) is amended— retary of Education— ‘‘pap smears and mammograms’’. (A) by redesignating subsections (d) and (e) (1) $577,000,000, to carry out subpart 1 of as subsections (e) and (f), respectively; and part A of title IV of the Higher Education (B) by inserting after subsection (c) the fol- Act of 1965 (20 U.S.C. 1070a), relating to Fed- WELLSTONE (AND HARKIN) lowing new subsection (d): eral Pell Grants; AMENDMENT NO. 4266 ‘‘(d) USE OF PROCEEDS OF SALES.—Proceeds (2) $158,000,000, to carry out part E of title (Ordered to lie on the table.) from the sale of rifles, ammunition, targets, IV of the Higher Education Act of 1965 (20 Mr. WELLSTONE (for himself and repair parts and accoutrements, and other U.S.C. 1087aa et seq.), relating to Federal supplies and appliances under this subsection Perkins Loans; and Mr. HARKIN) submitted an amendment shall be deposited in the Defense Health Pro- (3) $71,000,000, to carry out part D of title intended to be proposed by them to the gram account and available for breast cancer IV of the Higher Education Act of 1965 (20 bill, S. 1745, supra; as follows: research. Amounts so deposited shall be U.S.C. 1087a et seq.), relating to Federal Di- After section 3, insert the following: available for that purpose without fiscal rect Student Loans. SEC. 4. GENERAL LIMITATION. year limitation.’’. (b) EMPLOYMENT ASSISTANCE PROGRAMS.— (a) LIMITATION.—Notwithstanding any (2) Section 1618(a)(3) of that Act (110 Stat. Of the total amount appropriated for the De- other provision of this Act, the total amount 520; 36 U.S.C. 5508(a)(3)) is amended by strik- partment of Defense for fiscal year 1997 pur- authorized to be appropriated by this Act ing out ‘‘, including the proceeds’’ and all suant to the authorizations of appropriations may not exceed the amount requested by the that follows through ‘‘supplies and appli- contained in this Act, the Secretary of De- President for fiscal year 1997 for the national ances,’’. fense shall transfer to the Secretary of security activities of the Department of De- (b) TRANSFER OF FUNDS FOR BREAST CAN- Labor— fense and the Department of Energy in the CER RESEARCH.—Notwithstanding section (1) $193,000,000, to provide employment and budget submitted to Congress by the Presi- 1621(a) of the Corporation for the Promotion training assistance to dislocated workers dent for that fiscal year under section 1105 of of Rifle Practice and Firearms Safety Act under title III of the Job Training Partner- title 31, United States Code. (title XVI of Public Law 104–106; 110 Stat. 521; ship Act (29 U.S.C. 1651 et seq.); (b) ALLOCATION OF REDUCTIONS.—The Sec- 36 U.S.C. 5521(a)), funds to be transferred to (2) $246,000,000, to carry out summer youth retary of Defense shall allocate reductions in the Corporation for the Promotion of Rifle employment and training programs under authorizations of appropriations that are Practice and Firearms Safety in accordance part B of title II of the Job Training Part- necessary as a result of the application of with that section shall be transferred instead nership Act (29 U.S.C. 1630 et seq.); the limitation set forth in subsection (a) so to the Defense Health Program and available (3) $25,000,000, to carry out School-to-Work as not to jeopardize the military readiness of only for breast cancer research. Funds so Opportunities programs under the School-to- the Armed Forces or the quality of life of transferred shall be available for that pur- Work Opportunities Act of 1994 (20 U.S.C. Armed Forces personnel. pose without fiscal year limitation. 2101 et seq.); and (c) EXCESS AUTHORIZATIONS TO BE USED (c) DETERMINATION OF FAIR MARKET VALUE (4) $40,000,000, to carry out activities, in- FOR DEFICIT REDUCTION.—The reduction OF ITEMS SOLD.—Section 1614(b) of the Cor- cluding activities provided through one-stop under subsection (a) of the total amount poration for the Promotion of Rifle Practice centers, under the Wagner-Peyser Act (29 that, except for that subsection, would oth- and Firearms Safety Act (title XVI of Public U.S.C. 49 et seq.). erwise be authorized to be appropriated for Law 104–106; 110 Stat. 517; 36 U.S.C. 5504(b)) is fiscal year 1997 by this Act shall be applied amended by adding at the end the following: AMENDMENT NO. 4265 to reduce the budget deficit for fiscal year ‘‘(3) In determining the fair market value At the end of title VII add the following: 1997. of rifles, ammunition, targets, repair parts S6898 CONGRESSIONAL RECORD — SENATE June 25, 1996 and accoutrements, and other supplies and (b) Nothing in this section: (1) Requires the 1938 (29 U.S.C. 206(a)) is amended by striking appliances sold under this subsection, the Site Manager to share enforcement sensitive ‘‘(a) Every’’ and all that follows through Corporation shall use the average price for information or information related to the ‘‘$4.25 an hour after March 31, 1991;’’ and in- such items at a variety of retail gun stores negotiation, dispute resolution or State cost serting the following: ‘‘(a) An employer shall nationwide.’’. recovery provisions of the Hanford Tri-Party pay to an employee of the employer the fol- Agreement; (2) requires the Site Manager to lowing wage rate in accordance with the re- SMITH AMENDMENT NO. 4269 provide confidential budget or procurement quirements of this subsection: information under terms other than those ‘‘(1)(A) in the case of an employee who in (Ordered to lie on the table.) provided in the Tri-Party Agreement for the any workweek is employed in an enterprise Mr. SMITH submitted an amendment transmission of such information to the engaged in commerce or in the production of intended to be proposed by him to the State of Washington; (3) authorizes the State goods for commerce, not less than $4.25 an bill, S. 1745, supra; as follows: of Oregon to participate in enforcement, dis- hour during the period ending on December At the appropriate place, insert: pute resolution or negotiation actions con- 31, 1996, not less than $4.75 an hour during ducted under provisions of the Hanford Tri- the year beginning on January 1, 1997, and SEC. . SENSE OF THE SENATE CONCERNING USS LCS 102. Party Agreement; (4) shall delay implemen- not less than $5.15 an hour after December 31, 1997; It is the sense of the Senate that the Sec- tation of remedial or environmental manage- ‘‘(B) in the case of an employee who in any retary of Navy should use existing authori- ment activities at the Hanford Reservation; workweek is engaged in commerce or in the ties in law to seek the expeditious return of or (5) obligates the Department of Energy to production of goods for commerce, but is not the former USS LCS 102 from the Govern- provide additional funds to the State of Or- employed in an enterprise engaged in com- ment of Thailand in order for the ship to be egon. merce or in the production of goods for com- transferred to the United States Shipbuild- Insert at the appropriate place the follow- merce, not less than $4.25 an hour;’’. ing Museum in Quincy, Massachusetts. ing: SEC. . SENSE OF THE SENATE ON HANFORD (c) CONSTRUCTION.—Section 6 of the Fair MEMORANDUM OF UNDERSTANDING Labor Standards Act of 1938 (29 U.S.C. 206) is WARNER AMENDMENT NO. 4270 It is the sense of the Senate that the State amended by adding at the end thereof the (Ordered to lie on the table.) of Oregon has the authority to and may following new subsection; Mr. WARNER submitted an amend- enter into a joint memorandum of under- ‘‘(h) Nothing in this section shall be con- standing with the State of Washington or a strued as affecting any exemption provided ment intended to be proposed by him under section 13.’’. to the bill, S. 1745, supra; as follows; joint memorandum of understanding with the State of Washington and the Site Man- SEC. 2103. FAIR LABOR STANDARDS ACT AMEND- At the end of subtitle B of title II add the ager of the Hanford Reservation in order to MENTS. following: address issues of mutual concern to such (a) COMPUTER PROFESSIONALS.—Section SEC. 223. CYCLONE CLASS CRAFT SELF-DEFENSE. States regarding the Hanford Reservation. 13(a) of the Fair Labor Standards Act of 1938 (a) STUDY REQUIRED.—Not later than f (29 U.S.C. 213(A)) is amended— March 31, 1997, the Secretary of Defense (1) by striking the period at the end of shall— THE SMALL BUSINESS JOB paragraph (16) and inserting ‘‘; or’’; and (1) carry out a study of vessel self-defense PROTECTION ACT OF 1996 (2) by adding at the end thereof the follow- options for the Cyclone class patrol craft; ing new paragraph: and ‘‘(17) any employee— (2) submit to the Committee on Armed BOND AMENDMENT NO. 4272 ‘‘(A) who is a computer systems analyst, Services of the Senate and the Committee on computer programmer, software engineer, or National Security of the House of Represent- (Ordered to lie on the table.) other similarly skilled worker; atives a report on the results of the study. Mr. LOTT (for Mr. BOND) submitted ‘‘(B) whose primary duty is— (b) SOCOM INVOLVEMENT.—The Secretary an amendment intended to be proposed ‘‘(i) the application of systems analysis shall carry out the study through the Com- by him to the bill (H.R. 3448) to provide techniques and procedures, including con- mander of the Special Operations Command. tax relief for small businesses, to pro- sulting with users, to determine hardware, (c) SPECIFIC SYSTEM TO BE EVALUATED.— software, or system functional specifica- tect jobs, to create opportunities, to tions; The study under subsection (a) shall include increase the take home pay of workers, an evaluation of the BARAK ship self-de- ‘‘(ii) the design, development, documenta- fense missile system. and for other purposes; as follows: tion, analysis, creation, testing, or modifica- (d) FUNDING.—Of the amount authorized to Strike title II and insert the following: tion of computer systems or programs, in- be appropriated by section 104, $2,000,000 is TITLE II—PAYMENT OF WAGES cluding prototypes, based on and related to available for carrying out this section. user or system design specifications; SEC. 2101. PROPER COMPENSATION FOR USE OF ‘‘(iii) the design, documentation, testing, EMPLOYER VEHICLES. creation, or modification of computer pro- (a) SHORT TITLE.—This section may be HATFIELD (AND WYDEN) grams related to machine operating systems; cited as the ‘‘Employee Commuting Flexibil- AMENDMENT NO. 4271 or ity Act of 1996’’. ‘‘(iv) a combination of duties described in (Ordered to lie on the table.) (b) USE OF EMPLOYER VEHICLES.—Section clauses (i), (ii), and (iv) the performance of Mr. HATFIELD (for himself and Mr. 4(a) of the Portal-to-Portal Act of 1947 (29 which requires the same level of skills; and WYDEN) submitted an amendment in- U.S.C. 254(a)) is amended by adding at the ‘‘(C) who is compensated on an hourly tended to be proposed by them to the end the following: ‘‘For purposes of this sub- bases and is comp4ensated at a rate of not bill, S. 1745, supra; as follows: section, the use of an employer’s vehicle for less than $27.63.’’. travel by an employee and activities per- Insert at the appropriate place the follow- (b) TIP CREDIT.—Section 3(m) of the Fair ing: formed by an employee which are incidental Labor Standards Act of 1938 (29 U.S.C. to the use of such vehicle for commuting 203(m)) is amended— SEC. . OPPORTUNITY FOR REVIEW AND COM- shall not be considered part of the employ- MENT BY STATE OF OREGON ON (1) by striking ‘‘(m) ‘Wage’ paid’’ and in- CERTAIN REMEDIAL ACTIONS AT ee’s principal activities if the use of such ve- serting ‘‘(m)(1) ‘Wage’ paid’’; and HANFORD RESERVATION. hicle for travel is within the normal com- (2) by striking ‘‘In determining the war’’ (a) Except as provided in subsection (b), muting area for the employer’s business or and all that follows through ‘‘who customar- the Site Manager of the Hanford Reservation establishment and the use of the employer’s ily and regularly receive tips.’’ and inserting (‘‘Site Manager’’) shall provide to the State vehicle is subject to an agreement on the the following: of Oregon all written information required to part of the employer and the employee or ‘‘(2)(A) In determining the wage an em- be provided to the State of Washington on representative of such employee.’’. ployer is required to pay a tipped employee, any matter covered by the Hanford Tri- (c) EFFECTIVE DATE.—The amendment the amount paid such employee by the em- Party Agreement. made by subsection (b) shall take effect on ployee’s employer shall be an amount equal (1) Any such information provided to the the date of the enactment of this Act and to— State of Washington shall be provided to the shall apply in determining the application of ‘‘(i) the cash wage paid such employee State of Oregon when it is provided to the section 4 of the Portal-to-Portal Act of 1947 which for purposes of such determination State of Washington or as soon as practical to an employee in any civil action brought shall be not less than the cash wage required thereafter. before such date of enactment but pending to be paid such an employee on the day pro- (2) Except as provided in subsection (b), on such date. ceeding the date of enactment of this para- whenever an opportunity for review and SEC. 2102. MINIMUM WAGE INCREASE. graph; and comment is provided to the State of Wash- (a) SHORT TITLE.—This section may be ‘‘(ii) an additional amount on account of ington on matters covered by the Hanford cited as the ‘‘Minimum Wage Increase Act of the tips received by such employee which Tri-Party Agreement, the Site Manager shall 1996’’. amount is equal to the difference between also provide an opportunity for review and (b) AMENDMENT TO MINIMUM WAGE.—Sec- the wage specified in subclause (i) and the comment to the State of Oregon. tion 6(a) of the Fair Labor Standards Act of cash wage in effect under section 6(a)(1). June 25, 1996 CONGRESSIONAL RECORD — SENATE S6899 ‘‘(B) Subparagraph (A) shall not apply with (1) by striking the period at the end of transaction, provide for scientific research respect to any tipped employee unless— paragraph (16) and inserting ‘‘; or’’; and to be carried out by entities independent of ‘‘(i) such employee has been informed by (2) by adding at the end thereof the follow- the Federal Government on possible causal the employer of the provisions of this sub- ing new paragraph: relationships between the complex of ill- section; and ‘‘(17) any employee who is a computer sys- nesses and symptoms commonly known as ‘‘(ii) all tips received by such employee tems analyst, computer programmer, soft- ‘‘Gulf War syndrome’’ and the possible expo- have been retained by the employee, except ware engineer, or other similarly skilled sures of members of the Armed Forces to that this subsection shall not be construed worker, whose primary duty is— chemical warfare agents or other hazardous to prohibit the pooling of tips among em- ‘‘(A) the application of systems analysis materials during Gulf War service. ployees who customarily and regularly re- techniques and procedures, including con- (2) The Secretary shall prescribe the proce- ceive tips.’’ sulting with users, to determine hardware, dures for making awards under paragraph ‘‘(c) OPPORTUNITY WAGE.—Section 6 of the software, or system functional specifica- (1). The procedures shall— Fair Labor Standards Act of 1938 (29 U.S.C. tions; (A) include a comprehensive, independent 206) is amended by inserting after subsection ‘‘(B) the design, development, documenta- peer-review process for the evaluation of pro- (f) the following new subsection: posals for scientific research that are sub- ‘‘(g)(1) In lieu of the rate prescribed by sub- tion, analysis, creation, testing, or modifica- tion of computer systems or programs, in- mitted to the Department of Defense; and section (a)(1), any employer may pay any (B) provide for the final selection of pro- cluding prototypes, based on and related to employee of such employer, during the first posals for award to be based on the scientific 180 consecutive calendar days after such em- user or system design specifications; merit and program relevance of the proposed ployee is initially employed by such em- ‘‘(C) the design, documentation, testing, research. ployer, a wage which is not less than $4.25 an creation, or modification of computer pro- (3) Of the amount authorized to be appro- hour. grams related to machine operating systems; priated under section 301(19), $10,000,000 is ‘‘(2) No employer may take any action to or available for research under paragraph (1). displace employees (including partial dis- (D) a combination of duties described in (b) HEALTH CARE BENEFITS FOR AFFLICTED placements such as a reduction in hours, subparagraph (A), (B), and (C) the perform- CHILDREN OF GULF WAR VETERANS.—(1) wages, or employment benefits) for purposes ance of which requires the same level of Under regulations prescribed by the Sec- of hiring individuals at the wage authorized skills, and retary of Defense, any child of a Gulf War in paragraph (1). who, in the case of an employee who is com- veteran who has been born after August 2, ‘‘(3) Any employer who violates this sub- pensated on an hourly basis, is compensated 1990, and has a congenital defect or cata- section shall be deemed to have violated sec- at a rate of not less then $27.63 an hour.’’. strophic illness not excluded from coverage tion 15(a)(3).’’. SEC 3. USE OF AN EMPLOYER-OWNED VEHICLE. under paragraph (2) is eligible for medical (a) IN GENERAL.—Section 4 of the Portal- and dental care under chapter 55 of title 10, KENNEDY AMENDMENT NO. 4273 to-Portal Act of 1947 (29 U.S.C. 254) is amend- United States Code, for the congenital defect (Ordered to lie on the table.) ed by inserting at the end the following: or catastrophic illness, and associated condi- ‘‘(e) For purposes of subsection (a), the use tions, of the child. Mr. KENNEDY submitted an amend- (2) The administering Secretaries may ex- ment intended to be proposed by him by an employee of an employer-owned vehi- cle to initially travel to the actual place of clude from coverage under this subsection— to the bill H.R. 3448, supra; as follows: (A) any congenital defect or catastrophic performance of the principal activity which illness that, as determined by the Secretary Strike Title II and replace with the follow- such employee is employed to perform at the ing: of Defense to a reasonable degree of sci- start of the workday and to ultimately trav- TITLE II—LABOR PROVISIONS entific certainty on the basis of scientific re- el to the home of the employee from the ac- search, is not a defect or catastrophic illness SEC. 1. INCREASE IN THE MINIMUM WAGE RATE. tual place of performance of the principal ac- that can result in a child from an exposure of (a) IN GENERAL.—Section 6(a)(1) of the Fair tivity which such employee is employed to a parent of the child to a chemical warfare Labor Standards Act of 1938 (29 U.S.C. perform at the end of the workday shall not agent or other hazardous material to which 206(a)(1)) is amended to read as follows: be considered an activity for which the em- ‘‘(1) except as otherwise provided in this members of the Armed Forces might have ployer is required to pay the minimum wage been exposed during Gulf War service; and section, not less than $4.25 an hour during or overtime compensation if— the period ending July 4, 1996, not less than (B) a particular congenital defect or cata- ‘‘(1) such employee has chosen to drive strophic illness (and any associated condi- $4.70 an hour during the year beginning July such vehicle pursuant to a knowing and vol- 5, 1996, and not less than $5.15 an hour after tion) of a particular child if the onset of the untary agreement between such employer defect or illness is determined to have pre- July 4, 1997;’’. and such employee or the representative of (b) EMPLOYEES WHO ARE YOUTHS.—Section ceded any possible exposure of the parent or such employee and such agreement is not a 6(a) of the Fair Labor Standards Act of 1938 parents of the child to a chemical warfare condition of employment; (29 U.S.C. 206(a)) is amended— agent or other hazardous material during (1) in paragraph (4), by striking ‘‘; or’’ and ‘‘(2) such employee incurs no costs for driv- Gulf War service. inserting a semicolon; ing, parking, or otherwise maintaining the (3) No fee, deductible, or copayment re- (2) in paragraph (5), by striking the period vehicle of such employer; quirement may be imposed or enforced for at the end thereof and inserting ‘‘; or’’; and ‘‘(3) the worksites to which such employee medical or dental care provided under chap- (3) by adding at the end thereof the follow- is commuting to or from are within the nor- ter 55 of title 10, United States Code, in the ing new paragraph: mal commuting area of the establishment of case of a child who is eligible for such care ‘‘(6) if the employee— such employer; and under this subsection (even if the child ‘‘(A) is not a migrant agricultural worker ‘‘(4) such vehicle is of a type that does not would otherwise be subject to such a require- or a seasonal agricultural worker (as defined impose substantially greater difficulties to ment on the basis of any eligibility for such in paragraphs (8) and (10) of section 3 of the drive than the type of vehicle that is nor- care that the child also has under any provi- Migrant and Seasonal Agricultural Worker mally used by individuals for commuting.’’. sion of law other than this subsection). Protection Act (29 U.S.C. 1802 (8) and (10)) (b) EFFECTIVE DATE.—The amendment (c) DEFINITIONS.—(1) In this section: without regard to subparagraph (B) of such made by subsection (a) shall take effect on (A) The term ‘‘Gulf War veteran’’ means a paragraphs and is not a nonimmigrant de- the date of enactment of this Act and shall veteran of Gulf War service. scribed in section 101(a)(15)(H)(ii)(a) of the apply in determining the application of sec- (B) The term ‘‘Gulf War service’’ means Immigration and Nationality Act (8 U.S.C. tion 4 of the Portal-to-Portal Act of 1947 (29 service on active duty as a member of the 1101(a)(15)(H)(ii)(a)); and U.S.C. 254) to an employee in any civil action Armed Forces in the Southwest Asia theater ‘‘(B) has not attained the age of 20 years, brought before such date of enactment but of operations during the Persian Gulf War. not less than $4.25 an hour during the first 30 pending on such date. (C) The term ‘‘Persian Gulf War’’ has the days in which the employee is employed by meaning given that term in section 101(33) of f the employer, and, thereafter, not less than title 38, United States Code. the applicable wage rate described in para- THE NATIONAL DEFENSE AUTHOR- (D) The term ‘‘administering Secretaries’’ graph (1).’’. IZATION ACT FOR FISCAL YEAR has the meaning given that term in section (c) EMPLOYEES IN PUERTO RICO.—Section 1072(3) of title 10, United States Code. 6(c) of the Fair Labor Standards Act of 1938 1997 (E) The term ‘‘child’’ means a natural (29 U.S.C. 206(c)) is amended to read as fol- child. lows: (2) The Secretary of Defense shall prescribe ‘‘(c) The rate or rates provided by sub- BYRD AMENDMENT NO. 4274 in regulations a definition of the terms ‘‘con- section (a)(1) shall be applicable in the case Mr. BYRD proposed an amendment genital defect’’ and ‘‘catastrophic illness’’ for the purposes of this section. of any employee in Puerto Rico except an to the bill, S. 1745, supra; as follows: employee described in subsection (a)(2).’’. At the end of title VII add the following: SEC. 2. EXEMPTION OF COMPUTER PROFES- BINGAMAN (AND OTHERS) SIONALS FROM CERTAIN WAGE RE- SEC. 708. RESEARCH AND BENEFITS RELATING AMENDMENT NO. 4275 QUIREMENTS. TO GULF WAR SERVICE. Section 13(a) of the Fair Labor Standards (a) RESEARCH.—(1) The Secretary of De- Mr. BINGAMAN (for himself, Mr. Act of 1938 (29 U.S.C. 213(a)) is amended— fense shall, by contract, grant, or other BRADLEY, and Mr. FEINGOLD) proposed S6900 CONGRESSIONAL RECORD — SENATE June 25, 1996 an amendment to the bill, S. 1745, AUTHORITY FOR COMMITTEES TO ADDITIONAL STATEMENTS supra; as follows: MEET On page 398, after line 23, insert the follow- COMMITTEE ON COMMERCE, SCIENCE, AND ing: TRANSPORTATION TRIBUTE TO THE MILFORD MID- SEC. 2828. RENOVATION OF THE PENTAGON RES- DLE SCHOOL FIFTH-GRADE STU- ERVATION. Mr. MCCONNELL. Mr. President, I The Secretary of Defense shall take such ask unanimous consent that the Com- DENTS FOR SUPPORTING THE action as is necessary to reduce the total mittee on Commerce, Science, and SHRINERS HOSPITAL cost of the renovation of the Pentagon Res- Transportation be allowed to meet dur- ∑ Mr. SMITH. Mr. President, I rise ervation to not more than $1,118,000,000. ing the Tuesday, June 25, 1996, session today to pay tribute to the 80 fifth- of the Senate for the purpose of con- grade students in Pam Moreau’s math BINGAMAN AMENDMENT NO. 4276 ducting a closed hearing on broadcast classes at Milford Middle School in Mr. BINGAMAN proposed an amend- spectrum reform. New Hampshire. Pam and her students ment to the bill, S. 1745, supra; as fol- The PRESIDING OFFICER. Without organized an elaborate recycling sys- lows: objection, it is so ordered. tem and donated 80,000 metal pull-tabs Strike out section 402 and insert in lieu COMMITTEE ON FOREIGN RELATIONS from soft drink cans to the Shriners thereof the following: Mr. MCCONNELL. Mr. President, I hospital in Springfield, MA. The SEC. 402. REPEAL OF PERMANENT END ask unanimous consent that the Com- Shriners Hospital sells the tabs and STRENGTHS. mittee on Foreign Relations be author- uses the money to buy medical and (a) REPEAL.—Section 691 of title 10, United nonmedical supplies for the hospital’s States Code, is repealed. ized to meet during the session of the (b) CLERICAL AMENDMENT.—The table of Senate on Tuesday, June 25, 1996, at 10 burn victims and orthopaedic patients, sections at the beginning of chapter 39 of a.m., to hold a hearing. all of whom are children. I congratu- such title is amended by striking out the The PRESIDING OFFICER. Without late the Milford students who worked item relating to section 691. objection, it is so ordered. for so many months to collect and re- cycle the tabs. GREGG AMENDMENT NO. 4277 COMMITTEE ON FOREIGN RELATIONS These 80 fifth-graders and the 80,000 Mr. MCCONNELL. Mr. President, I Mr. GREGG proposed an amendment tabs they collected are an example of ask unanimous consent that the Com- the type of goodwill exemplified all to the bill, S. 1745, supra; as follows: mittee on Foreign Relations be author- At the appropriate place, insert the follow- across the country for the Shriners ized to meet during the session of the hospital. The Shriners hospital in Mas- ing: Senate on Tuesday, June 25, 1996, at 2 SEC. . (a) the Congress finds that— sachusetts is one of 22 Shriner hos- (1) Federal Bureau of Investigation back- p.m., to hold a hearing. pitals in the United States that pro- ground files contain highly sensitive and ex- The PRESIDING OFFICER. Without vides high-quality medical care abso- tremely private information; objection, it is so ordered. lutely free of charge. The Shriners hos- (2) the White House is entrusted with Fed- COMMITTEE ON THE JUDICIARY pital network is the only hospital sys- eral Bureau of Investigation background files for legitimate security purposes but it Mr. MCCONNELL. Mr. President, I tem in the Nation that provides 100- should ensure that any files requested are ask unanimous consent that the Com- percent charitable care, accepting no needed for such purposes and that these files mittee on the Judiciary be authorized government or insurance reimburse- remain confidential and private; to meet during the session of the Sen- ment for treating hundreds of thou- (3) the White House has admitted that the ate on Tuesday, June 25, 1996, at 2 p.m. sands of children. The only way the personnel security office headed by Mr. Liv- to hold a nominations hearing. Shriners are able to help so many ingstone inappropriately requested the files The PRESIDING OFFICER. Without young patients is due to the generous of over 400 former White House pass holders who worked under the past two Republican objection, it is so ordered. support of the American people like Presidents; COMMITTEE ON VETERANS’ AFFAIRS the Milford fifth-graders. (4) Craig Livingstone, the director of the Mr. MCCONNELL. Mr. President, the Since 1922, when the first Shriner White House personnel security office, has Committee on Veterans’ Affairs would hospital was founded, the Shriner hos- been placed on paid administrative leave at pital network has helped over 500,000 his own request; like to request unanimous consent to hold a markup on pending legislation children. Last year, the hospitals (5) the President has taken no action to treated close to 20,000 orthopaedic reprimand those responsible for improperly at 10 a.m., on Tuesday, June 25, 1996. collecting sensitive Federal Bureau of Inves- The markup will be held in room 418 of cases and conducted over 200,000 out- tigation files; and the Russell Senate Office Building. patient and outreach clinic visits. (6) the taxpayers of the United States The PRESIDING OFFICER. Without Money raised from the tabs collected should not bear the financial responsibility objection, it is so ordered. by the Milford students will help pay of paying Mr. Livingstone’s salary. for x-ray film, children’s books, and (b) It is the sense of the Senate that the SUBCOMMITTEE ON INVESTIGATIONS VCR tapes for the patients at the President should terminate Mr. Livingstone Mr. MCCONNELL. Mr. President, I Springfield Shriners Hospital. This from his position at the White House imme- ask unanimous consent that the Per- hospital and other Shriner hospitals diately. manent Subcommittee on Investiga- f make the largest single contribution tions of the Commerce on Govern- on a continuing basis to the care of dis- NOTICE OF HEARINGS mental Affairs, be authorized to meet abled children in the United States. during the session of the Senate on COMMITTEE ON ENERGY AND NATURAL I have always been impressed with RESOURCES Tuesday, June 25, 1996 to hold hearings the number of children the Shriners Mr. MURKOWSKI. Mr. President, I on security in cyberspace. hospital helps each year and have would like to announce for the public The PRESIDING OFFICER. Without worked with them over the years to that a hearing has been scheduled be- objection, it is so ordered. promote and assist their efforts. I am fore the full Committee on Energy and SUBCOMMITTEE ON TRANSPORTATION AND particularly pleased that a group of Natural Resources to receive testi- INFRASTRUCTURE young students in New Hampshire mony regarding S. 1678, a bill to abol- Mr. MCCONNELL. Mr. President, I worked so diligently to contribute to ish the Department of Energy, and for ask unanimous consent that the Sub- this outstanding institution. These other purposes. committee on Transportation and In- young fifth-graders will help make a The hearing will be held on Tuesday, frastructure be granted permission to difference in the lives of the sick and July 23, 1996, it will begin at 9:30 a.m., conduct an oversight hearing Tuesday, disabled children at the Shriners hos- and will take place in room SD–366 of June 25, at 9:30 a.m., hearing room (SD– pital. They should be very proud of the Dirksen Senate Office Building in 406) on the impact of Federal stream- their volunteer effort. Washington, DC. lining efforts on GSA leasing activi- Mr. President, I ask that this re- For further information, please call ties. cently published article from the Tele- Karen Hunsicker, counsel or Betty The PRESIDING OFFICER. Without graph describing the students’ hard Nevitt, staff assistant. objection, it is so ordered. work be inserted into the RECORD. June 25, 1996 CONGRESSIONAL RECORD — SENATE S6901 [From the Telegraph] Ralph Goodpasteur was born on De- TRIBUTE TO COL. STANLEY F. PROJECT HAS KIDS PULLING FOR OTHER KIDS cember 12, 1923, in Columbus, IN. He DAVIDSON Fifth-graders in Pam Moreau’s math class- was educated in the public schools in ∑ Mr. D’AMATO. Mr. President, I rise es are getting a lesson in numbers while Richmond, IN. He was a graduate of today to honor Col. Stanley F. David- helping other kids. the University of Southern California, About 80 pupils at the Milford Middle son, who will retire from the U.S. School in New Hampshire began collecting with a degree in English and music, Army on July 1, 1996 after completing a metal pull-tabs from soft drink cans last fall and George Williams College, where he long and distinguished career of more and donating them to the Shriners Hospital received a masters degree in music. than 30 years of service to our Nation, in Springfield, Mass., which treats His musical ability was apparent at including 6 years of service in key as- orthopaedic patients; other Shriners Hos- signments in the Office of the Sec- pitals, such as one in Boston, treat child an early age, and he began a musical career at age 7. His church life dates retary of Defense. I would like to take burns patients. a few minutes to highlight some of his The hospital sells the tabs to an aluminum back almost as long as his musical in- contributions and accomplishments. recycler and uses the money to purchase a terests. He was baptized at the Second variety of medical and nonmedical items, Colonel Davidson joined the U.S. Baptist Church at age 7. His entire life Army Reserve as a private on August from X-ray film to children’s books and VCR was spent combining those two great tapes patients use during their hospitaliza- 30, 1965 and rose to the rank of ser- tion. loves. Religious music, songs of praise geant. After completing 4 years of en- As of mid-April, the Milford pupils had col- and spiritual uplifting, were all part of listed service, he was selected to attend lected about 80,000 of the small metal ob- his special gift, one that he shared with Officer Candidate School and was ap- jects—an average of 1,000 per pupil. The dol- millions. pointed a second lieutenant on June 16, lar value of their efforts is estimated to be 1969. He served in several Army Re- $130, so far [price fluctuates daily]. In 1943, he became pianist and direc- ‘‘It’s a project we got started for the fun of tor of the gospel choir of the Grant serve units within the 77th U.S. Army it . . . but the kids come in with thousands A.M.E. Church in Los Angeles, CA. In Reserve Command and the 98th Divi- each week,’’ said Moreau, who added they 1948, however, my home town of Chi- sion (Training) in the State of New might expand the effort to include more pu- cago, IL was fortunate enough to be- York and in the Missouri Army Na- pils next year. come Ralph Goodpasteur’s home town. tional Guard. He subsequently rose Many pupils involve their parents, aunts, through the commissioned ranks and and uncles in their collecting, said Moreau. In Chicago, he brought life and joy, was promoted to the grade of colonel One girl made a bin for employees at her fa- not just to the congregation at the ther’s workplace to donate the tabs. Each on June 25, 1996. First Church of Deliverance, but to Prior to entering on active duty, month, Moreau gives out a small prize to the every life he touched. His impact on his pupils who collect the most. Colonel Davidson’s military positions She said their collecting efforts have community was enormous. The love, included supply sergeant, detachment translated well in the math classes—pupils the admiration, and the respect his commander, platoon leader, and com- keep track of their collecting by plotting adopted home town of Chicago had for pany commander in various engineer numbers on graphs. They deposit them into him was evidenced by the fact that and military police units. Colonel Da- empty five-gallon water bottles, and have Mayor Harold Washington of Chicago vidson entered on active duty for the filled about five since they began. It has also spawned a sense of recycling, issued a proclamation making October U.S. Army Reserve as a member of the which for many Milford residents is already 4, 1987, Ralph Goodpasteur day. He has Active Guard and Reserve Program on the norm. But she said pupils have taken to been recognized for his many contribu- August 1, 1977. His initial active duty checking the family garbage and picking up tions by institutions ranging from the assignment was as a captain in the Of- cans littering local parks. Chicago Historical Society to the fice of Recruiting and Retention at Moreau said she learned about the fund- Smithsonian Institution to academic Headquarters, U.S. Army Forces Com- raising project through a friend who saves institutions throughout the world. mand, Fort McPherson, GA. Following the tabs and gives them to Chief Grayden, a Nashua Shriner active in Shriners Hospitals. His life was a life of service to others, this assignment, he was transferred to Grayden regularly drives local patients to through his work in the church, and the Pentagon where he served as a staff their treatments in Boston or Springfield, through his music generally. He was a officer in the Office of the Deputy Chief and he brings the tabs to Springfield when he wonderful gospel singer and composer, of Staff for Personnel. He was later as- has a bunch. signed as a manpower mobilization Moreau said they kicked off the volunteer and used gospel music to move people, and to bring them closer to God. He planner in the Office of the Assistant effort by inviting Grayden in to speak about Secretary of Defense for Force Manage- how collecting them would help other kids. was the first African-American to have ment and Personnel. Since then, pupils have been unstoppable. a song published as a hymn in the 1975 His subsequent assignments were in ‘‘It’s kids helping kids,’’ she said. ‘‘Even edition of the National Baptist Hym- the Personnel Division of the Office of though they never have met these kids, they nal, Southern Baptist Convention. think it’s great to be helping out.’’∑ the Chief, Army Reserve and on f He was a special friend to me person- Project Vanguard in the Office of the ally. I called him Uncle Ralph, as did Chief of Staff of the Army. He was then DEATH OF RALPH H. many others, and he gave of his time to transferred to the newly established GOODPASTEUR help me in my election effort. ‘‘Uncle U.S. Army Reserve Command in At- ∑ Ms. MOSELEY-BRAUN. Mr. Presi- Ralph’’ helped in may ways, but most lanta, GA, where he served as Chief of dent, on June 20, 1996, the First Church importantly, with campaign finance. the Personnel Management Division. of Deliverance in Chicago lost a min- He was good at that, and brought the Returning once again to the Pentagon, ister of music and music director who same commitment to excellence to the Colonel Davidson served as the Chief of had brought great joy, great energy, task that he brought to every endeavor the Office of Policy and Liaison in the and great spirituality to its services he undertook. I will miss him. Office of the Chief, Army Reserve. for over 48 years. On that same date, Ralph Goodpasteur lived a life filled Colonel Davidson also served as liai- gospel music lost an innovator, and a with accomplishment. He will be long son officer to the Reserve Forces Pol- tremendous talent, a singer, pianist, icy Board in the Office of the Secretary remembered by all those who knew composer, and arranger who performed of Defense; to the Army Reserve Forces him, or who heard him perform. He has with such great artists as Mahalia Policy Committee in the Office of the left all of us something very enduring, Jackson, Ethel Waters, Earl ‘‘Fatha’’ Chief of Staff of the Army; and to the however; his legacy of music will live Hines, Sally Martin, and Nat King Reserve Components Coordination on and on for generations to come. Cole. Council in the Office of the Assistant Ralph H. Goodpasteur died on June I regret that all of my colleagues Secretary of the Army for Manpower 20, 1996. His death is a great loss to the have not had the opportunity to come and Reserve Affairs. First Church of Deliverance, to its to know Ralph Goodpasteur. I urge Colonel Davidson’s current assign- ministers, staff, and congregation, to every Member of this Senate to allow ment is as a field representative on the gospel music, to his relatives, and to his wonderful music to become a part staff of the National Committee for his legions of friends. of their lives.∑ Employer Support of the Guard and S6902 CONGRESSIONAL RECORD — SENATE June 25, 1996 Reserve in the Office of the Assistant emerged as a staunch supporter of the dent and Director of Presidential Per- Secretary of Defense for Reserve Af- New Deal legislation, seconding the sonnel, read on behalf of the President fairs where he has served since October nomination of President Franklin Roo- last evening, as well as a letter read on 1994. sevelt at the 1936 Democratic Conven- behalf of Congresswoman BLANCHE LIN- His performance of duty in each of tion. COLN, be included in the RECORD at this these assignments has been exemplary. Senator Caraway was reelected in point. His decorations include the Legion of 1938. Thus, she served from November The letters follow: Merit, the Defense Meritorious Service 13, 1931, to January 2, 1945. She was the THE WHITE HOUSE, Medal, the Meritorious Service Medal first woman to preside over the Sen- Washington, DC, June 20, 1996. with three Oak Leaf Clusters, the Joint ate—on May 9, 1932—and the first to Warm greetings to everyone gathered for Service Commendation Medal, the chair a Senate committee. Hattie died the unveiling of the portrait of Senator Hat- Joint Service Achievement Medal, the December 21, 1950, and is buried in her tie Caraway of Arkansas. hometown, Jonesboro, AR. On August 26, 1920, a new era dawned in Selective Service Meritorious Service America. Recognizing that the right to vote Award, the Army Commendation Mr. President, I want to pay tribute is fundamental to democratic citizenship, Medal, the National Defense Service to the Hattie Caraway Portrait Com- suffragists succeeded in empowering women Medal, the Army Reserve Components mittee, so superbly chaired by Mary with the political voice that was their due. Achievement Medal with one Oak Leaf Ellen Jesson of Fort Smith. Members Elected to her seat in the Senate twelve Cluster, the Armed Forces Reserve of the committee, which Senator years later in 1932, Hattie Caraway built on Medal with two 10-year Devices, the PRYOR and I were proud to appoint to the important progress of the women’s move- oversee this project—including raising ment as America’s first elected female sen- Army General Staff Identification ator. Since then, women like Hattie Caraway Badge, the Office of Secretary of De- the necessary funds—are: Diane Alderson, Diane Blair, Cassie Brothers, have carved out for themselves positions of fense Identification Badge, and numer- leadership from industry and government to ous other awards and decorations. Irma Hunter Brown, Meredith Catlett, academia and the arts, proving time and Mr. President, Colonel Davidson is an Gwen Cupp, Ann Dawson, Dorine Dea- again that society benefits immeasurably extraordinary officer. I have been im- con, Mimi Dortch, Jacqueline Douglas, when all people enjoy equal rights and oppor- pressed by his outstanding service and Lib Dunklin, Judy Gaddy, Jane tunities. contributions to our Nation by his Huffman, Dr. Charlott Jones, Chloe We must continue the progress she made Kirksey, Karen Lackey, Bev Lindsey, and urge a new generation to follow the he- service in our Armed Forces. As he pre- roic example set by Senator Hattie Caraway pares to retire from military service, I Donna Kay Matteson, Susan Mayes, Clarice Miller, Betty Mitchell, Julia and so many other pioneering women. As congratulate him and thank him for you install Hattie’s portrait into the Sen- Mobley, Nancy Monroe, Sylvia Prewitt, his many years of outstanding service ate’s permanent are collection, let us dedi- to our Nation and extend my best wish- Billie Rutherford, Irene Samuel, and cate ourselves to building on her legacy of Helen Walton. es for his future endeavors.∑ opportunity and achievement. Betty Bumpers and Barbara Pryor, Best wishes to all for a memorable event. f were honorary co-chairs of the commit- BILL CLINTON. PORTRAIT OF HATTIE CARAWAY tee and had the honor of initially un- veiling the portrait in Little Rock HOUSE OF REPRESENTATIVES, ∑ Mr. BUMPERS. Mr. President, last Washington, DC, June 21, 1996. evening more than 200 folks braved the back in April. Supporting the committee in this Hon. DALE BUMPERS, weather to pay tribute to a former project were the Arkansas Humanities Hattie Caraway Portrait Committee, Dirksen Member of this body and a fellow Ar- Senate Office Building, Washington, DC. Council, the National Endowment for kansan, Hattie Caraway DEAR FELLOW ARKANSANS AND HATTIE CAR- the Humanities, and the Arkansas Mr. colleague, Senator DAVID PRYOR, AWAY ADMIRERS: It is with deep regret that I Community Foundation. Special ably presided over a ceremony dedicat- cannot share in this historic occasion with thanks also go to Thom Hall at the Ar- you. As I am sure you are all aware, my new ing a portrait of Hattie Caraway, the kansas Arts Center. family has kept me home in Arkansas, but first woman ever to place her name on I also want to pay tribute to Senate be assured I am with you in heart and spirit. a ballot and be elected to the Senate. Sergeant at Arms, Howard Greene, I join with everyone gathered here today in This portrait is the second in the Sen- Senate Historian Dick Baker, Assist- honoring Senator Caraway for her service to ate art collection which honors a ant Senate Historian Jo Quatannens, our great state and for her courage to enter woman; the first is Pocahontas. a profession which was dominated by men. Senate Registrar Melinda Smith, and I have both a unique bond with and debt to Members of the Caraway family, rep- Frank Wright, an artist and member of resentatives from the Capitol histori- Hattie Caraway. As the first woman ever the advisory panel for the Senate Com- elected to the Senate, first woman to chair a cal and arts communities, congres- mission on Art, for their support and Senate committee, and the first woman to sional staffers, and a number of mem- advice. preside over the Senate, Mrs. Caraway paved bers of the Arkansas State Society Kelly Johnston, Secretary of the the way for the women who would follow her. heard Dr. David Malone and Prof. Senate and executive secretary of the By blazing the trail over 60 years ago for Diane Blair, both authors of books U.S. Senate Commission on Art, and other women to pursue a political career and about this Arkansan, extol the many Diane Skvarla, Senate Curator, were by serving with distinction and diligence, virtues of Hattie Caraway. she was an inspiration to me in becoming the the guiding forces behind this project first woman elected as Representative from They heard Senator STROM THUR- and instrumental in bringing us from the First District of Arkansas. MOND tell of her trailblazing accom- initial approval of the project to dedi- Without the tireless efforts of Senator and plishments and Senator NANCY KASSE- cation day. Mrs. Bumpers, Senator and Mrs. Pryor, and BAUM tell of how the example of Hattie The U.S. Senate Commission on Art the members of the Hattie Caraway Portrait Caraway was an inspiring one to her selected J.O. Buckley, a Little Rock, Committee, it would not have been possible when she first entertained ideas of AR, artist to paint the portrait. He was to bring her portrait to the Capitol. This is seeking a seat in the U.S. Senate. selected from among a number of fine a fitting tribute to a great and illustrious citizen whom we so proudly honor today. Hattie Ophelia Wyatt Caraway was Arkansas portraitists. I invite my col- appointed to the U.S. Senate on No- Many people are surprised to learn that Ar- leagues to step outside the Senate kansas elected the first woman to the United vember 13, 1931, to fill the vacancy Chamber and take a look at this mag- States Senate. This dedication is indeed a caused by the death of her husband, nificent portrait, which hangs at the celebration of the open-mindedness and fair- Thaddeus Caraway. She was subse- end of the main corridor. ness of the people of Arkansas. quently elected in a January 12, 1932, Mr. President, last evening was in- When I return to Washington and resume special election to complete the term. deed a proud one for Arkansans as a my Congressional schedule, one of my first She ran for reelection to a full 6-year portrait of one of our State’s most fa- stops on the Hill will be to view the portrait term later that year. of Hattie Caraway. mous citizens was added to the pres- Thank you all for making this unveiling a At first, Senator Caraway spoke so tigious collection of art in these hal- reality. infrequently that she became known as lowed Halls. Sincerely, ‘‘Silent Hattie.’’ As she grew more Mr. President, I ask that a letter BLANCHE LAMBERT LINCOLN, comfortable in her new role, she that Bob Nash, Assistant to the Presi- Member of Congress.∑ June 25, 1996 CONGRESSIONAL RECORD — SENATE S6903 TRIBUTE TO LT. GEN. GEORGE R. through the many challenging issues ther, that immediately following the CHRISTMAS, U.S. MARINE that have faced the military services in prayer, the Journal of proceedings be CORPS—A MARINE’S MARINE the post-cold war era. deemed approved to date, no resolu- ∑ Mr. NUNN. Mr. President, I would He is, in every sense, a Marine’s Ma- tions come over under the rule, the call like to take a few moments today to rine—an eager student, a dedicated of the calendar be dispensed with, the offer a tribute to Lt. Gen. George R. teacher, a superb resources manager, morning hour be deemed to have ex- Christmas, U.S. Marine Corps. General an outstanding leader, a combat war- pired, and the time for the two leaders Christmas is currently the Deputy rior, a very talented professional and a be reserved for their use later in the Chief of Staff for Manpower and Re- true gentleman. day, and that the Senate then resume serves Affairs at the Headquarters of Most importantly, through the years, consideration of S. 1745, the DOD au- the Marine Corps and will be retiring General Christmas has never lost sight thorization bill, and the cloture vote from the Corps in the very near future of the importance of the individual Ma- with respect to S. 1745 occur imme- after more than 34 years of faithful and rine to our Nation’s combat readiness. diately. outstanding service. His concern for every Marine, for every The PRESIDING OFFICER. Without General Christmas was commissioned family member and for every retiree objection, it is so ordered. as a second lieutenant in 1962. During was readily apparent each time the Mr. GRAMS. Mr. President, I further the next 34 years, he served in com- committee has sought his views. ask unanimous consent that Senators mand and staff assignments true to the The Marine Corps is a better place, a have until 10 a.m. on Wednesday to file Marine’s Hymn—in every aspect of the more ready force, and a greater na- second-degree amendments to the DOD Marine Corps: tional asset because Gen. Ron Christ- authorization bill. He has been a student and an instruc- mas chose to dedicate his life to wear- The PRESIDING OFFICER. Without tor; ing the Globe and Anchor. objection, it is so ordered. He has served at the flagpole in the As Gen. Ron Christmas leaves active f Marine Corps Headquarters as a Spe- service, I would like to express my sin- cial Assistant to the Assistant Com- cere appreciation and admiration for a PROGRAM mandant of the Marine Corps and thou- job tremendously well done and, on be- sands of miles from the flagpole as the half of those who have come to know Mr. GRAMS. Mr. President, for the Director for Operations for the United him and to value his counsel, I would information of all Senators, there will States Pacific Command. like to offer my very best wishes to be a rollcall vote on the motion to in- In peacetime, he has commanded an him and to his wonderful family for voke cloture on the DOD authorization infantry platoon, a recruit training every happiness and success in the fu- bill at 9:30 a.m. Regardless of the out- battalion, an infantry regiment, an ex- ture.∑ come of that vote, the Senate is ex- peditionary brigade, a Force Service pected to continue consideration of f Support Group, and a Marine Expedi- that bill throughout the day on tionary Force. UNANIMOUS-CONSENT Wednesday with rollcall votes ex- In combat, he commanded an infan- AGREEMENT—S. 1219 pected. A late-night session is antici- try company and participated in the pated in order to make substantial Mr. GRAMS. Mr. President, I ask now legendary Battle for Hue City. progress on the DOD authorization bill. During this vicious fighting, General unanimous consent that S. 1219 not be Christmas was seriously wounded. He considered the pending business. f was awarded the Navy Cross for his The PRESIDING OFFICER. Without ADJOURNMENT UNTIL 9:30 A.M. bravery and actions during this fight- objection, it is so ordered. TOMORROW ing. f In July of 1994, General Christmas as- Mr. GRAMS. Mr. President, if there sumed his current duties as the Deputy ORDERS FOR WEDNESDAY, JUNE is no further business to come before Chief of Staff for Manpower and Re- 26, 1996 the Senate, I ask unanimous consent serve Affairs for the Marine Corps. Mr. GRAMS. Mr. President, I ask that the Senate now stand in adjourn- General Christmas is no stranger to unanimous consent that when the Sen- ment under the previous order. the Armed Services Committee having ate completes its business today, it There being no objection, the Senate, appeared before the committee on stand in adjournment until the hour of at 8:05 a.m., adjourned until Wednes- many occasions to help us work 9:30 a.m. on Wednesday, June 26; fur- day, June 26, 1996, at 9:30 a.m.