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

Vol. 141 WASHINGTON, MONDAY, JUNE 19, 1995 No. 100 House of Representatives

The House met at 12 noon and was DREIER] come forward and lead the for 1 minute and to revise and extend called to order by the Speaker pro tem- House in the Pledge of Allegiance. her remarks.) pore [Mr. SHAYS]. Mr. DREIER led the Pledge of Alle- Mrs. SCHROEDER. Mr. Speaker, I f giance as follows: join the gentleman from New Mexico in I pledge allegiance to the Flag of the sending greetings, if that is what you DESIGNATION OF THE SPEAKER United States of America, and to the Repub- could call it, to Aung San Suu Kyi who PRO TEMPORE lic for which it stands, one nation under God, is still imprisoned in Burma. And I The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. think when we look at this, if we look fore the House the following commu- f at many other issues affecting women nication from the Speaker: all over this globe, we see that they are AUNG SAN SUU KYI WASHINGTON, DC, still not in very good shape. June 19, 1995. (Mr. RICHARDSON asked and was It is amazing because she was the I hereby designate the Honorable CHRIS- given permission to address the House daughter of a very prominent Burmese TOPHER SHAYS to act as Speaker pro tempore for 1 minute and to revise and extend leader. Her people elected her to lead on this day. his remarks.) them and yet even though she has re- NEWT GINGRICH, Mr. RICHARDSON. Mr. Speaker, ceived the Nobel Prize, she has done all Speaker of the House of Representatives. today is the 50th birthday of Burma’s sorts of things, no one in that country f Nobel Peace Prize Laureate Daw Aung has been able to break this incredible San Suu Kyi who is being held under lock they have on her as they hold her PRAYER house arrest for the sixth year by the under house arrest. The Chaplain, Rev. James David Burmese military regime known as the But we can also look at China and Ford, D.D., offered the following pray- SLORC. She was imprisoned 6 years the fact that they are not very happy er: ago after her party won overwhelming about having this International Wom- We pray, O gracious God, that though victories in elections in Burma. en’s Symposium there. They seem to we may depart from Your spirit While today is this remarkable wom- have thought it was a craft fair and did through our willful ways, Your spirit an’s birthday, sadly, there is not much not have any idea that women were will not depart from us. And though we to celebrate as the Burmese military really going to come and talk about may wander in our rush to do all the regime continues her imprisonment women’s rights. things that crowd our days, You will be and the repression of the Burmese peo- And we saw a very interesting article patient with every person. Grant to us, ple. Last year I met with this remark- in this morning’s paper pointing out O God, and to all Your people, the wis- able individual and witnessed the he- that for every courageous male raising dom to heed Your Word and meditate roic stature of her crusade to restore a family alone in America, there are on Your ways that in our busyness and democracy to her native land. seven women doing the same thing, and in our seeming significance we do not My efforts to visit her again last child care and all of those issues that lose the great blessings that are Your month were rebuffed. There is a retro- have impacted on single parents are gifts to us. Amen. gression of human rights and democ- not being dealt with. f racy in Burma. Just this week the Bur- Things do not look very good, and we mese military regime expected to allow need to roll up our shirt sleeves and THE JOURNAL the Red Cross to inspect prisons in that work on all of these issues. The SPEAKER pro tempore. The country. They have refused the Red f Chair has examined the Journal of the Cross to inspect those prisons as they last day’s proceedings and announces originally stated. FRENCH NUCLEAR TESTING to the House his approval thereof. Mr. Speaker, let us rejoice in this re- (Mr. MARKEY asked and was given Pursuant to clause 1, rule I, the Jour- markable woman’s 50th birthday and permission to address the House for 1 nal stands approved. stand with her in her struggle. minute.) f f Mr. MARKEY. Mr. Speaker, the French Government has announced PLEDGE OF ALLEGIANCE WOMEN’S RIGHTS that they are going to resume nuclear The SPEAKER pro tempore. Will the (Mrs. SCHROEDER asked and was testing in the South Pacific. This is a gentleman from California [Mr. given permission to address the House terrible precedent to be setting for the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 6085 H 6086 CONGRESSIONAL RECORD — HOUSE June 19, 1995 rest of the world as we try to encour- passage of the North American Free- State of California, and I will get into age the Third World nations of this Trade Agreement, completion of the that for a moment in just a moment, planet to back away from the nuclear Uruguay round of the General Agree- will be very negative. And I have to weapons option. But worse, the United ment on Tariffs and Trade, and having say, Mr. Speaker, it saddens me to con- States Government has now begun the pursued a very strong prohuman rights clude that the President is threatening process themselves of following this policy in China. to significantly set back the prospects French fashion of the season and going I have been proud to have worked not for additional multilateral trade initia- back to a nuclear testing regime. Noth- only with President Clinton but with tives and a forward-looking Asia policy ing could be worse for the United my fellow Californian, the U.S. Trade that ties the United States into that States and for this world than if we Representative, Mr. Kantor, and with a extraordinarily growing market in the ourselves set that poor example of test- bipartisan group of Members of both Pacific rim. ing nuclear weapons and, in fact, en- the House and the Senate; here in the Let me take a couple moments and couraging dozens of Third World coun- House I have been privileged to work talk about my State of California. tries across this planet to emulate us. with Chairman ARCHER of the Commit- California, whether you like it or not, There is a very idealistic and prac- tee on Ways and Means, Chairman it is the seventh largest economic tical set of objectives which this coun- CRANE, who chairs the Trade Sub- power on the face of the earth; 32 mil- try should be seeking to achieve as nu- committee; my friend Mr. KOLBE on lion people in California. California is clear nonproliferation and biological this side. On the other side my col- the Nation’s largest exporter. Its $811⁄4 weapons proliferation becomes the sin- league, the gentleman from New Mex- billion in exports is 20 percent of our gle greatest danger to peace and secu- ico, Mr. RICHARDSON, who was here a Nation’s total. Exports support 1.5 mil- rity on this planet. few minutes ago; my fellow Califor- lion jobs in the State of California. f nian, Mr. MATSUI; the gentleman from Foreign investment supports another Florida, Mr. GIBBONS, of course, the half million jobs. While California has SPECIAL ORDERS former chairman of the Trade Sub- suffered greatly due to the defense and The SPEAKER pro tempore. Under committee of the Committee on Ways aerospace cutbacks, which have taken the Speaker’s announced policy of May and Means. And we have pursued very, place for the past several years, the 12, 1995, and under a previous order of very strongly a bipartisan approach to one bright spot has been California’s the House, the following Members will trade. I am proud to have worked close- access to other markets so that we be recognized for 5 minutes each. ly in rallying support for NAFTA. could, in fact, be the gateway to the f The gentleman from Arizona [Mr. Pacific rim and Latin America. KOLBE] and I and a couple of others in- California’s No. 1 trading partner is The SPEAKER pro tempore. Under a troduced legislation calling for the Japan, with exports of $22.5 billion last previous order of the House, the gen- limitation of the tariff barriers for the year. Japanese-owned companies em- tleman from New York [Mr. OWENS] is North American Free-Trade Agreement ploy 150,000 Californians in electronics, recognized for 5 minutes. 8 years ago. I spent the last 7 days with entertainment, and computers, among [Mr. OWENS addressed the House. Mr. GIBBONS and Mr. MATSUI and mem- other industries. If you add in the sup- His remarks will appear hereafter in bers of the Committee on Ways and pliers, there are a quarter of a million the Extensions of Remarks.] Means before completion of the Uru- California jobs which are tied directly f guay round of the General Agreement to Japanese investment. on Tariffs and Trade, an agreement Sixty-two percent—62 percent, Mr. TRADE WITH JAPAN which creates an opportunity among Speaker—of California’s exports go di- The SPEAKER pro tempore. Under 124 nations in the world to create the rectly to the Pacific rim; 692,000 jobs in the Speaker’s announced policy of May free flow of goods and services. California are supported by Pacific rim 12, 1995, the gentleman from California Of course, on China policy, I strongly trade, and it is very important to note [Mr. DREIER] is recognized for 60 min- supported Mr. HAMILTON’s language in that every single country, every single utes as the designee of the majority the past because exposure to Western country in the Pacific rim has stated leader. values is what will enhance the human its very strong opposition to President Mr. DREIER. Mr. Speaker, I have rights situation that exists in China. I Clinton’s plan to impose this 100 per- taken this time out today to relate to believe very strongly in that. cent tariff. our colleagues some remarks that I My past support for the President’s The State of California has a great made late last week; actually it was trade policies has been based clearly on deal to lose and very little to gain from Thursday morning, the speech that I our goal of increasing jobs and living the policies which President Clinton gave downtown. It has to do with an standards both in the United States has proposed. The auto industry in issue which quite frankly is rather sen- and throughout the world, improving California is more closely tied to sitive and delicate and controversial. It the qualify of life by reducing trade Tokyo than it is to Detroit. The Japa- is the proposed imposition of 100 per- barriers and increasing commerce, the nese companies targeted by the Presi- cent tariff on the importation of auto- free flow of goods and services. dent’s sanctions have invested over $2 mobiles from Japan to the United Mr. Speaker, while I part company billion in California, directly creating States. with the President on the policy that over 13,000 private sector jobs; each Mr. Speaker, I was careful in making he has stated calling on June 28 for the company targeted, each company that these remarks last Thursday morning. imposition of this 100-percent tariff, has been targeted by the President’s I made them before the President left the President has actually parted com- proposed imposition of this 100 percent for his meeting in Halifax with Prime pany with the free trade principles tariff is headquartered in California. Minister Murayama, and I also have which we have pursued vigorously for Another 28,640 are employed by dealers been very careful to make these re- his entire Presidency up to this point. that sell cars imported from Japan. marks today only after the President I share the President’s broad goal of Mr. Speaker, I believe that it is returns. So I have not said these things breaking down tariff barriers in Japan criminal to discriminate against Cali- while the President was out of the so that we can gain greater access to fornia workers simply because the country, recognizing Senator Van Den that market. However, the specified companies they work for are based in Berg’s great recognition that partisan- U.S. demands on auto parts purchases Tokyo rather than Detroit. The admin- ship ends at the water’s edge. and dealership access are clearly re- istration’s sanctions threaten 12,000 I have been very proud to have been pugnant to those of us who stand for middle income workers in dealerships one of the President’s strongest sup- free trade. and many more in California’s ports porters when it has come to trade pol- The administration has made tac- and within advertising firms. icy. I am a Republican, and I have been tical blunders regarding the timing and Mr. Speaker, these Americans have criticized by some of my Republican direction of this effort. The short-term done nothing, they have done abso- colleagues here and throughout the economic impact of implementing lutely nothing to deserve unemploy- country for having strongly supported trade sanctions, especially from my ment. Of course, the greatest fear of all June 19, 1995 CONGRESSIONAL RECORD — HOUSE H 6087 is recognition that the President is I regularly congratulated the Presi- political weakness makes success more playing with fire with his proposed dent, in fact one of the most passionate likely, the opposite is the case. The ar- plan. An escalating trade war with speeches I ever heard him deliver was gument that she has made is that po- Japan, which virtually everyone has just before passage of the North Amer- litical division within Japan will some- said is a possibility, with the discus- ican Free Trade Agreement when how lead them to break down on this sion of this possibility, an escalating former Presidents and other officials issue is wrong; again, the opposite is trade war with Japan would devastate stood in the East Room of the White the case. California and clearly threaten the House. The President’s speech was su- The economic reality in Japan re- economic future of the largest State in perb and very, very heart felt. veals the fraud of those who claim the the Union. The administration in pursuing those Japanese economic and trade policies Mr. Speaker, balancing trade by sec- policies took on the traditional projec- have enriched Japan at our expense. tor is playing bad policy. The trade im- tionist factions within their own politi- There are many people out there who balance between the United States and cal party. However, the thing that con- regularly argue that Japan has been Japan is primarily a reflection of Japa- cerned me greatly was that they pur- greatly enriched at our expense, but let nese weakness, not strength. We should sued these things when it came to deal- us look at what has happened in Japan support openness in the Japanese econ- ing with the issue of trade; but with over the past several years. Japan has omy, and we all share that same goal, the election on the horizon, they seem had 4 years of flat economic growth, but we should not support balanced to be shifting back to what admittedly unlike the kind of growth that we are trade. The administration has gone be- is a popular policy. It appears that now experiencing here in the United yond the mistaken policy of trying to they are now moving in a direction States. Japan has undergone 4 years of balance trade between our two coun- that many feared when neo-projection- flat economic growth. This year alone tries, and they are now making the ists within the administration, like the stock market in Japan has dropped case that we should have balanced Robert Reich and Laura Tyson and oth- by nearly a third to its lowest point trade in one sector, the auto sector. ers were named to senior positions since 1983. The appreciation in the yen That is the only place we should have from the beginning. has made it very unprofitable for Ja- balanced trade. Rather than pursuing further broad, pan’s businesses to export. Japanese This route is a bad one. Heading free trade initiatives, they appear to banks hold $476 billion in bad loans. down this path is clearly a very poor have adopted a polticial trade strategy Mr. Speaker, $476 billion, let us com- policy. And the best way to look at intended to appeal to that labor base pare that to the cost of the savings and that is the President proposes to move within the Democratic Party and to loan debacle here in the United States, only in the auto sector is, let us see make the President look tough on deal- the cost of which was $150 billion. So what would happen if the Japanese ing with Japan. obviously Japanese financial institu- made the decision to do the same thing The first inclination of most Ameri- tions are faced with very serious prob- to us. What would we as a country say cans is to be critical of Japan. I admit lems. if Japan extended this policy to some that as I stand here right now, I am And it is important for us to note the of the large exporters in our Nation’s taking what is perceived as being the present amounts of money that have greatest State of California. politically unpopular position. But I been made by United States businesses Well, the motion picture industry, clearly believe that the goal of penaliz- when so much of the real estate mar- Mr. Speaker, the motion picture indus- ing American consumers and workers ket during the 1980’s was sold to Japan. try enjoys a $1 billion, a $1 billion bi- with the planned imposition of this 100 Remember, Mr. Speaker, how people lateral trade surplus with Japan. What percent tariff is wrong. We learn were outraged at the fact that Japan would we say if the Japanese made the throughout history that tariffs have, in would own so much of what is here in same mistake, same statement of us fact, diminished the standard of living, the United States. They purchased that we are of them on auto policy? Ob- going all the way back to when me po- Rockefeller Center, a wide range of viously, we would not stand for it. The litical party supported the Smoot- other real estate investments during agriculture industry in this country Hawley Tariff Act at the beginning of the 1980’s, and I think everyone has has a $9.2 billion bilateral trade surplus the Depression in hopes that it would recognized that real estate values have with Japan, and the aerospace industry somehow shorten the Depression. Vir- dropped dramatically over the past sev- has a $3.1 billion trade surplus with tually every economist has agreed that eral years, a tremendous loss to those Japan. the Smoot-Hawley Tariff Act exacer- Japanese investors. Service industries are on the cutting bated the Great Depression, in the So this argument that Japan is edge of California’s export industries. same way this politically popular pol- greatly taking advantage of the United Requiring a bilateral trade balance in icy that the President is pursuing cre- States is unfounded. Economic weak- each service sector would stifle our ates the potential for a very serious ness in Japan, however, Mr. Speaker, service exports to Japan, and it would trade war. hurts this country by placing a overall be wrong. And that is exactly what we The result, Mr. Speaker, is bad for- drag on the international economy. Re- are trying to do in the area of autos eign policy that threatens our long- member, we are living with a global with this policy. term interests in Asia and bad eco- economy today. Of all industries to The thing that really saddens me nomic policy that threatens the trade pick a fight with, it is incredibly ironic greatly, Mr. Speaker, is that we have policy gains over the past 2 years. that U.S. automakers would be the tar- observed a transition, a transition that Those gains that we have made over get. Why? Because they are very has taken place within this administra- the past 2 years have been modeled healthy. We all know that United tion’s policy from what I know you, after the fact that the United States of States automobile manufacturers in Mr. Speaker, and I agree has been very America has recognized that we live in large part, despite competition from good trade policy. It is has garnered bi- a global economy, and breaking down the Japanese auto manufacturers, have partisan support. The transition has these barriers is obviously the wave of had tremendous profits, record profits been good trade policy to good trade the future. This policy as announced by just this past year. politics. The Clinton administration the President is clearly a retrograde But, Mr. Speaker, not everyone earned the strong support of those of us step on the whole issue of free trade. knows that two of the three largest who are free traders in both parties It is often said that only Richard auto manufacturers in Japan have lost over the past couple of years because of Nixon could open up ties with China. It money in the last year. the fact that we were able to work to- takes strong leadership to undertake Ambassador Walter Mondale, former gether in a bipartisan way on the bold and dramatic initiatives. Up to Vice President, our Ambassador to North American Free Trade Agree- this point, that is exactly what Presi- Japan, is now reported to believe that ment, on completion of the Uruguay dent Clinton has done in the area of the new generation of Japanese Gov- round on the General Agreement on trade. Statements by people in the ad- ernment bureaucrats desires to see Tariffs and Trade and for a sound ministration like Laura Tyson who in- Japan lean more toward Asia than to- China policy. dicate that they believe the Japanese ward the United States. And they are H 6088 CONGRESSIONAL RECORD — HOUSE June 19, 1995 bolstered by this conflict, those within States and Japan and potential other flow of goods, services, ideas. That is Japan who would choose to lean toward nations. what this agreement among 124 nations the other very successful nations with- In the words of my colleague, DAVID is doing. And in China, exposure to in the Pacific rim. Those people are OBEY, and I quote: Western values, getting our ideas into bolstered by this proposed imposition I think most of us learned some time ago China, that is what will help the very of a 100-percent tariff. that if you don’t like the President’s posi- serious human rights situation that ex- Mr. Speaker, this would be extraor- tion on a particular issue, you simply need ists there, and this President has wise- dinarily detrimental to U.S. interests to wait a few weeks. ly acknowledged that. in Asia. Well, I have been holding out hope Mr. Speaker, let us not as a nation One of the things that I think is a that that Obey quote was right on tar- move backward to the days of Smoot- rather remarkable twist in the whole get. But as June 28 rapidly approaches, Hawley when we look at the issue of a managed trade plan, the Clinton ad- it appears that we are not taking the global economy. We are 5 years away ministration does not want the Japa- kind of positive shift that in this case from the millennium. Clearly the Unit- nese Government to manage auto mak- I believe would help us greatly. ed States of America is the world’s ers. And yet this administration wants There is always hope, though, that only complete superpower. We face our Government, our Government to the administration will come to its very serious problems throughout the senses, focus on negotiating objectives manage the Japanese automakers. world. The primary sticking points that are that the Japanese Government can ac- We have stood in a bipartisan way for driving us toward the job killing sanc- complish, and move away from these free trade. This proposed policy is 180 tions involve auto parts and auto deal- sector-by-sector specific negotiations degrees from that. I hope very much, to broad deregulation and antitrust en- erships. In auto parts, the administra- Mr. Speaker, that this administration forcement in Japan, which we strongly tion wants the Japanese automakers to will change the policy and continue to support. We strongly support those purchase certain amounts of United work on other methods to break down kinds of things, so that we will have an States parts. barriers and create an opportunity for opportunity to gain further access to us to gain access to the consumer mar- b 1230 that market. That is why several years ago I fol- ket in Japan. On auto dealerships, the administra- f tion wants the Japanese auto compa- lowed the trade subcommittee chair- nies to require 1,200 of their dealers in man, the gentleman from Illinois [Mr. RECESS CRANE] by introducing legislation call- Japan to sell United States cars. The SPEAKER pro tempore (Mr. Mr. Speaker, these demands do not ing for a United States-Japan free trade agreement. We know that they SHAYS). Pursuant to clause 12 of rule I, involve Japanese Government action. the Chair declares the House in recess They require action from Japanese have access to our market. We want to gain access to theirs, but increasing subject to the call of the Chair. businesses. It should not be surprising these tariffs is clearly wrong. Accordingly (at 1 o’clock and 37 min- that the administration’s proposed We cannot lose sight of the fact that utes p.m.), the House stood in recess sanctions target the companies they the United States economy is healthier subject to the call of the Chair. want to coerce into an agreement. In and better prepared to move into the f fact, the administration is targeting 21st century than the Japanese econ- b Toyota and not Tokyo. omy is. We should not move away from 1756 This proposed plan is, all the way the openness that has made us as a na- around, a lose-lose-lose trade policy. If REPORT ON RESOLUTION PROVID- tion strong, even in an effort to move ING FOR CONSIDERATION OF the administration wins in this show- Japan toward a policy that will make down, it bolsters the popularity of H.R. 1854, LEGISLATIVE BRANCH it strong. APPROPRIATIONS ACT, 1996 trade policies that threaten our Na- The President has just completed his tion’s long-term trade and foreign pol- meeting with Prime Minister Mr. DIAZ-BALART, from the Com- icy interests. Imposing sanctions that Murayama, and we know that coming mittee on Rules, submitted a privi- clearly violate the World Trade Organi- up our Trade Representative, Mr. leged report (Rept. No. 104–146) on the zation rules puts us in a position to Kantor, will be meeting with Mr. resolution (H. Res. 169) providing for lose the first major case before the Hosokawa and we hope very much that consideration of the bill (H.R. 1854) World Trade Organization. this will be resolved. making appropriations for the legisla- What does this do? Well, it plays into But the threat of imposition of these tive branch for the fiscal year ending the hands of the Ross Perots and Pat sanctions is a wrong policy. It is a September 30, 1996, and for other pur- Buchanans and Ralph Naders of the wrong way to do business. I know it is poses, which was referred to the House world, clearly undermining the poten- politically popular here in the United Calendar and ordered to be printed. tial for future multilateral trade agree- States, but we have to look at the fact f ments. that we are playing with fire, Mr. Mr. Speaker, our allies and trading Speaker, and this policy creates the po- SPECIAL ORDERS GRANTED partners around the world are unified tential for very serious problems not By unanimous consent, permission to in opposition to the unilateral sanc- only here in the United States and address the House, following the legis- tions policy because every government Japan but throughout the world. lative program and any special orders invested significant political capital in My request, Mr. Speaker, is that this heretofore entered, was granted to: implementing a stronger multilateral administration go back to the great (The following Member to revise and trade regime which is designed to free trade policies which have played a extend his remarks and include extra- break down tariff barriers, improve the role in enhancing the economy of the neous material:) quality of life for working and consum- United States, those policies being the Mr. OWENS, for 5 minutes, today. ing Americans and for peoples through- breaking down of barriers within Latin f out the world in developing nations. America with implementation of the Now the United States of America is North American Free Trade Agree- EXTENSION OF REMARKS proposing to ignore that newly estab- ment, establishment of the WTO, and By unanimous consent, permission to lished policy. completion of the Uruguay round of revise and extend remarks was granted Don’t overlook the possibility, Mr. the General Agreement on Tariffs and to: Speaker, and it saddens me again to Trade, which among 124 countries is (The following Member (at the re- say this, but don’t overlook the possi- continuing to pursue the goals that quest of Mr. DREIER) and to include ex- bility that the administration’s policy were established in 1947 when the traneous matter:) could, as I was saying a few minutes GATT went into place. That goal is Mr. BAKER of California. ago, spin out of control and set off a very simply breaking down barriers. (The following Members (at the re- very destabilizing economic and politi- My party and I believe this Nation quest of Mr. DIAZ-BALART) and to in- cal confrontation between the United strongly stands for freedom, the free clude extraneous matter:) June 19, 1995 CONGRESSIONAL RECORD — HOUSE H 6089

Mr. RICHARDSON in two instances. riod, pursuant to 5 U.S.C. app. (Insp. Gen. H.R. 1749: Mr. BROWN of Ohio, Mr. MEEHAN, Mrs. SCHROEDER. Act) section 5(b); to the Committee on Gov- Mr. LOBIONDO, Mr. ZELIFF, Mr. BARRETT of Mr. EHRLICH. ernment Reform and Oversight. Wisconsin, Mr. ROHRABACHER, Mr. MARKEY, 1072. A letter from the Assistant Secretary Mr. LIPINSKI. Mr. LUTHER, Mr. NADLER, Mr. ENGEL, and for Legislative Affairs, Department of the Mr. SANDERS. Mr. LANTOS. Treasury, transmitting a State-by-State and H.R. 1797: Mr. FRANK of Massachusetts. Mr. HAMILTON. district-by-district analysis of the Senate H.R. 1885: Mr. EMERSON, Mr. KIM, Mr. f budget resolution’s impact on the earned in- LATHAM, and Mr. LATOURETTE. come tax credit [EITC], prepared by Treas- f ADJOURNMENT ury’s Office of Economic Policy; to the Com- Mr. DIAZ-BALART. Mr. Speaker, I mittee on Ways and Means. PETITIONS, ETC. 1073. A communication from the President Under clause 1 of rule XXII, move that the House do now adjourn. of the United States, transmitting a letter to 25. The SPEAKER presented a petition of The motion was agreed to; accord- the Speaker of the House of Representatives, the council of the city of Toledo, OH, rel- ingly (at 5 o’clock and 58 minutes with respect to the New Hampshire agree- ative to defeating any proposal to repeal or p.m.), under its previous order, the ment; jointly, to the Committees on House weaken the assault weapons ban; which was House adjourned until tomorrow, Tues- Oversight and Rules. referred to the Committee on the Judiciary. day, June 20, 1995, at 9 a.m. f f f REPORTS OF COMMITTEES ON AMENDMENTS EXECUTIVE COMMUNICATIONS, PUBLIC BILLS AND RESOLUTIONS ETC. Under clause 6 of rule XXIII, pro- Under clause 2 of rule XIII, reports of posed amendments were submitted as Under clause 2 of rule XXIV, execu- committees were delivered to the Clerk follows: for printing and reference to the proper tive communications were taken from H.R. 1854 calendar, as follows: the Speaker’s table and referred as fol- OFFERED BY: MR. ANDREWS Mr. DIAZ–BALART: Committee on Rules. lows: AMENDMENT NO. 2: Page 26, beginning on House Resolution 169. Resolution providing 1065. A letter from the Acting Assistant line 12, strike ‘‘operation and maintenance of for the consideration of the bill (H.R. 1854) Secretary for Legislative Affairs, Depart- the American Folklife Center in the Li- making appropriations for the legislative ment of State, transmitting notification of brary;’’. the Department’s intent to reprogram $2.0 branch for the fiscal year ending September Page 26, line 19, strike ‘‘$211,664,000’’ and million in fiscal year 1995 funds made avail- 30, 1996, and for other purposes (Rept. 104– insert ‘‘210,544,000’’. 146). Referred to the House Calendar. able under chapter 4 of part II of the act for H.R. 1854 f assistance to the Middle East multilateral OFFERED BY: MR. FAZIO peace process, pursuant to section 515 of the AMENDMENT NO. 3: On page 15, line 8, strike Foreign Operations, Export Financing, and PUBLIC BILLS AND RESOLUTIONS all after the word ‘‘House’’ through the word Related Programs Act, 1995; to the Commit- Under clause 5 of rule X and clause 4 ‘‘1986’’ on line 10. tee on Appropriations. of rule XXII, public bills and resolu- H.R. 1854 1066. A letter from the Acting Director, De- tions were introduced and severally re- fense Security Assistance Agency, transmit- OFFERED BY: MR. ZIMMER ferred as follows: ting notification concerning cooperative pro- AMENDMENT NO. 4: Page 49, after line 25, in- duction of radar system improvements for By Mr. CRANE: sert the following new section: the E–3 aircraft with the NATO Airborne H.R. 1887. A bill to authorize appropria- SEC. 312. Any amount appropriated in this Early Warning and Control [AEW&C] Pro- tions for fiscal years 1996 and 1997 for the Act for ‘‘HOUSE OF REPRESENTATIVES— gramme Management Organization International Trade Commission, the Cus- Salaries and Expenses—Members’ Represen- [NAPMO], (Transmittal No. 08–95), pursuant toms Service, and the Office of the U.S. tational Allowances’’ shall be available only to 22 U.S.C. 2767(f); to the Committee on Trade Representative, and for other pur- for fiscal year 1996. Any amount remaining International Relations. poses; to the Committee on Ways and Means. after all payments are made under such al- 1067. A letter from the Acting Assistance By Mr. RICHARDSON: lowances for such fiscal year shall be depos- Secretary for Legislative Affairs, Depart- H.R. 1888. A bill to add native American ited in the Treasury, to be used for deficit re- ment of State, transmitting a report on mis- members to the Advisory Commission on duction. sile proliferation, pursuant to 22 U.S.C. Intergovernmental Relations, and for other H.R. 1868 purposes; to the Committee on Government 2797b(a)(1); to the Committee on Inter- OFFERED BY: MR. ANDREWS Reform and Oversight. national Relations. AMENDMENT NO. 4: Page 4, strike line 15 1068. A letter from the Assistant Secretary f and all that follows through page 5, line 6. of State for Legislative Affairs, transmitting H.R. 1868 copies of the original report of political con- MEMORIALS OFFERED BY: MR. BURTON OF INDIANA tributions for the following: John Todd Under clause 4 of rule XXII, Stewart, of California, (Republic of AMENDMENT NO. 5: Page 13, line 9, strike 115. The SPEAKER presented a memorial Moldova); Victor Jackovich, of Iowa, (Repub- ‘‘$465,740,000’’ and insert ‘‘$396,770,250’’. of the House of Representatives of the State lic of Slovenia); John Raymond Malott, of H.R. 1868 of Alabama, relative to reclaiming State Virginia, (Malaysia); John K. Menzies, of sovereignty under the 10th amendment to OFFERED BY: MR. BURTON OF INDIANA Virginia, (Republic of Bosnia and the U.S. Constitution for the State of Ala- AMENDMENT NO. 6: Page 13, line 9, strike Herzegovina); and Kenneth Michael Quinn, of bama; to the Committee on the Judiciary. ‘‘$465,740,000’’ and insert ‘‘$432,000,000’’. Iowa, (Cambodia); and members of their fam- H.R. 1868 ilies, pursuant to 22 U.S.C. 3944(b)(2); to the f Committee on International Relations. OFFERED BY: MS. ROS-LEHTINEN 1069. A letter from the Auditor, District of ADDITIONAL SPONSORS AMENDMENT NO. 7: Page 78, after line 5, in- Columbia, transmitting a copy of a report Under clause 4 of rule XXII, sponsors sert the following new section: entitled ‘‘Implementation of the Govern- were added to public bills and resolu- LIMITATION ON USE OF FUNDS BY RUSSIA FOR ment Managers Accountability Act of 1995 tions as follows: CONSTRUCTION OF JURAGUA NUCLEAR POWER and the Merit Personnel Law,’’ pursuant to PLANT IN CIENFUEGOS, CUBA H.R. 42: Mr. MOAKLEY and Mr. FAZIO of D.C. Code, section 47–117(d); to the Commit- California. SEC. 564. None of the funds made available tee on Government Reform and Oversight. H.R. 713: Mr. LATOURETTE. in this Act for assistance in support of the 1070. A letter from the Auditor, District of H.R. 773: Mr. BEREUTER. Government of Russia may be used for the Columbia, transmitting a copy of a report H.R. 810: Mr. BOEHLERT. construction of the Juragua nuclear power entitled ‘‘Fiscal Year 1992 Annual Report on H.R. 927: Mr. KIM and Mr. CHABOT. plant in Cienfuegos, Cuba. Advisory Neighborhood Commissions,’’ pur- H.R. 1150: Mr. FRAZER, Mr. BARRETT of Wis- H.R. 1868 suant to D.C. Code, section 47–117(d); to the consin, and Mr. SANDERS. OFFERED BY: MS. ROS-LEHTINEN Committee on Government Reform and H.R. 1462: Mr. SERRANO, Mr. VENTO, Mr. AMENDMENT NO. 8: Page 78, after line 5, in- Oversight. BORSKI, Mr. DEFAZIO, Mr. MINETA, Mr. sert the following new section: 1071. A letter from the Director, Office of SCHIFF, Mrs. THURMAN, and Ms. VELAZQUEZ. Personnel Management, transmitting the H.R. 1533: Mr. STUPAK, Mr. MARTINI, and REDUCTION OF FUNDS FOR RUSSIA IN AMOUNT semiannual report on the activities of the Mr. UPTON. PROVIDED FOR CONSTRUCTION OF JURAGUA Department’s inspector general for the pe- H.R. 1557: Mr. ROYCE. NUCLEAR POWER PLANT IN CIENFUEGOS, CUBA riod October 1, 1994, through March 31, 1995, H.R. 1735: Mr. KENNEDY of Rhode Island and SEC. 564. (a) IN GENERAL.—The funds other- and the management report for the same pe- Ms. NORTON. wise provided in this Act for the Government H 6090 CONGRESSIONAL RECORD — HOUSE June 19, 1995 of Russia under the heading ‘‘Assistance for onstrates that poverty reduction is Budget Act of 1974 to the subcommittee of the New Independent States of the Former central to the allocation of the re- the Committee on Appropriations with juris- Soviet Union’’ shall be reduced by an sources of the International Develop- diction over this Act minus the aggregate amount equal to the amount of funds pro- ment Association. The report shall give level of new budget authority and outlays re- vided by such Government for the construc- sulting from the enactment of this Act, as tion of the Juragua nuclear power plant in particular attention to the extent to calculated by the Director of the Office of Cienfuegos, Cuba. which lending by the International De- Management and Budget. (b) EXCEPTION.—The reduction provided for velopment Association is addressing (d) USE OF MONEYS IN FUND.— by subsection (a) shall not apply if the Presi- the most serious barriers to sustained (1) IN GENERAL.—Except as provided in dent certifies to the Congress that a restora- poverty reduction, including the extent paragraph (2), the amounts in the Fund shall tion of the funds is required by the national to which the International Develop- not be available, in any fiscal year, for ap- security interest of the United States. ment Association is using poverty-tar- propriation, obligation, expenditure, or H.R. 1868 geted interventions. transfer. OFFERED BY: MS. ROS-LEHTINEN H.R. 1868 (2) USE OF AMOUNTS FOR REDUCTION OF PUB- AMENDMENT NO. 9: Page 16, line 24, strike OFFERED BY: MR. ZIMMER LIC DEBT.—The Secretary of the Treasury ‘‘$595,000,000’’ and insert ‘‘$355,000,000’’. shall use the amounts in the Fund to re- AMENDMENT NO. 12: Page 78, after line 8, H.R. 1868 deem, or buy before maturity, obligations of add the following new title: OFFERED BY: MS. ROS-LEHTINEN the Federal Government that are included in TITLE VI—DEFICIT REDUCTION the public debt. Any obligation of the Fed- AMENDMENT NO. 10: Page 16, line 24, strike LOCKBOX eral Government that is paid, redeemed, or ‘‘$595,000,000’’ and insert ‘‘$416,500,000’’. DEFICIT REDUCTION TRUST FUND; DOWNWARD bought with money from the Fund shall be H.R. 1868 ADJUSTMENTS IN DISCRETIONARY SPENDING canceled and retired and may not be issued. OFFERED BY: MR. SANDERS LIMITS (e) DOWNWARD ADJUSTMENTS IN DISCRE- AMENDMENT NO. 11: Page 78, after line 5, in- SEC. 601. (a) ESTABLISHMENT.—There is es- TIONARY SPENDING LIMITS.—Upon the enact- sert the following new section: tablished in the Treasury of the United ment of this Act, the Director of the Office REPORT ON USE OF RESOURCES OF THE INTER- States a trust fund to be known as the ‘‘Defi- of Management and Budget shall make NATIONAL DEVELOPMENT ASSOCIATION FOR cit Reduction Trust Fund’’ (in this title re- downward adjustments in the adjusted dis- POVERTY REDUCTION ferred to as the ‘‘Fund’’). cretionary spending limits (new budget au- SEC. 564. Not later than December 31, (b) CONTENTS.—The Fund shall consist only thority and outlays) as set forth in section 1995, the Secretary of the Treasury of amounts transferred to the Fund under 601(a)(2) of the Congressional Budget Act of shall prepare and submit to the Com- subsection (c). 1974 for each of the fiscal years 1996 through (c) TRANSFERS OF MONEYS TO FUND.—For 1998 by the aggregate amount of estimated mittee on Banking and Financial Serv- each of fiscal years 1996 through 1998, the reductions in new budget authority and out- ices of the House of Representatives Secretary of the Treasury shall transfer to lays transferred to the Fund under sub- and the Committee on Foreign Rela- the Fund an amount equal to the allocations section (c) for such fiscal year, as calculated tions of the Senate a report that dem- under section 602(b)(1) of the Congressional by the Director. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, MONDAY, JUNE 19, 1995 No. 100 Senate

The Senate met at 12 noon and was of the aisle. We appreciate their ef- I suggest the absence of a quorum. called to order by the President pro forts, and we will be working with The PRESIDENT pro tempore. The tempore [Mr. THURMOND]. them in the weeks ahead. clerk will call the roll. f PRAYER The legislative clerk proceeded to call the roll. The Chaplain, Dr. Lloyd John SCHEDULE Ogilvie, offered the following prayer: Mr. DOLE. Mr. President, today, Mr. DOLE. Mr. President, I ask unan- Almighty God, whose chosen dwell- there will be a period for the trans- imous consent that the order for the ing is the mind that is completely open action of morning business until the quorum call be rescinded. to You and the heart that is unre- hour of 1 p.m. Following morning busi- The PRESIDING OFFICER (Mr. servedly responsive to You, we thank ness, the Senate will resume consider- SHELBY). Without objection, it is so or- You that our desire to find You is be- ation of S. 440, the National Highway dered. cause You already have found us. Our System bill. The cloture vote on the f prayers are not to get Your attention, motion to proceed to the highway bill, but because You have gotten our atten- originally scheduled today at 3 o’clock, RECESS UNTIL 1 P.M. tion. You always are beforehand with has been vitiated. There will be no roll- us with prevenient, providential initia- call votes today. We have been able to Mr. DOLE. Mr. President, I have tive. Our longing to know Your will is work out a process where we do not asked on each side of the aisle, and ap- because You have solutions for our need the cloture vote. We notified ev- parently there is no request for the problems to impart to us. You place be- erybody Friday afternoon, so I do not transaction of routine morning busi- fore us people and their problems and think anybody was unaccommodated ness. Rather than having the Senate potentials because You want to bless because of that change. wait until 1 o’clock, tying up the staff them through our prayers for them and We will have amendments this after- on the floor, we will recess. what You want us to do and say to en- noon and debate on amendments. If However, at 1 o’clock, we will go on courage and uplift them. there are rollcall votes requested on S. 440. We will be on the bill. The challenges before us today and any amendments, they will occur to- I move the Senate stand in recess this week dilate our mind’s eye because morrow morning. We hope to get an until 1 o’clock. At 1 o’clock, we will be You have solutions ready to unfold and agreement on amendments, if we can, on S. 440. I hope and request that the implement through us. You consist- this afternoon. managers be here at that time with ently know what we need before we ask This is an important bill. We would amendments. You. Keep our minds riveted on You like to finish consideration of the bill The motion was agreed to. and our wills responsive to Your direc- tomorrow evening, if possible. I know tion. We want Your best in everything the managers will be on the floor at 1 Thereupon, the Senate, at 12:21 p.m., for our beloved Nation. Bless the Sen- o’clock. There are a number of key recessed until 1:02 p.m.; whereupon, the ators and all who work with them as amendments, but beyond that, we do Senate reassembled when called to they seek to keep America good, so not see any real problems with the bill order by the Presiding Officer [Mr. that she may continue to be great for now that we have agreed on the Davis- CHAFEE]. Your glory. In Your holy name. Amen. Bacon amendment. That has been with- The PRESIDING OFFICER. In my f drawn from this bill. That debate will capacity as a Senator from the State of happen in a more general way on a Rhode Island, I suggest the absence of RECOGNITION OF THE MAJORITY later bill coming from the Labor Com- a quorum. LEADER mittee. The clerk will call the roll. The PRESIDENT pro tempore. The So I urge my colleagues on both The assistant legislative clerk pro- able majority leader is recognized. sides, if you have amendments to S. ceeded to call the roll. f 440, to contact the managers so that we can move as quickly as we can this Mr. THOMAS. Mr. President, I ask WELCOME TO THE NEW PAGES afternoon and this evening on debating unanimous consent that the order for Mr. DOLE. Mr. President, first, I wel- some of the amendments. If rollcall the quorum call be rescinded. come all the new pages. I think we votes are requested, they will occur to- The PRESIDING OFFICER. Without have a new class of pages on each side morrow. objection, it is so ordered.

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

S 8597 S 8598 CONGRESSIONAL RECORD — SENATE June 19, 1995 MORNING BUSINESS When there is discussion of a bal- What we are not told is in the last 3 Mr. THOMAS. Mr. President, I ask anced budget amendment, we always years the discretionary budget is cut unanimous consent that we have morn- hear people say: I am for a balanced by $178 billion, so basically almost all ing business for not to exceed 5 min- budget; I sure want a balanced budget, of the cuts come in the last 3 years, not utes. but we do not need an amendment; all in the early years. The PRESIDING OFFICER. Without we have to do is do it. We are told there are no cuts in de- objection, it is so ordered. Well, we have a chance to come to fense, but after the year 2005, there are (The remarks of Mr. THOMAS pertain- the snubbing post this time and figure an additional $65 billion in defense ing to the introduction of S. 943 are lo- out if we can do it. And we have before cuts. Most of the discussion this year cated in today’s RECORD under ‘‘State- us from the Senate as well as the has been that this is not a peaceful ments on Introduced Bills and Joint House potential outlines that do bal- world, and it is not a time to continue Resolutions.’’) ance the budget. to reduce defense expenditures. Not only is balancing the budget im- f In addition, what was not said in the portant, Mr. President, but I think President’s budget was in the last 3 WAS CONGRESS IRRESPONSIBLE? also, of course, the budget and spend- years Medicare is cut by $167 billion, THE VOTERS HAVE SAID YES ing and taxes help to shape the form of more than all of the proposed cuts in Government. I think they respond to the first 7 years. Mr. HELMS. Mr. President, more what I believe was a very clear state- than 3 years ago, I began these daily So I think it is fair to say that this ment of the voters in 1994 that Govern- budget proposal is endloaded. Even the reports to the Senate to make a matter ment is too big and spends too much. of record the exact Federal debt as of Washington Post, which is not exactly And certainly the test of good Govern- a pillar of conservatism, indicates that close of business the previous day. On ment is whether or not the Govern- Mondays, of course, my reports are al- given more time, it is always easier to ment responds when voters have sent do the budget reduction. ways ‘‘as of’’ the previous Friday. that sort of a message. So nothing will As of the close of business Friday, A full 85 percent of the President’s be more important than the budget dis- June 16, the Federal debt stood at ex- promised reductions would occur in the cussions this year and the result of actly $4,892,368,600,316.89. On a per cap- next century. I would argue that those deliberations. chances are pretty good before we come ita basis, every man, woman, and child I am pleased to welcome the Presi- to actually paying for the changes we in America owes $18,571.52 as his or her dent of the United States to the budget ask for, there will be other changes. In share of the Federal debt. debate. I am disappointed that it took the next 7 years, as a matter of fact, It is important to recall, Mr. Presi- this long for him to participate in it. the promises made in the President’s dent, that the Senate this year missed He sort of falls into the follow-the- budget for cuts are slightly smaller an opportunity to implement a bal- leader type of concept. anced budget amendment to the U.S. I am disappointed that the budget than the budget he submitted in Feb- Constitution. Regrettably, the Senate recommended by the administration ruary. failed by one vote in that first attempt does not, in fact, balance the budget, So Martha Phillips, who is the execu- to bring the Federal debt under con- even though it is extended to a period tive director of the Concord Coalition, trol. of 10 years. I am also disappointed that said, ‘‘It is a funny thing about those There will be another opportunity in it appears to yield to the political no- elusive outyears; they never seem to the months ahead to approve such a tion of endloading, where almost all of arrive.’’ constitutional amendment. the pain is somewhere in the future, I think one of the difficulties, Mr. Mr. THOMAS. Mr. President, I sug- somewhere 10 years from now, which President, in recent years—perhaps al- gest the absence of a quorum. puts balancing the budget at great ways, but it seems particularly ironic The PRESIDING OFFICER. The risk. It’s likely that in the next 10 now—is that in an era in which we have clerk will call the roll. years there will be another budget and the greatest, quickest communications The assistant legislative clerk pro- all the benefits will come early and the system the world has ever known, it is ceeded to call the roll. price we have to pay for it as taxpayers very, very difficult to get facts to you Mr. THOMAS. Mr. President, I ask will not show up until later and the and me as voters in Casper, WY; that unanimous consent that the order for budget ends up never being balanced. the information is usually put forth by the quorum call be rescinded. So, Mr. President, I am glad we are advocates on either side and spun The PRESIDING OFFICER. Without launched. I am glad the President of whichever way they choose to spin it objection, it is so ordered. the United States has come into the to where it is extremely difficult for f discussion. However, the Congress has people to really get a handle on what is already done most of the heavy lifting happening. EXTENSION OF MORNING by passing a balanced budget weeks I noticed in just the last couple of BUSINESS ago. I am very proud of what the Sen- months that the folks who come to our Mr. THOMAS. I ask unanimous con- ate did. I am not on the Budget Com- office who belong to nationwide organi- sent that we extend morning business mittee, but I think Senator DOMENICI zations usually get a briefing. Frankly, for 10 minutes. and others came face up to the task, when they come to the office and ex- The PRESIDING OFFICER. Without and their cuts start soon; they start to plain their point of view from the basis objection, it is so ordered. do what has to be done without putting of the briefing, you hardly recognize it Mr. THOMAS. I thank the Chair. it off the way the President does—the from what you have seen in the budget. f political way of tough talk, the politi- What we need more than anything, of cal way of giving the benefits and course, is really straight talk, some BALANCING THE BUDGET doing the tax adjustments early on and real facts. The idea that we are going Mr. THOMAS. Mr. President, I would letting the hard work, the heavy lifting to balance the budget with no pain is like to take an opportunity as we wait go until later, make it until even after an illusion. Of course, there is going to to go on the highway bill to talk a bit the turn of the century, which is only be some pain. Of course, there are more about the budget. It seems to me 5 years from now, maybe until after going to be some changes. there will be nothing this year that we the next Presidential election, not this The idea that we accomplished great will deal with more important than the one in 1996 but the next one in the year things in 1993, for example, when most budget. One aspect of it, of course, is 2000. Most of the heavy lifting in the of the deficit reduction came from the ‘‘why’’ of balancing the budget. President’s budget comes after that— bookkeeping changes. We changed Certainly I do not think anyone would coincidence, I am sure. what was anticipated in losses in the suggest that continuing to spend more We are told that the President’s RTC. We changed what was anticipated than we take in is a responsible fiscal budget cuts discretionary programs ex- in losses in Medicaid. About 18 percent or moral position. This Congress has cept defense and education by $200 bil- of the change was a policy change, and not balanced the budget for 25 years. lion in 7 years. that was a tax increase. June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8599 Spending in 1993, when we talk about President suggested 2 years ago that A bill (S. 939) to amend Title 18 United the deficit reduction, went up and con- those were the better numbers. Now we States Code to ban partial-birth abortions. tinues to go up at 5 percent. When you find he chooses to use other numbers Mr. WARNER. Mr. President, at this are talking about $1.5 trillion, 5 per- which actually reduce the need by time, under the instructions of the ma- cent of that is a very large amount of about $200 billion per year, and accord- jority leader, I interpose an objection money. ing to most people’s accounting, would to further proceedings on this matter. But I am encouraged now that the come up at the end of the 10 years still The PRESIDING OFFICER. The bill President has endorsed the idea of bal- hundreds of billions in arrears. We have will be placed on the calendar. ancing the budget that we should get the best chance in memory to take a f there as quickly as possible. It is a lit- real bona fide look at doing something tle hard to imagine that in a $7 trillion about overspending, about doing some- CONCLUSION OF MORNING economy that a $60 billion change in thing with the size of Government, and BUSINESS Government spending is going to hurt we can do it this year, Mr. President. The PRESIDING OFFICER. Morning our prosperity. I think George Will said So I welcome the President’s entry, business is now closed. that it was very hard to figure out how his recognition that we do need to bal- f that can discombobulate a $7 trillion ance the budget, and some of the ideas economy. that he has, but I suggest to you we NATIONAL HIGHWAY SYSTEM So we should move boldly. We have have to be honest and fair about it. We DESIGNATION ACT the chance to move boldly. We have the cannot wait until the next century to The PRESIDING OFFICER. Under chance to do the things that we talked have the pain come. We have to start the previous order, the Senate will now about for a very long time, that almost now and do the things that most people resume consideration of S. 440, which everyone talks about on the campaign agree need to be done. the clerk will report. trail—balance the budget, reduce Gov- Mr. President, I yield the floor and The assistant legislative clerk read ernment, reduce spending. But when we suggest the absence of a quorum. as follows: get here, there are arguments about The PRESIDING OFFICER. The A bill (S. 440) to amend title 23, United who does it, where it ought to be, and clerk will call the roll. States Code, to provide for the designation of we end up not doing the things that The assistant legislative clerk pro- the National Highway System, and for other you and I know need to be done. ceeded to call the roll. purposes. Mr. WARNER. Mr. President, I ask We can balance the budget. Very The Senate resumed consideration of unanimous consent that the order for likely we will find 6.1 million more the bill. jobs, we will lower interest rates on the quorum call be rescinded. The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, there student loans, and on mortgages. are some 20 amendments of which the Mr. President, I think that we are objection, it is so ordered. managers have notice. There may be going to hold the administration’s feet Mr. WARNER. Mr. President, we more. I know it is the intention of the to the fire. His track record does not have just had an opportunity for the majority leader and the Democratic indicate a great deal of confidence. His chairman of the committee, the Sen- leader that we proceed as expeditiously actions do not match the rhetoric that ator from Rhode Island [Mr. CHAFEE] as possible to bring this pending mat- we have been hearing. The President myself, and the distinguished Senator ter to a conclusion in the Senate. promised a 5-year balanced budget plan from New York [Mr. MOYNIHAN] to Again, I urge all Senators having an in- as a candidate, then rejected a 7-year meet with Mr. Rodney Slater, the Ad- terest to come to the floor and take up budget plan, and now proposes a 10- ministrator of the Federal Highway those matters. year budget plan. The budget deficit re- Administration, and he will soon be This legislation is critically impor- duction in 1993 he talks so much about forthcoming with some clarifications tant to maintaining the transportation was a matter of increasing taxes. of the positions of the administration So we have a history of more taxes, on a series of amendments. planning and construction programs in more spending—spending has never The Secretary of Transportation did our several States, to providing for the been reduced—and more Government. forward to all Senators today a letter efficient and timely movement of As a matter of fact, in the 1993 deficit respecting a special interest in the American products carried by commer- reduction bill, domestic discretionary safety provisions in the pending bill, cial activities, and to the safety of the spending actually accelerated rather and at an appropriate time, I will in- motoring public. than decreased. troduce that letter into the RECORD. As provided in the 1991 Intermodal In addition, this administration last But I encourage all Senators who Surface Transportation and Efficiency year made an effort to have the Gov- have a particular interest in this legis- Act, known as ISTEA, the Congress ernment take over health care. We lation to come forward today when we must approve the National Highway have to do something about Medicare. have the opportunity to work out a System map by September 30, 1995. Americans rejected the idea of a Fed- number of amendments and to, hope- With the cooperation of all members of eral Health Care Program. We have fully, have arguments on others and the Committee on the Environment now an opportunity to save Medicare. hold over until tomorrow, pursuant to and Public Works, we were able to ex- If we do not do something, according to the decision of the majority leader and pedite this bill such as the Senate has the trustees—some of whom are Cabi- Democratic leader on the time for the it at this particular time, well in ad- net members—in 2 years we will be into votes. vance of the deadline created by the reserves and in 5 more years it will So, at any time, this Senator and, I ISTEA. be broke. So it is not a question of am sure, my distinguished colleague Now, if Congress does not meet the whether we do something, it is a ques- would be pleased to interrupt our re- deadline, $6.5 billion in interstate tion of what we do and how we do it. If marks to allow a Senator or Senators maintenance and National Highway we want to have Medicare, if we want to pursue their individual interests System annual apportionments will be to have health care for the elderly, we with respect to amendments. withheld from the several States. have to change the program. Yet the f Therefore, we must not permit this administration only keeps Medicare penalty to be further imposed on our solvent for 3 more years, until 2005. MEASURE READ THE SECOND States. So I certainly hope that the Presi- TIME—S. 939 In February of this year, I introduced dent of the United States joining the Mr. WARNER. Mr. President, I un- this legislation, along with 14 of my debate will cause us to move toward a derstand there is a bill at the desk that colleagues, to ensure prompt action on balanced budget. I am decidedly is due for its second reading. the National Highway System. Today, pleased he has moved away from the The PRESIDING OFFICER. The this legislation enjoys the bipartisan February budget proposal which was clerk will read the bill for the second support of 26 Senators. rejected 99 to zip in this body. time. The Environment and Public Works We need to use the Congressional The assistant legislative clerk read Subcommittee on Transportation and Budget Office’s [CBO] numbers. The as follows: Infrastructure, which I am privileged S 8600 CONGRESSIONAL RECORD — SENATE June 19, 1995 to chair, held four hearings on the im- the United States which would ensure, The National Highway System, as de- portance of the National Highway Sys- for the purposes of national security veloped by our States, contains just 4 tem. The subcommittee also heard tes- and other purposes, an adequate inter- percent of America’s 4 million miles of timony on the impact of various trans- state highway system. public roads. I would like to repeat portation mandates, such as metric During the debate on ISTEA, the fu- that, Mr. President: The National sign conversion and the use of rubber- ture role of the Federal Government in Highway System, as developed by our ized asphalt. We also examined innova- surface transportation was debated at States, contains just 4 percent of tive financing proposals to increase length as the completion of the Inter- America’s 4 million miles of public State flexibility to maximize the use of state System neared. The debate ques- roads. This 4 percent, however, carries highway dollars by allowing public tioned the level of Federal obligations over 40 percent of all highway traffic funds to leverage nontraditional, pri- to the maintenance of the Interstate and 70 percent of all truck freight traf- vate sources of funding for infrastruc- System and other primary routes, the fic. ture development. appropriateness of providing greater Most of the NHS roads are already This is very definitely the direction flexibility and responsibility to the built, and the system reflects a fair dis- in which our Nation must go if it wish- States, and the most effective means of tribution of mileage between rural and es to continue to modernize our trans- ensuring the safety of our surface urban roads. portation system. transportation system for the traveling I am committed to the National The subcommittee’s hearings clearly public. Highway System because it will in- demonstrated that continuing Federal I happen to have been a member of crease economic opportunities to com- investment, with our State partners the committee and a member of the munities not served directly by the and new private ventures, in our Na- conference on ISTEA, and the distin- interstate system. Also, it will provide tion’s infrastructure is crucial to im- guished Senator from New York was a direct link with roads in Canada and proving America’s mobility and the ef- then the chairman of the Committee Mexico, uniting the North American ficiency of our surface transportation on the Environment and Public Works commercial links. This is particularly network. of the U.S. Senate and took a very ac- appropriate in view of the American The National Highway System reaf- tive role in that ISTEA conference. free-trade zone with a high-perform- firms the Federal commitment to this I concurred in the Senate’s view that ance, continental road network. limited network of highly traveled a National Highway System should be For the first time, the NHS will roads to provide for the consistency of established to maintain a minimum allow States to focus their investments road engineering and safety for com- level of Federal involvement with our on connecting air, rail, commercial mercial and public travel. State partners. Ensuring the efficient water ports, freight facilities, and For the benefit of my colleagues who performance and consistency of our ex- highways so that the performance of may be asking, ‘‘What is the National isting road system between individual the entire system can be maximized. In Highway System?’’—a legitimate ques- States remains the foremost Federal other words, we combine in this new tion—let me take this opportunity to responsibility. map all of those essential parts to offer some historical perspective and a As provided in ISTEA, the National make up the infrastructure for this brief description about the system. Highway System map consists of highway system. These intermodal We are particularly fortunate today 159,000 miles. Of this amount, 44,000 connections will provide our entire that the manager on the minority side miles are interstate highways; 4,500 transportation system with the flexi- is the distinguished Senator from New miles are high priority corridors iden- bility needed to cope with the changing York, who really has spent much of his tified in ISTEA; 15,700 miles are economic geography for this decade career in the U.S. Senate on this sub- noninterstate strategic highway net- and beyond. ject. I look forward to hearing his re- work routes; and 1,900 miles are strate- Reinforcing this economic backbone marks about the historic concepts of gic highway network connectors. is the fact that nearly 85 percent of the this system. The remaining 91,000 miles were iden- Nation’s freight travels at least part of In the 1950’s, President Eisenhower tified by the Federal Highway Adminis- its journey over a highway. As Amer- challenged the transportation commu- tration and the States in cooperation ican companies rely more and more on nity to provide an effective system of with local governments. just-in-time delivery to get raw mate- highway connections among the 50 May I stress, Mr. President, this is rials to plants, and as American whole- States. Thus, the era of the Interstate not a map concocted by the Congress. salers and retailers count on rapid de- Highway System was born, and for the We are, essentially, about to confirm livery to keep their inventories lean, next 25 years, Federal transportation and ratify the work of the Federal the economic importance of an effi- policy focused on the completion of the Highway Administration in full co- cient, national transportation infra- Interstate Highway System. operation with the counterpart au- structure is actually growing every There is a little anecdotal history thorities in each State, and down to day. here that is interesting. My under- the very local level. Many Senators Mr. President, in February, when standing of the reading is that Eisen- have taken an active participation as this legislation was introduced, I also hower, when he was a young major in it relates to their particular States. indicated my intention to respond to his very late thirties, was instructed The product of this 2-year dialog is the concerns raised by our State part- by the chief of staff of the U.S. Army the map before us, which must be en- ners and other users of the system to to determine what would be the best acted, as I said, by the Congress increase the flexibility to use Federal route and, indeed, what difficulties promptly to meet the September dead- highway funds and to reduce Federal might be incurred if a military envoy line. mandates. left one coast and traveled all the way The committee-reported bill com- I am pleased that the bill before the to the next. And then Major Eisen- mends the successful efforts of the sev- Senate today provides relief from cost- hower was somewhat appalled by the eral States, the Federal Highway Ad- ly and burdensome mandates by the system and how inadequate that sys- ministration, and the local authorities following: tem was to transfer military cargo, in developing the NHS map, and pro- First, repealing the usage require- military troops, equipment, and other vides authority for this process to con- ment for the crumb rubber in hot mix systems essential to our national de- tinue to evolve. asphalt; fense, and at that time the major was May I pause to say this is not a static Second, repealing the requirement also quite knowledgeable of the rapid situation. It is a continuing situation, that States convert transportation advancement in Germany, under Nazi Mr. President. As new roads are con- signs to metric measurements; control in those days, and the Auto- structed and State transportation pri- Third, repealing the requirement bahn system. orities change, the States and the Fed- that States implement management So at that time, apparently, he deter- eral Highway Administration can con- system; mined at some future date he would tinue to make necessary adjustments Fourth, repealing the national maxi- have a hand in developing a system for to the map. mum speed limit; June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8601 Fifth, repealing the Davis-Bacon pre- There being no objection, the mate- many diverse interests of Americans, vailing wage mandate on federally rial was ordered to be printed in the to serve the growing demands of the funded transportation construction RECORD, as follows: competitive global marketplace, and to projects. The Chair will note, as of the [From the Washington Post, June 11, 1995] help ensure the safety of the traveling close of business on the preceding day PUT THE PEDAL TO THE METAL public. of Senate business, namely, Friday, On the Wilson Bridge Reconstruction of I also feel there are certain national that amendment was taken out of this the Woodrow Wilson Bridge is essential not security interests involved in having bill. So it no longer applies. only to our region’s economic health but to an efficient system. I will address that Sixth, streamlining the transpor- maintain the sanity of this area’s commut- particular section at another time. tation enhancement process; ers. We don’t have time for the usual bureau- I yield the floor. Seventh, clarifying that transpor- cratic crawl toward completion—engineering Mr. MOYNIHAN. Mr. President, tation conformity requirements apply experts say the bridge will be unusable in 10 might I express my appreciation to the only to Clean Air Act nonattainment years. distinguished senior Senator from Vir- An interim proposal has been floated to ginia for his masterly account of the areas; prolong the bridge’s life by closing it to Eighth, modifying the commercial truck traffic in the next two to five years. provisions in our bill and for his very motor vehicle hours of service require- That, however, would be a disaster in terms thoughtful statement about the con- ments as applied to the drivers of of time and money. Ask any Beltway com- tinuity of this act, S. 440, with the groundwater drilling rigs. muter what he or she thinks of diverting Intermodal Surface Transportation Ef- In responding to the need to increase 18,000 trucks to the Cabin John Bridge. And ficiency Act of 1991, which had among State flexibility of highway apportion- all of us would see costs for the delivery of other purposes the declaration that the ments, the committee bill: fuel, furniture, groceries etc. go up. Dwight D. Eisenhower Interstate and First, allows for larger transfers from To build any road or bridge, first you plan Defense Highway System, had been and design it, then you find money. Finally, the highway bridge program to other you build it. But we are moving too slowly. built, finished. It took quite a bit accounts; In the case of the Wilson Bridge, we must do longer and a very great deal more than Second, expands Federal aid eligi- all three steps quickly—and simultaneously. we had expected. But we had done it. bility to public highways connecting We don’t have the luxury of a common bu- I would like to make just a slight the NHS to intermodal facilities; reaucratic timetable of 15, 20 or even 25 modification to my friend’s account be- Third, provides for a soft match years. cause it is relevant. President Eisen- which allows private funds, materials, The good news is that we already have hower would tell this story, and it is and services to be donated and applied taken steps to plan, design and find money related in his book ‘‘At Ease: Stories I to the State matching share; for the reconstruction. In 1991, the Interstate Study Commission was established to find Tell to Friends.’’ Fourth, allows States to use advance ways to raise money from Virginia, Mary- It is 1919, a young Army lieutenant construction funds for projects beyond land and the District (combined with federal colonel, soon to revert to his peacetime the ISTEA authorization period; government money) to own, construct, oper- rank of captain, Dwight D. Eisenhower, Fifth, permits bond costs to be eligi- ate and maintain a new Wilson Bridge. Last was given command of a serious mili- ble for reimbursement as a cost of con- December this commission recommended the tary exercise. He was to assume that struction; creation of a regional authority to finance wartime events had disabled the rail- And sixth, allows States to use NHS the construction. Maryland, Virginia and the roads. He was to lead a convoy of army District have passed or soon will pass legisla- and congestion mitigation and air trucks across the country from Fort quality funds for an unlimited period of tion to allow the creation of such an author- ity, which will require amendments next Meade, just out on the edge of the Dis- time on intelligent vehicle transpor- year. As part of these amendments, the gov- trict, in Maryland, technically, to the tation system projects. ernors of Maryland and Virginia and the Presidio in San Francisco. It took him Mr. President, another section of this mayor of the District must select someone 2 months. The convoy averaged less legislation responds to the Federal from each of their respective transportation than 7 miles per hour. It proved that need to move forward on a replacement departments to expedite: you could cross the continent by truck facility for the Woodrow Wilson The selection procedures for design engi- if you had to, but not if it was a war- neering. Bridge, located here in the greater time emergency. He wrote in his book: metropolitan Washington area. The The procedures for right-of-way acquisi- tion. To those who have known only concrete proposal the committee puts forward The bid procedures for expedited construc- and macadam highways of gentle grades and accomplishes three major objectives: tion. engineered curves, such a trip might seem First, it offers an opportunity for the A coordinated and privatized effort can humdrum. In those days we were not sure it Federal Government to transfer owner- produce quick results. For example, the could be accomplished at all. Nothing of the ship of the bridge to a regional author- privatized Dulles Greenway (the Dulles Toll sort had ever been attempted. ity established by Virginia, Maryland, Road extension to Leesburg) is taking only The idea for an interstate system and the District of Columbia, thereby 24 months to construction; it would have emerged, if I could be just a little paro- relieving the Federal Government of taken four to five years through normal bu- chial, out of the 1939 World’s Fair in reaucratic channels. Flushing Meadow, in Queens, NY, at the sole responsibility for this facility. A committee charged with recommending Second, it provides a framework that a bridge plan has selected three design op- the great General Motors Futurama ex- will stimulate additional financing to tions and soon will narrow its choice to two. hibit. I can remember sitting there as a facilitate the construction of the alter- Its recommendations will go to the Trans- child, in one of those gliding contrap- native identified in the environmental portation and Planning Board of the Council tions that moved around and you saw impact statement. of Governments, which will have the final this great scene of highways, with Third, with less than 10 years of use- say. At that point, the authority will be acti- what we would come to call cloverleaf ful life remaining on the existing vated to get the bridge built. intersections crossing over one an- We don’t need a new bureaucracy for a other, going through mountains. Presi- bridge, this approach addresses the bridge authority. Instead, the authority need to provide for the safety of the should be able to rely on the professional dent Roosevelt who, along with most traveling public and for the efficient staffs of existing agencies. Then Virginia, others here in Washington, was very flow of commerce. Maryland and the District could work to- much concerned that the Depression of I cannot emphasize too strongly, Mr. ward a common goal: the rapid rebuilding of the 1930’s would resume with the end of President, that particular provision as a link vital to them all, the Woodrow Wilson World War II, in 1944 got a national it relates to the Wilson Bridge. I have Bridge. interstate highway system authorized. been down and personally inspected it. Mr. WARNER. I conclude, Mr. Presi- But it was nothing more than that, an I talked to the appropriate authorities. dent, by saying the goal of the NHS is authorization. In New York we built Mr. Herrity, the distinguished public to leave a legacy for the next genera- the first segment as the Thruway, servant here in northern Virginia, has tion. That legacy is an intermodal starting immediately in 1946, but the actively written on this subject. I ask transportation system, a system that system lagged elsewhere. unanimous consent to have his state- is not fragmented into separate parts, When President Eisenhower came to ment printed in the RECORD. but rather one that works to serve the office he very much had that early S 8602 CONGRESSIONAL RECORD — SENATE June 19, 1995 command in mind, and he hit upon the Note, ‘‘intermodal.’’ It is one of the that, and very much to be congratu- idea with Jim Wright of Texas, a young ironies of President, then captain, Ei- lated and thanked at a time when par- Congressman at that time, to have a senhower’s journey across the country tisan issues rise, as they ought—but gasoline tax and dedicate it to the con- that to assume the railroads had been they rise a little higher even as we ap- struction of this system. And, by golly, destroyed and you find you could not proach Presidential years. This is a we did it. But there came a time when get from here to there in any effective good example of the capacity of the we in fact had done it, built the sys- way without them led to an interstate Senators between the different parties, tem, and yet a certain inertia, you highway system which pretty soon had different regions, different interests to might say, pushed us on and on, and we destroyed the railroads. And not nec- cooperate and produce a fine bill. would just build another segment and essarily a good idea. I for my part want to congratulate yet another. We, of course, made it clear that by all those involved. Senator BAUCUS is We finally came up with a better intermodal we mean not just vehicle necessarily absent or he would be say- idea, though, as the chairman has indi- transportation. We talk about rail. We ing substantially the same things from cated—a new national highway system talk about air links. We talk about sea the point of view of the High Plains which would supplement the Eisen- links. In this particular legislation even as I speak from the point of view hower interstate system. It would con- there is a specific provision, ‘‘Sec. 126, of the island of Manhattan. sist of only about 4 percent of the Na- Intermodal Facility In New York. Mr. President, with great apprecia- tion’s road mileage, but it would carry [The] engineering, design, and con- tion for all of the work that the Sen- 40 percent of its traffic. And it would struction activities to permit the ator from Virginia has done, and with be a combined, cooperative effort of James A. Farley Post Office in New the expectation that we will now go State governments and the Federal York, New York, to be used as an inter- forward and get it through the Senate Government at its best. modal transportation facility and com- in the same period, I want to thank In 1991, President Bush very much mercial center.’’ him. wanted to have this National Highway Mr. WARNER. Mr. President, will my I thank the Chair, and I yield the System, but in fact the Department of colleague allow me to observe? floor. Transportation had not yet drawn it. Mr. MOYNIHAN. Surely. Mr. WARNER. Mr. President, I wish We had a big meeting down at the Ex- Mr. WARNER. He said something to reciprocate and thank again my dis- ecutive Office Building with a map of about the destruction of the railroads? tinguished colleague from New York. It the country and lots of red lines over I am not sure the distinguished Sen- was simply because he certainly han- it, but it did not represent real high- ator from New York wanted to indicate dled the ISTEA legislation, and that in ways. It just indicated what would be the interstate highway system de- many respects gave rise to this na- someday. stroyed the railroads. I would think tional evolution of the highway sys- That someday has come. We will there was a period of time when there tem. have until the 1st of October—am I cor- was a decline of passenger travel, but Mr. President, we are anxious to have rect? the railroads today are very strong in Senators come to the floor for purposes Mr. WARNER. The 30th of Septem- terms of freight transportation. And of amendments. We will accommodate ber. many of the things that Eisenhower them as they arrive. Mr. MOYNIHAN. Yes, the 30th, the was concerned about in terms of heavy At this time, I see our distinguished end of this fiscal year, to authorize this equipment being moved—I am glad the colleague from Georgia who wishes to system. And this legislation does that. Senator brought it back. It did jog my address the Senate I believe on a dif- It does it in a timely manner, as antici- memory. I, too, went to the World’s ferent subject. pated. We have funds available. And we Fair of 1939 with my father. It was a I yield the floor. have very real needs. memorable trip. But it was formulat- Mr. NUNN addressed the Chair. We are not building new highways. ing in Eisenhower’s mind through all The PRESIDING OFFICER. The Sen- We are maintaining and improving those years. This was always in the re- ator from Georgia. their capacity. The intermodal system cess of his mind. Mr. NUNN. Mr. President, before I was very explicit on the idea that you Mr. MOYNIHAN. He got it built. Gen- speak briefly on another subject, I do not want to add to the mileage of eral Motors thought it up, you might would like to congratulate my friends the system, you want to make it more say. from Virginia and New York on their efficient. We made very clear our view And the Senator, the chairman, is leadership in this important area, and I that a free good—and these are free- highly correct. What we have seen is think that they have indeed worked to- ways—will be overconsumed. We made not the disappearance of the railroads gether very carefully and prudently in it clear that we were not in the least but their disappearance as a principal the Nation’s interest. I congratulate alarmed by the idea of pricing this mode of passenger transportation, save them for that. good, as we do in points of congestion on certain corridors where it is effi- f like tunnels and bridges. cient. If you were looking for the major We began the legislation—the con- reason for that—well, probably the air- THE SITUATION IN BOSNIA ference report and the legislation it- lines did it to continental transport, Mr. NUNN. Mr. President, I would self—with a declaration of policy for and the automobile. Although we may like to speak just a few moments about the Intermodal Surface Transportation have overdone it. We had a very effi- the situation in Bosnia today and share Efficiency Act. It said: cient rail system in Los Angeles, for with my colleagues some of my The National Intermodal Transportation example, which they closed down thoughts on the subject. System must be operated and maintained around 1950 and they wish they could The Senate Armed Services Commit- with insistent attention to the concepts of innovation, competition, energy efficiency, get it back, now that it is probably too tee, under the leadership of Senator productivity, growth, and accountability. late. THURMOND, the chairman of the com- Practices that resulted in the lengthy and In any event, with tribute to my mittee, has had a series of four hear- overly-costly construction of the Interstate friends once again, the Committee on ings on the subject of Bosnia. We heard and Defense Highway System must be con- Environment and Public Works brings from a number of, I think, very well-in- fronted and ceased. to this floor a near unanimous meas- formed witnesses. We went so far, Mr. President, as to ure. I have been 19 years in that com- We heard from, of course, the Sec- require that this table of principles be mittee, and I do not think I can re- retary of Defense, Secretary Bill Perry, printed up and provided to every mem- member many times in which we have the Chairman of the Joint Chiefs, Gen- ber of the Department of Transpor- had a party-line vote. We have tried to eral Shalikashvili, the former Supreme tation—and they were. In this system, think about the environment. We have Allied Commander in Europe, Al Haig, in the present bill, we find continued tried to think about public works in and former President of the United reference to those principles. We find terms of national interests. If we have States, President Carter, and another ourselves completing the 4-year work not always succeeded, it is not for lack former Supreme Allied Commander in that we were asked to do. of trying. Once again, we have done Europe, Gen. Jack Galvin, now retired, June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8603 former Secretary of Defense, Jim States forces. The United States forces my views are influenced by both the Schlesinger, former top official in the that would be placed there to help with history of NATO and also what we are State Department, Richard Armitage, this withdrawal would be working with going to need NATO to do in the fu- and retired Col. Harry Summers, a fre- this rapid deployment force. I think it ture. quent writer on this and many other is very important for us to understand I also believe that we should do ev- national security subjects. the consequences of our not being will- erything in our power to prevent Mr. President, I would like to express ing to help pay for a rapid reaction Bosnia from further eroding the NATO my disappointment—unrelated to the force. That force, deployed by our al- alliance, any further than has already hearings but which took place simulta- lies and working with the United occurred. Make no mistake about it. It neously with our hearings last week— States forces assisting in the with- is entirely possible for us to erode with the actions of the Clinton admin- drawal, would help alleviate some of NATO’s credibility and viability with- istration when they last week first de- the responsibility for the United States out saving Bosnia. I start with the view layed a vote in the U.N. Security Coun- forces in that situation and make it that there is no good answer in Bosnia. cil, and then voted for the deployment possible for a lot less United States A number of mistakes have been made of the French, British, and Dutch rapid forces to be placed in Bosnia to help which I will not recount here. And we reaction force to Bosnia which they at with the withdrawal, and finally, have to deal with the situation as it first opposed, but then deferring a deci- greatly reduce the danger to United presently exists where we have peace- sion on the financial cost for that States forces that may be interjected keepers on the ground with no peace to force. there if and when the withdrawal keep, and with the warring parties ap- I understand this action on the part comes about. parently not wanting peace. One side of Clinton administration was taken So I find it ironic that we have con- views the peacekeepers as shields from primarily because of a letter from Sen- gressional leadership as well as—at which to launch an attack, and the ate Majority Leader DOLE and House least at the beginning of last week— other side that is taking most of the Speaker GINGRICH objecting to U.S. fi- the administration leadership opposing territory views NATO and U.N. forces nancing of the rapid reaction force. the force that would help reduce the as hostages for leverage and protec- I believe this is a serious mistake on forces which the United States has to tion. the part of the Clinton administration, put in to help with withdrawal and also I favor one final round of diplomacy and on the part of the congressional would certainly reduce the danger of to ascertain if there is any possibility leadership. I believe we will pay a price U.S. forces being placed in that situa- for a negotiated peace as called for last for this combined Presidential and con- tion. I find that ironic. week in testimony before our commit- gressional position in the years ahead I hope that both the leadership in the tee by former President Carter, former with our allies. Congress and in the administration NATO commander, General Galvin, and Mr. President, the United States dur- will reconsider their position on this former Secretary of Defense, Jim ing the administrations of both Presi- because I think we will pay a severe Schlesinger. They all testified that we dent Bush and President Clinton voted price for this—if not in Bosnia, then in ought to have one more vigorous round for every U.N. Security Council resolu- other parts of the world where we ask of diplomacy. All of them had different tion on Bosnia, and endorsed and sup- our allies to help us. Alliances are not emphases, but that was one common ported the efforts of our NATO allies simply for good times and for when denominator of those three witnesses. who are participating on the ground in things are going smoothly. Alliances I also strongly agree with Dr. Schles- Bosnia as a part of the U.N. Protection and allies have to stick together when inger’s comments that this peacekeep- Force or UNPROFOR. things are not going well and certainly ing mission cannot continue under I myself disagreed with numerous ac- when things are getting to the dan- present circumstances and that both tions that have been taken in Bosnia gerous stage as they certainly are in NATO and the United Nations should by both the United Nations and by Bosnia. acknowledge that, absent a near-term NATO. Yet, we voted for it. Both Presi- Mr. President, I would like to explain diplomatic breakthrough, it is time to dents—President Bush and President to my colleagues my views as to the withdraw the U.N. and NATO peace- Clinton—voted in the Security Council policy that should be followed with re- keepers from Bosnia. for every one of these resolutions. Now spect to Bosnia. I would first state— If after a reasonable period of time— we have our allies in difficulty. They and my friend from Virginia, who and I favor setting a finite date for are in difficulty on the ground. And yielded the floor, participated in every progress on the negotiated peace—if that difficulty could intensify with the one of the hearings and he certainly, I after that period of time there is no rapid reaction force that is now being know, would agree with this state- substantial progress, the U.N. forces inserted by our allies—not by America, ment—that every single witness we had should be withdrawn in an orderly but by our allies—which will be an in- before our committee for 4 days op- manner. That is not going to be an tegral part of UNPROFOR, and the cost posed the United States unilateral lift- easy task. U.S. forces should partici- should be underwritten to the same ex- ing of the embargo while our allies re- pate, in my view, in a NATO-led oper- tent and in the same manner as all main on the ground in Bosnia. Every ation, as pledged by President Clinton, U.N. peacekeeping forces. single witness—not one supported the to assist in the U.N. withdrawal, and We will have another day and an- unilateral lifting of the embargo; 4 U.S. forces should come to the rescue other time to determine how much the days of hearings in the Armed Services of the forces of our allies if there is an United States should pay for U.N. Committee, and not one single witness emergency and if they come under an peacekeeping assessments. But that is favored the unilateral lifting of the attack and there is no other capability a long-term challenge. The question embargo while our allies are still in available to rescue them. In other now is whether or not we are going to harm’s way on the ground in Bosnia. words, in a last-resort emergency situ- support in any way financially a cru- Mr. President, my own views about ation, I would certainly favor support- cial force that is being put in to pro- where we go from here—and there are ing our allies on the ground when they tect the U.N. peacekeepers and the no good answers here—my views are are in extreme need. NATO peacekeepers that we ourselves heavily influenced by my support for Once the U.N. forces have been with- voted to put in Bosnia. It is the ulti- NATO and my observation of NATO drawn from Bosnia, the arms embargo mate irony for our congressional lead- over the last four decades where it has on the Government of Bosnia should be ership and for the Clinton administra- been the strongest alliance in the his- lifted, multilaterally if at all possible. tion to not fully support a much tory of the world. NATO has helped While this is all taking place, we stronger NATO-U.N. rapid reaction bring about the end of the cold war on should join with our NATO allies in a force. peaceful terms without an explosion, concrete plan of action to contain the Mr. President, if the U.N. forces and it has helped bring about the free- conflict from spreading any further. withdraw from Bosnia, the President of ing of millions of people behind the Secretary of Defense Bill Perry made the United States has declared that he Iron Curtain without huge bloodshed, it clear in our committee that the is going to help them with United which could have easily happened. So spread of that conflict would be against S 8604 CONGRESSIONAL RECORD — SENATE June 19, 1995 America’s ‘‘vital″ interests. He used Mr. WARNER. Mr. President, could I It is my understanding that while that term carefully. ‘‘Vital’’ means in- detain the distinguished Senator from Senator DOLE and Speaker GINGRICH terests that are so important we are Georgia for a minute. did express support for the right of our willing to go into conflict in order to We were together at a private meet- allies to protect their troops, the lead- protect them. ing with President Chirac, and infor- ers did not support the United States The spread of the conflict would en- mation has come to my attention with being assessed 31 percent for this Euro- gage both U.S. and NATO interests in a regard to a meeting that President pean operation, given, in the judgment very important way. And I think we Chirac had here on Capitol Hill with of the leaders, the futility—and I think ought to make it abundantly clear, the majority leader of the Senate and the distinguished Senator from Georgia while we are making one last effort for the Speaker of the House. I am told expressed the same judgment—of the a diplomatic solution and while we are that in that meeting, President Chirac UNPROFOR mission at this time. preparing for an orderly withdrawal of made it clear, after being specifically So I hope, Mr. President, there will U.N. forces—and I hope our allies will asked by the two leaders, that the be some clarification of this in the come to that view—we should make it rapid reaction force was not—and I em- very near future. I was also led to be- absolutely clear that we intend as an phasize not—being deployed to pave lieve that the United Nations would alliance to prevent that conflict from the way for an UNPROFOR with- soon be announcing some specific mis- spreading and to hold Serbia—by this I drawal—indeed, had no relationship sion statements with regard to the new mean Belgrade, Serbia—responsible for with NATO withdrawal plans. forces. any breach of borders beyond what has I do not recall that subject being spe- Mr. NUNN. I say to my friend from already occurred in that region. cifically addressed at the meeting that Virginia, I share his feeling on this Finally, those calling for withdrawal the Senator from Georgia and I had. subject. I do not know what the Presi- dent of France said in the meeting that should realize that there will be a high Mr. NUNN. I say to my friend from I did not attend. I would not try to price to be paid once the U.N. forces Virginia, I read some of that in the have any conjecture on that. But I do are withdrawn from Bosnia. This is no newspaper, but I got a contrary impres- know that common sense tells us—I free ride here. This is going to involve sion. I always hesitate to quote a for- have met with the Ministry of Defense some real consequences in all likeli- eign leader in a private meeting, but I in Britain, I have met with the JCS hood. Once the U.N. forces have been must say my impression was not con- staff here, the joint staff—I know that withdrawn, there is a high potential for sistent in the meeting we had, which the withdrawal of those U.N.-NATO atrocities, particularly in and around was at the French Embassy, was not forces is going to be extremely com- the eastern enclaves. consistent with the reported state- Even recognizing what may occur, it plicated and complex. ments of the President of France at the is, in my view, however, past time to But one thing the people in the east- meeting with the congressional leader- face the reality on the ground. The ern enclaves may feel is that it puts ship that took place on the Hill. I did international community has failed to them in great jeopardy of being in not hear anything like that in the pri- restore peace. That failure must be ac- harm’s way after those forces leave. It vate meeting that I had. knowledged. Unless there is a near- may be very difficult to disentangle term diplomatic breakthrough, the He also made it clear, I believe, that from those eastern enclaves. So it is warring parties must be left to fight it he hoped that the U.N. forces would be going to be a very difficult situation. out until one party prevails or until able to remain. But I did not hear any I know something like this rapid re- they are exhausted and ready at last at statement that would indicate that action force will be essential—it has to some point in the future to negotiate a those rapid reaction forces would not be augmented—but it is an essential peace agreement. be used if and when there was a with- first step if there is to be a withdrawal. Mr. President, I repeat, there are no drawal. As a matter of fact, those That is basic common sense. For us to easy answers in Bosnia, and I hope that forces would provide the very first pro- be in a position of having pledged to we will not search for easy answers tection if U.S. forces had to go in to come in and help with the withdrawal but, rather, for a course of action that help in the withdrawal. This is the first and urging withdrawal—and I think will do whatever we can to alleviate time the United Nations has put a there are an increasing number of peo- the suffering there, within reason, but much more heavily prepared force in ple urging withdrawal—and then not to acknowledge, first and foremost, there, which has been one of the prob- helping, or at least to even look like that the NATO alliance is an impor- lems all along. When you have a lightly we are negative on the first step, which tant alliance and we should not further armed force, as the Senator from Vir- is for the allies to protect themselves, erode that alliance. ginia well knows, they are nothing but it seems to me that is contrary to our I repeat, Mr. President, I hope that hostage invitations and that is what own best interest. the congressional leadership, as well as has happened. So I know that probably Mr. WARNER. Mr. President, if I the Clinton administration, will review the leadership of some of our allied could just discuss one other point with the position that they have taken, with countries would prefer not to with- my colleague. He referred to the Ad- lukewarm support and no financial draw, but I believe that all of them ministration’s proposal to allow U.S. support, for a rapid reaction force now would acknowledge if withdrawal is forces to perform emergency missions, being deployed there by our allies. necessary, this rapid deployment force and he will recall in the hearing before That will alleviate some of the respon- will be the key ingredient in the early our committee when Secretary of De- sibility the U.S. forces might otherwise stages of withdrawal. fense Perry and the Chairman of the have, and that will certainly reduce Mr. WARNER. Mr. President, I re- Joint Chiefs of Staff Shalikashvili were the danger of any kind of harm to U.S. member, in response to a question that testifying, they put up a chart concern- forces that may have to be injected I posed, that there was some discussion ing the use of U.S. forces in an emer- into that country to help with a with- at our meeting with President Chirac gency situation. I think both my friend drawal of U.N. and NATO personnel. I about the mission of the rapid reaction from Georgia and I were somewhat un- find it supreme irony that we would force. And I am also told that same dis- clear as to exactly the context in not be willing to pay our part for other cussion took place here in the Capitol, which they were using ‘‘emergency.’’ people deploying troops that will be to at the meeting with the two leaders. If I can restate my concern and per- our direct benefit and an activity that When President Chirac was asked by haps he can restate, once again, his use has been voted for by both President the leaders what the mission of the of the term here, it was not clear to me Bush’s and President Clinton’s admin- rapid reaction force would be, Presi- whether or not we would involve our- istrations at every single turn in the dent Chirac said that the rapid reac- selves in emergency missions only if U.N. Security Council. tion force would not be deployed to im- those emergency missions were a part Mr. President, I yield the floor. plement the U.N. mandate to protect of a withdrawal operation, or whether Mr. WARNER addressed the Chair. the safe havens, such as Sarajevo. The we would involve our ground forces in Mr. NUNN. I thank my colleagues for rapid reaction force would only be de- emergency missions prior to the deter- letting me continue. ployed to protect UNPROFOR. mination to withdraw UNPROFOR. June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8605 Can the Senator clarify exactly what situation, it could be another and an- the purpose for the rapid reaction he said today with reference to ‘‘emer- other and another, and very shortly, force, as well as the meaning of ‘‘emer- gency’’? prior to a withdrawal decision, if we gency.’’ Those are areas in which I Mr. NUNN. I can clarify what I said. are involved in a succession of emer- hope persons will step forward and pro- I hesitate to try and clarify what was gency situations, we are in it. Plain vide clarification. said at that hearing, because I think and simple, we are in the battle at that Mrs. HUTCHISON addressed the there was at least implied conflict be- time. It would be a clear perception Chair. tween what the Secretary of Defense worldwide, and the use of the term The PRESIDING OFFICER. The Sen- was saying and perhaps what the ‘‘emergency’’ as justification, I feel, ator from Texas. Chairman of the Joint Chiefs said, al- would disappear. Mrs. HUTCHISON. Mr. President, be- though I thought later in the hearing Mr. NUNN. I say to my friend from fore the Senator from Georgia leaves Secretary Perry made it much clearer Virginia, I understand his position on the floor, I would like to address a as to what the administration had in this. I think it is an area where I hope question to him along the lines of my mind. we do not have to get involved. Of colleague from Virginia. I, too, was at I must say, in announcing that new course, in an emergency situation we the hearing they were discussing ear- dimension of possible U.S. ground force already are involved. We are flying lier and I, too, raised questions about involvement, which occurred about a flights over Bosnia. I think the situa- the emergency help that was being dis- week prior to that, I did not think the tion the Senator is directing his com- cussed and perhaps being offered by administration ever made it clear as to ments to is ground forces as opposed to U.S. forces—the Senator from Georgia what they intended. I can only give air forces. We have been participating must catch a train and will not be able you my view, therefore, and that is I for a year or two. The fact is that we to stay, but perhaps I can talk to my hope the United States will not have to lost a plane and, fortunately, thank- colleague from Virginia, because I put in any ground forces at all, but we fully, we rescued the pilot. know he has some of the same concerns clearly are pledged by the President of I would call that an emergency situa- that I do. the United States to put forces in to tion. In that situation, we put air I raised a question about the emer- help with the withdrawal. forces in—helicopters—and were pre- gency nature of what our commitment If there are emergencies related to pared to put ground forces in at that would be: Would it be only in conjunc- that withdrawal, we would be, I am time, and possibly had some on the tion with the evacuation, or would it sure, part of any effort to come to the ground at that time, to rescue a pilot. be any emergency that might arise in a relief of our allies. But assuming, be- I hope if we needed the French to res- reconfiguration effort? fore there is a withdrawal, there is cue that American pilot they would It was my understanding in the hear- some dire emergency, that our allies have been there. I would think if a ing that we really were looking at any get into an extreme situation—and I French pilot went down tomorrow and emergency, and I worry about that de- hope that is not going to happen—with they needed us and there was no other scription because I believe that leaves jeopardy to the lives of perhaps a num- way, we would go in there and help us open to any conflict on the ground ber of people that are basically under a that pilot. That is what an alliance is in Bosnia. U.N. mandate, under those dire cir- all about. But then the Senator from Georgia cumstances where there is no other Mr. WARNER. I associate myself also raised the issue of the air flights force available, I personally would with the remarks of the distinguished in which we do now participate, and I favor the President of the United Senator. There an emergency is very am concerned that we are not doing ev- clear. A downed aviator, no matter States having that authority and he erything necessary to protect our what nation he may come from, is probably would assert that under his forces in those overflights. For in- clearly in an emergency situation. But Commander in Chief authority, what- stance, the question was asked at that I am concerned about the gray area of ever we do in the Senate, he is able to hearing—I am sure the Senator from other situations as it relates to the dis- come to the aid of our allies in that sit- Virginia remembers—the question was position of the UNPROFOR forces all uation. asked: Are we going to take out the I just do not think you can have a over that region, oftentimes two or missiles, or are we going to stop the three individuals by themselves. successful alliance, if your allies get overflights until there is cover? I would Mr. NUNN. I think the Senator into an extremely dangerous situation, like to ask the Senator from Virginia if makes a good point. I hope that kind of he, too, is concerned about the con- which you voted for and encouraged, a situation would not develop. It may tinuing flying efforts if we do not at and you leave them at their own peril very well be that if we have some reso- to die in a situation where you could lution on the floor, that we ought to least have an understanding about have taken steps to help alleviate that leave that point without specific au- what our role is going to be, if we are danger. So those are clearly my views. thority, perhaps, but leaving it up to going to take out the missile sites be- I do not say I speak for anyone else on the President’s constitutional author- fore we go forward, or if we are going that subject. ity as Commander in Chief with con- to continue to put our flights in jeop- Mr. WARNER. Mr. President, I join sultation with Congress. It is hard to ardy? my colleague in expressing support for authorize that situation specifically, Mr. WARNER. Mr. President, I thank U.S. participation in an operation to but to me it would be a fundamental the Senator from Texas for joining us withdraw UNPROFOR, if our participa- error to preclude it, to block the reso- in this very important colloquy. In- tion is requested by our allies and nec- lution here. The Senator just acknowl- deed, we serve together on the Armed essary for the successful conclusion of edged, if there was a British or French Services Committee, and she has taken the mission. pilot that went down, we would want to a very active role in the policy formu- It is also my view that I hope we do help. lations of the committee on this tragic not have to put ground forces in. But I Mr. WARNER. Mr. President, that is situation in that part of the world. think our President has indicated that part of a NATO operation. I think at Just recently, I say to my good they would be available to assist in this point we should also indicate the friend, the Senator from Texas, I pub- such a withdrawal operation, if nec- United States is also actively involved licly said that our committee, the essary. Clearly, under those cir- in a naval embargo in the Adriatic. In Armed Services Committee, has a re- cumstances, I would support the use of two ways, we are a very active partici- sponsibility to investigate very clearly our ground and air forces to help in pant in those NATO actions. the circumstances under which Captain emergency situations associated with Mr. NUNN. The Senator is entirely O’Grady’s mission was not performed the withdrawal. But prior to the deci- correct. in the accompaniment of other air- sion to withdrawal UNPROFOR, the Mr. WARNER. I thank the Chair for craft—aircraft which are specifically use of our forces in an emergency situ- allowing a colloquy with my good designed and equipped for suppression ation can have serious consequences, friend from Georgia. of ground-to-air missiles. And we will because the word ‘‘emergency’’ is real- In conclusion, we point out two areas have to look into that, because no ly not definable. While it might be one that require further definition; namely, member of the Armed Forces of the S 8606 CONGRESSIONAL RECORD — SENATE June 19, 1995 United States, wherever he or she may Mrs. HUTCHISON. Mr. President, I under the ISTEA rural access author- be in the world today, should ever be would like to know what the status of ization has reached the Tarrant County subjected to a risk, which risk can be floor action is, because I have two line and Congress must clarify that it lessened to some extent by the utiliza- amendments that are technical and may continue so that the Texas De- tion of other assets possessed by the have been agreed to by both sides, partment of Transportation may com- U.S. military. which I would like to propose. plete the project. The Senator will recall that General Mr. WARNER. Mr. President, the The House has included this tech- Shalikashvili said that some 69,000 mis- matter before the Senate is the under- nical correction in every original legis- sions had been flown successfully with- lying bill, am I not correct? lation in 1991. It also was included in out a loss, such as Captain O’Grady, The PRESIDING OFFICER. The Sen- last year’s NHS bill and will likely do and that this particular mission was a ator is correct. so again in this year’s version. I thank longer route, where there had been—I Mr. WARNER. Amendments are now the chairman and ranking minority think I quote him accurately—‘‘no de- in order, and I note that the distin- member of the Environment and Public tection of ground-to-air systems,’’ such guished Senator from Texas has several Works Committee for their support in as to justify the inclusion of other as- amendments, as reflected on the docu- rectifying this small, but important, sets. Now, that is something we have to ments submitted to us. This would be problem in Tarrant County. determine, because subsequently there- an appropriate time to take those into Mr. WARNER. I understand that to in those reports and the testimony consideration. amendment is essentially a technical of the general before the committee on AMENDMENT NO. 1424 correction to the ISTEA legislation. which the Senator from Texas and I (Purpose: To change the description of a The managers are prepared to accept sit, came the reports that there had rural access project in Texas) it. I would like to await the arrival of been some collection of signals in an- Mrs. HUTCHISON. Mr. President, I my comanager before doing so. other area of our intelligence which send an amendment to the desk and Mrs. HUTCHISON. Mr. President, I lent themselves to the theory that ask for its immediate consideration. ask unanimous consent that the pend- there was present on that particular The PRESIDING OFFICER. The ing amendment be set aside so that I flight path a ground-to-air system. And clerk will report. may offer another amendment. in fact there was. So that is one of the The legislative clerk read as follows: The PRESIDING OFFICER. Without things we have to ascertain. Twofold: The Senator from Texas [Mrs. HUTCHISON] objection, it is so ordered. Was there a breakdown in intelligence proposes an amendment numbered 1424. AMENDMENT NO. 1425 if in fact those signals were collected Mrs. HUTCHISON. Mr. President, I (Purpose: To change the identification of a and confirmed? And, second, exactly ask unanimous consent that reading of high priority corridor on the National what policies and procedures does the the amendment be dispensed with. Highway System in Texas) Department of Defense employ at such The PRESIDING OFFICER. Without Mrs. HUTCHISON. Mr. President, I time as they put our uniformed people objection, it is so ordered. send an amendment to the desk and in a situation of great risk? The amendment is as follows: ask for its immediate consideration. Mrs. HUTCHISON. Mr. President, I At the appropriate place in title I, insert The PRESIDING OFFICER. The will just add to the two points that the following: clerk will report. have been made by the Senator from SEC. 1 . RURAL ACCESS PROJECTS. The legislative clerk read as follows: Virginia that I think we also should in- Item 111 of the table in section 1106(a)(2) of The Senator from Texas [Mrs. HUTCHISON] quire about exactly what flights we are the Intermodal Surface Transportation Effi- proposes an amendment numbered 1425. going to participate in and if we are ciency Act of 1991 (Public Law 102–240; 105 Mrs. HUTCHISON. Mr. President, I going to take some action to make Stat. 2042) is amended— ask unanimous consent that reading of sure that we either take out the mis- (1) by striking ‘‘Parker County’’ and in- the amendment be dispensed with. siles which had been suggested by serting ‘‘Parker and Tarrant Counties’’; and (2) by striking ‘‘to four-lane’’ and inserting The PRESIDING OFFICER. Without NATO and vetoed by the United Na- ‘‘in Tarrant County to freeway standards and objection, it is so ordered. tions earlier in this process, or if we in Parker County to a 4-lane’’. The amendment is as follows: should stop participating in those Mrs. HUTCHISON. Mr. President, On page 36, strike lines 2 and 3 and insert overflights, over that disputed terri- this is indeed a technical amendment. the following: tory, before we get into a situation It just adds Tarrant County to the list Interstate System.’’; where we have another of our young (2) in paragraph (18)— of what counties may be included in men shot down, as we witnessed. (A) by striking ‘‘and’’; and this rural access projects. The reason is (B) by inserting before the period at the Thank goodness we had a good result, because a little bit of work needs to be because we now have Captain O’Grady end the following: ‘‘, and to the Lower Rio done in Tarrant County for the Parker Grande Valley at the border between the back safe and sound. But I think these County project that was already ap- United States and Mexico’’; and are very important points that the proved. (3) by adding at the end the following: Armed Services Committee should look ISTEA section 1106(a)—rural access Mrs. HUTCHISON. Mr. President, into before any kind of authorization is projects—contains a project to upgrade this amendment would extend high-pri- given, and I think there are a lot of an existing highway to four lane di- ority corridor 18 from where it cur- questions to be asked. I thank the Sen- vided highway in Parker County, TX. rently ends in Houston, TX, all the way ator for his leadership in this effort. In order to complete this project as en- to the Mexican border in the lower Rio The Senator from Virginia has really visioned, some work must be under- Grande Valley. been a wonderful conscience for this taken in neighboring Tarrant County. Under the Intermodal Surface Trans- conflict. I appreciate the work he has However, ISTEA makes no mention portation Efficiency Act of 1991, cor- done on the Armed Services Commit- of Tarrant County in the project au- ridor 18 now extends from Indianapolis, tee. thorization and there is a question at IN, through Evansville, IN, Memphis, Mr. WARNER. Mr. President, I thank TXDOT as to whether it can complete TN, Shreveport/Bossier, LA, terminat- my colleague from Texas for her the project through Tarrant County ing in Houston, TX. Corridor 18, along thoughtful remarks, and indeed I could with the ISTEA-authorized funds since with corridor 20—from Laredo to Hous- say the same about the Senator from Tarrant is not specifically named in ton—are together popularly referred to Texas and her participation in her ISTEA by virtue of oversight. as I–69. years on the committee. I am offering a technical amendment Extending corridor 18 to the Rio f to ISTEA which extends authorization Grande Valley will expedite the ship- to complete the project as intended in ment of goods traded between Mexico, NATIONAL HIGHWAY SYSTEM Tarrant County. This amendment does the United States, and Canada by pro- DESIGNATION ACT not authorize any additional funds. viding a direct link from the Canadian The Senate continued with the con- Passage of this language has become border to the Mexican border through sideration of the bill. critical because work undertaken the heart of the United States. Eighty June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8607 percent of United States trade with Texas that we indeed commend the Mr. LIEBERMAN. Mr. President, I Mexico is land-based. Because of geog- Senator for diligently looking after the ask unanimous consent that the order raphy, economic development, and interest of the State of Texas as it re- for the quorum call be rescinded. commerce on both sides of the border, lates to the interstate highway system. The PRESIDING OFFICER. Without Texas is the funnel through which the These are two very important objection, it is so ordered. majority of land-based United States- changes. They do not involve new NHS Mr. LIEBERMAN. Mr. President, I Mexico trade must pass. miles. However, they are essential for ask unanimous consent I be allowed to More than 50 percent of that traffic the purpose of the use of this system in proceed for up to 7 minutes as in morn- crosses the border at the Rio Grande your State. ing business. Valley and Laredo; that number is ex- I commend the Senator for bringing The PRESIDING OFFICER. Without pected to increase to almost 75 percent them to the attention of the Senate. I objection, it is so ordered. over the next decade. This amendment urge the adoption of the amendments f would give the growing traffic on the presented by the Senator from Texas. high-priority corridor system conven- They are agreed to by the managers on BOSNIA ient access to the entire United States- both sides. Mr. LIEBERMAN. Mr. President, I Mexico border. The PRESIDING OFFICER. Is there noted a short while ago that three or Currently there are 9 existing border further debate? The question is on four of my colleagues were addressing crossings in the lower Rio Grande Val- agreeing to the amendment numbered themselves to the most recent events ley, with a total of 30 lanes. In 1994, 1425. in the former Yugoslavia. I myself they handled approximately 28.3 mil- The amendment (No. 1425) was agreed wanted to take this occasion to do the lion crossings. Given the number of ex- to. same, because the events there, which isting and planned bridges, the lower Mrs. HUTCHISON. Mr. President, I have been heartbreaking, tragic, frus- Rio Grande Valley is an increasingly move to reconsider the vote. trating, and infuriating in various de- significant center for cross-border com- Mr. WARNER. Mr. President, I move grees for the last 3 years, seem to only merce. to lay that motion on the table. get more so. Extending corridor 18 to the lower The motion to lay on the table was I rise today, as I have on numerous Rio Grande Valley will provide a direct agreed to. occasions over the past years to talk link for the eight States along the I–69 VOTE ON AMENDMENT NO. 1424 about the tragedy which continues to corridor—which accounted for $50.6 bil- Mr. WARNER. Now, may we proceed unfold in Bosnia. There seems to be no lion or 38 percent of the dollar value of to the second amendment, and I urge end to the suffering of innocent people United States trade with Mexico and its adoption. in that war-torn land. No end to the Canada in 1993. The PRESIDING OFFICER. The senseless murder of women and chil- It will maximize the use of our bor- question is on agreeing to the amend- dren in once-beautiful cities like Sara- der crossings. It will create a first-rate ment numbered 1424. jevo. I saw a news clip this weekend; in The amendment (No. 1424) was agreed extended route that will distribute bor- the midst of the firing on the city that to. der traffic over several entry points, al- went on, the flowers come up—remem- Mr. WARNER. Mr. President, I move lowing for cost-efficient cross-border brances of times that were better to reconsider the vote. movement of goods. Mrs. HUTCHISON. I move to lay that there. Even today, as people have to go Extending corridor 18 to the lower motion on the table. to rivers running through the town to Rio Grande will create an infrastruc- The motion to lay on the table was try to get some water with which to ture that will enable the United States agreed to. wash themselves, perhaps to boil it for to maximize economic development Mr. WARNER. We thank the Senator drinking water or for cooking. No end through all of the States that I have from Texas and we appreciate the par- to the outrageous, illegal, and fun- just mentioned, as well as our ability ticipation of all Senators in moving damentally immoral conduct of inter- to move goods and better capitalize on along this legislation. national outlaws who are operating international trade. Mr. CHAFEE. Mr. President, I would under the banner of the Bosnian Serbs Finally, the development of corridor like to join in the commendation to from their headquarters in Pale. No 18 to the lower Rio Grande Valley will the Senator from Texas for the vigor end to the humiliation of the United link up with infrastructure develop- with which she has handled this. She Nations and to the brave soldiers wear- ment in Mexico. Currently, the Mexi- certainly is a strong proponent for her ing the blue hats of UNPROFOR who can State of Tamaulipas is advancing State, rightfully so, and she does an ex- are beleaguered in every spot where plans to construct a gulf highway cor- cellent job. I congratulate her. they have been stationed in Bosnia. No ridor from the industrial center of Mrs. HUTCHISON. I did not know the end to the chaos, confusion, and indeci- Mexico City to the Rio Grande Valley. Senator from Rhode Island had come siveness of the international commu- I want to say how much I appreciate back to the floor. I had mentioned him nity which has allowed this situation the assistance of the chairman, the before, but I could not have asked for to deteriorate to its current, tragic, pa- ranking minority member of the Envi- more cooperation in getting these two thetic low point. Regrettably, U.S. pol- ronmental and Public Works Commit- amendments through than I have seen icy has been part of this sad story. tee, and the distinguished Senator, the from the chairman of the committee, Mr. President, the headlines of to- chairman of the subcommittee, from the Senator from Rhode Island. He is day’s New York Times highlight the Virginia, in this matter and say that doing a terrific job in shepherding this depths to which the policies of the this is truly going to enhance our abil- very important bill through. West have fallen—‘‘Captives Free, U.N. ity to capitalize on NAFTA. It will af- This bill actually is going to enhance Gives Up Effort to Shield Sarajevo.’’ fect all of the States that are going to our infrastructure in this country. It is So what has happened here? Inter- have the ability to have the traffic and going to create jobs. It is going to national outlaws—the Serbs—seize increase the trade between Mexico and lower costs and increase productivity. U.N. soldiers—peacekeepers, sup- the United States and Canada. This is a It will improve air quality. There are posedly, wearing the blue helmets, non- win for everyone. so many side effects for this bill that combatants—seize them as hostages. Mr. President, I appreciate the co- are going to be good for everyone. I do And what is their reward? Their reward operation of the Senator from Virginia, appreciate the leadership of the Sen- is that the United Nations ceases to en- the Senator from Rhode Island, and the ator from Rhode Island in getting it force a U.N. resolution which com- Senator from Montana, in allowing me through. pelled U.N. forces to protect Sarajevo to put forward these amendments that Mr. CHAFEE. Mr. President, I sug- and other safe areas in Bosnia. In other I think will increase the economic ben- gest the absence of a quorum. words, internationally, at least in efit to all three countries that are par- The PRESIDING OFFICER. The Bosnia, crime does pay. The most out- ticipating in NAFTA. clerk will call the roll. rageous, inhumane crime. Mr. WARNER. Mr. President, may I The bill clerk proceeded to call the And of course, the seizing of the U.N. say to the distinguished Senator from roll. personnel was not the worst of it. Capt. S 8608 CONGRESSIONAL RECORD — SENATE June 19, 1995 Scott O’Grady has become quite justifi- gather, seeking water, at the very time of Bosnia and Herzegovina, an embargo ably and, thank God, a national hero the U.N. hostages were being released. that has left one side with heavy weap- for his courage, for his steadfastness, Many of these people were elderly ons, the other side ill prepared to de- his extraordinary resourcefulness, for Sarajevans standing in line for water— fend families and country. If other the skill of the American marines who water that has become ever scarcer as countries will not go along with what came to his aid, for the effectiveness of the Serb stranglehold on Sarajevo con- is perhaps the last, best hope not only American technology that, combined tinues unabated. And what is the un- for the people of Bosnia but for the rule with his bravery, created the cir- derstanding that is worked out be- of law, for the standards of inter- cumstance in which he could be liber- tween the United Nations and the Serb national opposition to aggression and ated, could be saved. But, Mr. Presi- positions from which the artillery genocide, then the United States, I dent, let us not forget what happened. came? Only that they allow the water hope, will lift it unilaterally, without Captain O’Grady, was on a patrolling to be turned on again. delay. But, of course, if the United Na- mission, not a hostile mission. He was And so the ultimatum which the tions is out, the traditional excuse, ra- on a mission to enforce a U.N. resolu- United Nations issued early last year tionalization of our allies in NATO for tion that there be a no fly zone over to protect the people of Sarajevo has not supporting a lifting of the embar- Bosnia, that fixed-wing aircraft not fly. now gone the way of all of the United go, which is that it might lead to the And he was shot down in a hostile act Nations’ efforts in Bosnia—it has been seizing of hostages, will be eliminated. trampled under the heel of the Serbian by Serbian missiles. And even after Hostages have been taken. With the indifference, the Serbian flouting, the those days of eating grass and bugs to United Nations out, there will be no Serbian disregard—I cannot find a keep himself alive, covering himself more hostages to take. To deny the le- face-down in the dirt so that the Ser- noun strong enough for what I feel—of gitimate Government of Bosnia the bian soldiers walking by would not find the rule of law and the conduct of civ- right to defend its sovereignty and the him, finally he gets the message out, ilized States at the end of the 20th cen- lives of its people is simply wrong. and those two CH–53E Super Stallions tury. This follows aggression. This fol- come in with the Marines to rescue lows genocidal acts against people sin- Mr. President, last week Prime Min- this American hero, and what happens? gled out only because of religion, in ister Silajdzic of Bosnia and They are fired on by the Serbs—really this case Moslem. Two hundred thou- Herzegovina was in Washington. Many an act of war. The domestic equivalent sand dead, two million refugees taken of us had the chance to hear him, to to this would be, what would happen if from their homes, increasingly under meet with him. I must say, I have seen criminals in a city in our country the cover of a U.N. mission that was him several times here in Washington. seized police who were walking or supposed to bring peace, but has not I have never seen him so grim. I have riding on a routine mission, and then brought any of it and has, unfortu- never seen him so frustrated. I have when other police came to take them nately, increased the suffering. The top never seen him so deeply concerned, out, fired on those other police. What U.N. official in Bosnia, Yasushi Akashi, depressed about the suffering which his would our reaction be? We would go in has now declared that UNPROFOR will people continue to endure without hope with all we had to get them out; we adhere strictly to peacekeeping prin- of that assistance that they continue would feel that we had an obligation in ciples; thus, the use of force will, ap- to feel and pray for is just around the the interest of law to punish them. parently, no longer be considered by corner, particularly from the United What happens here? Nothing. The the United Nations. In fact, Mr. Akashi States of America, the last, best hope Serbs got away with it. indicated last week, 10 days ago, that for people who suffer as the Bosnians So this is the headline, ‘‘Captives the United Nations would only act have. Free, U.N. Gives Up Effort to Shield when they had Serb permission to do I have also never seen Prime Minister Sarajevo.’’ The captives obviously are so. Mr. Akashi, I say to you that it is Silajdzic so determined that Bosnia the U.N. peacekeepers who were held as time to wake up and look around at will continue to fight for its rights as hostages for these past weeks. While the ashes of what once was a a sovereign state. Because no one else their return marks the end of one more multiethnic society in Bosnia—there is will come to their aid. If they are not crisis in Bosnia, it also demonstrates no peace to keep. Why is UNPROFOR for themselves, literally, who else will all too clearly why the U.N. forces remaining in Bosnia to perform a mis- should no longer be on the ground in sion which by definition cannot be per- be? And if not now, when? The Prime Bosnia. There is no peace for these sup- formed there? It is as if these coura- Minister made clear once again that he posed peacekeepers to keep. Barely geous, but ill-fated soldiers wearing the does not want American soldiers on equipped for self-defense and left in po- U.N. uniform had been thrown in by Bosnian soil. He wants to have the sitions where they are continuously the nations that control the United Na- ability—the weaponry—for the brave vulnerable to Serb humiliation and tions as a kind of stop-gap measure to Bosnians to fight their own fight. What manipulation, these men do not lack answer the question, ‘‘What are you they seek is the right to obtain those for individual courage, but their hands doing to stop the aggression and weapons which will enable them to de- have been tied by Orwellian U.N. poli- slaughter and genocide in Bosnia?’’ fend themselves against those who cies where appeasement of the Bosnian And so the peacekeepers have been have committed aggression and geno- Serbs is seen as a virtue and self-de- thrown in, where there is no peace, cide against them. fense by the United Nations is seen as without the capacity to defend them- Time has been running out for the a vice. And so the last of these so- selves, bringing humiliation on the people of Bosnia for too long now. The called peacekeepers have been returned United Nations and on the rule of law United Nations has not been willing or from their illegal and immoral impris- and civility in international relations. able to stop the bloodshed. It is time onment. But at what price? It is time for the U.N. leadership and for the United Nations to step aside. Apparently in exchange for the re- the heads of the countries with forces What is left is for the people of Bosnia lease of these hostages, the United Na- in the UNPROFOR to acknowledge to fight their own fight with our assist- tions has now withdrawn from all of that in spite of everything else that ance: at least with us untying their the heavy weapons-collection sites has gone on, it is time for UNPROFOR hands, which we have tied behind their around Sarajevo and withdrawn into to get out. The UNPROFOR mission backs by the continued imposition of the city. And now, they too can become should be terminated de jure as well as this embargo, which originated at a targets once again of the wanton Serb de facto, because de facto, it is over, it time when the State of Bosnia did not artillery, rocket, mortar, and sniper does not stand for anything, it is not exist, as an attempt to avoid the ex- fire that lands on Sarajevo. It is pre- helping anyone, as the events of the pansion of war by keeping arms out of cisely this Serb use of civilians, hos- past week coming right down to yester- the area. But it is the Serbs in Bel- pitals, apartment buildings, schools, day, show. With the withdrawal of grade who control most of the war- and playgrounds for target practice UNPROFOR, the international commu- fighting industrial capacity that was which yesterday cost another 7 people nity will again have the opportunity to Yugoslavia’s. It is the Bosnians who their lives and wounded 10 others, I act to lift the immoral arms embargo are left to fight tanks with light arms. June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8609 Mr. President, the grotesque advan- Dole: Relevant. ties in this country. In 1974, the next tages that have been given to the ag- Dorgan: Open container/drunk driving. year, Congress established the 55-mile- gressor here, as we continue to declare Exon: High risk drivers. per-hour speed limit. Exon: Railroad crossings. a kind of neutrality which amounts to Exon: Truck lengths. That is very same year highway fa- immorality, defies all standards of de- Faircloth: Relevant. talities dropped by 16-percent—a 16 per- cency and international law. The time Feingold: Relevant. cent reduction the very next year after is at hand for us finally to answer the Frist: CMAQ funding. Congress imposed the 55-mile-per-hour call for help which has been coming, Graham: Relevant. speed limit. Fatalities that year but has been unanswered, from Bosnia Graham: Relevant. dropped from 55,000—in 1973—to 46,000 Graham: Relevant. for too long. I hope that my colleagues Grams: Private property. in 1974. in both parties in this chamber will be Gregg: Relevant. Mr. President, according to the Na- able to play a leadership role in sup- Gregg: Relevant. tional Academy of Sciences, the na- porting, encouraging, as rapidly as pos- Hatfield: Authorization of 15 in Oregon. tional speed limit law saves somewhere sible, the withdrawal of the U.N. forces Inhofe: Single audits. between 2,000 and 4,000 lives every year. from Bosnia, the lifting of the arms Inouye: Relevant. So there have been as many as 80,000 Jeffords: Project review. embargo, and the selective use of Al- Kohl: Grandfathering size/weight trucks lives saved in this country because of lied air power to protect not just the Wisconsin route. this law since 1974. sovereignty of a nation, Bosnia, that Lautenberg: Restore speed limit require- Mr. President, another historical fact has been invaded by a neighbor, but to ments. moving forward to 1987: When the man- protect the rule of law, in Europe and Leahy: Non-interstate NHS routes project datory speed limit was amended in 1987 throughout the world. In that, we here review. to allow the 65-mile-per-hour speed continue to have a vital national inter- Leahy: Relevant. limit on some of the rural interstates Levin: Relevant. in this country, the fatalities on those est. Lott: NHS route designation. I thank the Chair. I yield the floor. Mack: NHS maps. highways went up 30 percent more than Mr. President, I suggest the absence McCain: Highway demo projects $ out of had been expected. Increasing the speed of a quorum. state allocation. limit to 65 miles per hour on rural The PRESIDING OFFICER (Mr. McCain: Highway demo projects. interstates cost 500 lives per year. GRAMM). The clerk will call the roll. McConnell: Tolls. Those highways are among the safest The bill clerk proceeded to call the Moseley-Braun: Motorcycle helmets (w/ roads in America. What happens when Snowe). we totally repeal that law, totally re- roll. Murkowski: Designation of Dalton High- Mr. CHAFEE. Mr. President, I ask way. peal the 55 miles per hour, not just on unanimous consent that the order for Reid: Trucks/speed limit. the rural interstates but in the urban the quorum call be rescinded. Roth: States flexibility to Amtrak funding. interstates as well? I think we will con- The PRESIDING OFFICER. Without Roth: States flexibility to Amtrak funding. tinue to see it go up, and it will go up objection, it is so ordered. Roth: States flexibility to Amtrak funding. at a much faster rate—the fatalities. Simon: Date of bridge. f If we were to see just the same in- Smith: Helmets/seatbelts. crease—30 percent—that we saw on the Smith: Helmets/seatbelts. NATIONAL HIGHWAY SYSTEM Stevens: Dalton Highway designations. rural highways in the rest of the inter- DESIGNATION ACT Stevens: Right of way designations. state system because of this particular The Senate continued with the con- Thurmond: High priority corridors. law, the Department of Transportation sideration of the bill. Thurmond: High priority corridors. estimates an additional 4,750 people Thurmond: High priority corridors. would die every single year. f Mr. CHAFEE. Mr. President, I ask I think that is clearly not the direc- UNANIMOUS-CONSENT AGREEMENT unanimous consent that no amendment tion we need to go in in the area of dealing with affirmative action be in highway safety. I believe that we need Mr. CHAFEE. Mr. President, I ask order during the pendency of S. 440. to go in the opposite direction because unanimous consent that during the The PRESIDING OFFICER. Without there are obviously far too many Senate’s consideration of S. 440, the objection, it is so ordered. Americans dying on the highways of highway bill, the following amend- Mr. CHAFEE. Mr. President, I sug- this country every year. ments be the only first-degree amend- gest the absence of a quorum. In my home State of Ohio in 1993 a ments in order, that they be subject to The PRESIDING OFFICER. The total of 1,482 people were killed in car relevant second-degree amendments, clerk will call the roll. accidents. Over 20 percent of those ac- and that no second-degree amendments The assistant legislative clerk pro- cidents were speed related. Nationwide, be in order prior to a failed motion to ceeded to call the roll. excessive speed is a factor in one-third table, unless the amendment is de- Mr. DEWINE. Mr. President, I ask of all fatal crashes. scribed only as relevant, in which case, unanimous consent that the order for Mr. President, I believe the old adage second-degree amendments would be in the quorum call be rescinded. got it exactly right. Speed does kill. order prior to a motion to table. The PRESIDING OFFICER (Mr. And even if interstate highways were This agreement has been agreed to by CRAIG). Without objection, it is so or- designed for 70-mile-per-hour travel, the Democratic side. dered. people are not. People are not designed The PRESIDING OFFICER. Without Mr. DEWINE. Mr. President, I rise to survive crashes at that speed. As objection, it is so ordered. today to offer my support for the na- speed increases, driver reaction time The list of amendments is as follows: tional highway bill. I believe it is a decreases. The distance the driver Baucus: CMAQ eligibility. good bill. But I believe there is one pro- needs, if he is trying to stop, increases. Baucus: Managers’ amendment. vision of the bill that, quite frankly, When speed goes above 55 miles per Baucus: Relevant. needs to be changed. So tomorrow, Baucus: Strike Section 117. hour, every 10-mile-per-hour increase Biden: State flexibility (w/Roth). Senator LAUTENBERG and I will be of- doubles—doubles—the force of the in- Biden: Amtrak. fering an amendment to retain the cur- jury-causing impact. This means that Bond: Relevant. rent maximum national speed limit. at a 65-mile-per-hour speed, a crash is Boxer: ISTEA project demonstration. The bill as it is currently written to- twice as severe as a crash at 55 miles Bumpers: NHS connector route. tally repeals this law. I believe this ac- per hour. A crash at 75 miles per hour Byrd: Relevant. tion of repealing this law clearly flies is four times more severe. Byrd: Relevant. in the face of reality, commonsense, A speed limit of over 55 is a known Campbell/Snowe: Helmets. logic, and history because I believe killer. Let us face that fact and do the Chafee/Warner: Managers’ amendment. Cohen: Labor provisions of 13C. that on this issue the facts are in and right thing right here as part of this Conrad: Relevant. they are conclusive. bill. That means I believe voting ‘‘aye’’ Daschle: Metric requirements. Let us talk a little history. In 1973, on the amendment which Senator LAU- Daschle: Relevant. 55,000 people died in car-related fatali- TENBERG and I will propose tomorrow. S 8610 CONGRESSIONAL RECORD — SENATE June 19, 1995 I intend to come to the floor again Mr. MOYNIHAN. I am happy to yield. standing, am I not correct, that the tomorrow to talk at further length Mr. DEWINE. Mr. President, I would Senator will be joining with the Sen- about this particular amendment. But like to congratulate the Senator from ator from New Jersey to restore the I do believe that what we do in this New York not only for his long interest speed limit? body has consequences. I do not think in this area going back for several dec- Mr. DEWINE. That is correct. anyone should be led to believe that ades but for the work he has done. The thing I point out to the Senate passing the bill as it is currently writ- I read an article by the Senator a few and my colleagues is it is really restor- ten, passing a bill that flies in the face months ago talking about the fact that ing the status quo. It is restoring it to of 20 years of statistics, 20 years of his- there are really two things we always something that has clearly worked. As tory, 20 years of saving lives, makes have to deal with in trying to reduce the Senator from New York has also any sense. I think each one of us, as we auto fatalities. And one is driver be- pointed out, this has worked. This has cast our vote tomorrow on this par- havior but the other is the design of saved lives. Without any compelling ticular amendment, needs to think the car, and things that are external to reason, to turn back the clock and to about it and needs to think of young that driver. ignore 20 years of history, over 20 people and old people whose lives have As the Senator pointed out—I cannot years’ demonstrated experience of sav- been saved over the past 20 years be- recall whether it was an article or an ing lives, really makes absolutely no cause of this law. To repeal it with no op-ed piece—tragically it was some- sense. I think the consequences of what real compelling urgency, and no real thing that we should not be surprised we do tomorrow are very significant. A need to do this, I think would be a very by. It is easier many times to alter the lot of times, we do things in this Cham- tragic mistake. car, to alter the speed limit, and to do ber, and we act as if they are impor- Mr. President, I will, along with my other things than to alter the behavior tant, but they are really not. What we colleague, be offering this amendment of the driver. Certainly, the Senator do tomorrow on this vote will make a tomorrow. I plan on debating this at has been a real leader in the efforts to difference and lives, I believe, will be length tomorrow. do that, in the efforts to develop the affected. I am absolutely convinced the Mr. President, I yield the floor. change in design of the car, the seat evidence shows that if we raise the Mr. MOYNIHAN addressed the Chair. belts, and air bags, and the other speed limit from the national perspec- The PRESIDING OFFICER. The Sen- things that every single day are saving tive, people will die. People will die ator from New York. lives in this country, not to say that who would not have died if we had kept Mr. MOYNIHAN. Mr. President, if we do not want to continue with the the law the way it is. the distinguished Senator from Ohio work on driver behavior. It is some- That may sound brutally blunt, but I would remain on the floor for just a thing that we all have to work on. think at times we have to be blunt. moment, I would like to congratulate But the Senator from New York has And I think the facts clearly show that him for his remarks. I will be one of been a real leader in this whole area. I is what we are talking about. So I ap- many Senators supporting him. This is want to congratulate him, and I appre- preciate my colleagues’ comments very very much a part of the Intermodal ciate his comments and am looking much. Surface Transportation Efficiency Act forward to working with him on the Mr. MOYNIHAN. Mr. President, if I of 1991. floor tomorrow. could detain my friend from Ohio and But just to add to the remark, the Mr. MOYNIHAN. It is very generous the distinguished chairman just an- Senator speaks of the fatalities. And of the Senator. other moment, we say that there are could I suggest also that since 1965, Mr. CHAFEE addressed the Chair. 40,000 lives lost a year on highways. when we established the National High- The PRESIDING OFFICER. The Sen- When we began working on the epide- way Traffic Safety Administration and ator from Rhode Island. miology of automobile crashes—not ac- began the work on vehicular design and Mr. CHAFEE. Mr. President, I join in cidents; they are not accidents; they crashworthiness, there has been the the commendation of the Senator from are predictable events in a complex whole idea of seat belts, and now, of Ohio with the effort he is going to un- system—we were already approaching course, air bags, and the redesigning of dertake tomorrow with the Senator 50,000 deaths a year. In the interval the automobiles’ interiors and such from New Jersey in restoring the speed since we began changing design with like; is very important work. Dr. Wil- limit, which the committee of jurisdic- passive restraints and such, we cannot liam Haddon, whom I had worked with tion eliminated. have but doubled the number of auto- in Albany in the 1950’s, became the As you know, Mr. President, the mobiles and doubled the number of first Director of that Administration. speed limit currently is 55 miles an miles, but the number of deaths has ac- The idea that there are two collisions hour on interstates except 65 miles an tually dropped. when a car hits a tree—nothing gets hour on rural interstates. I think this I make a point that this idea of pas- hurt unless you have a thing about has worked well. Anybody who has sive restraints, where you build safety trees. It is when a person in the car— given any thought to this matter has into the system, you will find in the hits the inside of the car that you have seen the tremendous destruction of Bible. And in the best tradition of this a personal injury. lives and equipment and lost time and institution, I would like to cite—this We have done a very great deal of horrible injuries that have arisen from was first found by William Hadden, Jr., work in this regard over what is now a speeding and the accidents that result the Dr. Hadden I mentioned. It is in generation such that collisions which therefrom. Deuteronomy, chapter 22, verse 8: would once have been routinely fatal Just think of it. In our country, on When thou buildest a new house, thou would now simply be seriously injuri- the highways, 40,000 people a year are shalt make a battlement for thy roof, that ous. killed. That is an astonishing figure. I thou bring not blood upon thine house, if any When we think of the number of lives think the total deaths in Vietnam were man fall from thence. that are at risk by raising the speed something like 57,000, and that is a It is a simple idea. Have a railing so limit, which I think is the case, we shocking figure. But that occurred over in the dark you do not step off and land could compound that by a factor, prob- some 5 years. Every year, 40,000 people 40 feet below. It is elementally good ably of tenfold, of injuries which need are killed. And those are the deaths. I sense, but it is amazing how much ar- not be minor, which can be crippling, think you can extrapolate something gument it can take, and we shall hear can be permanent, can be hugely cost- like four times that for the serious in- more such argument tomorrow. But I ly, and can be avoided by maintaining juries; in other words, the people who wish the Senator from Ohio great good the commonsense regulations we have live but are seriously injured. fortune. in place, which we put in place by a And so I think this is no time, Mr. Mr. CHAFEE. Mr. President, I am long hard process of learning about President, to change the speed limit. impressed by the quote from Deuteron- what really was involved in managing But it was the view of the Committee omy, and I think that will help our this particularly implicitly dangerous on Environment and Public Works that cause greatly. system. we should change it. I congratulate the Now, Mr. President, I would like to Mr. DEWINE. Will the Senator yield? Senator from Ohio. It is my under- say to the Senator from Ohio that not June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8611 only do I commend him for his efforts safety purposes—safety in helmets, The PRESIDING OFFICER. The in connection with the speed limit, but safety in motorcycles, safety in auto- clerk will call the roll. I also would draw his attention to an- mobiles. The legislative clerk proceeded to other safety measure that will prob- I will be very candid, the States do call the roll. ably be attempted to be undermined not like that because it takes some of Mr. CHAFEE. Mr. President, I ask here tomorrow, and that is the legisla- their highway funds that they would unanimous consent that the order for tion we have which passed in 1991 in rather spend on highways than on edu- the quorum call be rescinded. connection with the interstate trans- cation. The PRESIDING OFFICER. Without portation legislation fathered by the You might ask, ‘‘What is the Federal objection, it is so ordered. distinguished Senator from New York, Government doing in this anyway? Mr. CHAFEE. Mr. President, the dis- and that legislation encourages States Isn’t this a States rights matter? Why tinguished Senator from New York and to pass mandatory seatbelt laws and doesn’t the Federal Government stay I are here. We are ready to do business. mandatory motorcycle helmet laws. out of this?’’ There are 15-plus amendments that are Every single Senator on this floor, in The reason we are in it, and deeply on the agreement for tomorrow. I see connection with health, if asked: ‘‘Are into it, is because we pay Medicaid. no reason why we cannot dispose of you for preventive medicine?’’ would There is not a State where we do not some of them now. Some might be say, ‘‘Yes. Sure, certainly I am for pre- pay 50 percent of Medicaid and, in most agreed to, some might be contested, at ventive medicine.’’ But if there ever instances, pay more than that. So if we least they can be debated. We will not was preventive medicine of a very dra- are paying the piper, we have a right to have any votes, but it is a good time to matic type, it is the mandatory seat- call the tune. have a discussion. I think it is too bad belt laws and the mandatory helmets These motorcyclists—I will say more we are whiling away the day here with for motorcyclists. on this tomorrow when the amendment no action. Let us just take the motorcycle hel- comes up—but these motorcyclists who As I say, the Senator from New York mets. The correlation between the de- are laid up in hospitals, grievously in- and I are here and the store is open and cline of deaths for motorcyclists and jured, many in a coma because they looking for customers. So, Mr. Presi- the passage of laws dealing with man- have head injuries because they did not dent, I hope the call will go out near datory helmets absolutely exists. That wear a helmet, they are being main- and wide to come on over and offer correlation is there. tained in these hospitals by Medicaid. your amendments. Example: California. California, I They do not have fancy insurance poli- Mr. MOYNIHAN addressed the Chair. suppose, has more motorcyclists per cies. They are being maintained by The PRESIDING OFFICER. The Sen- capita than any State in the Nation. Medicaid, which you and I and you and ator from New York. And the California Legislature, the you and you and the people in the gal- Mr. MOYNIHAN. Mr. President, I General Assembly in California three leries and elsewhere are paying. They simply would like to restate the re- times had passed mandatory helmet are paying the bill. quest, if I may put it in those terms, laws, but the Governor, prior to Gov- I think if we are paying the bill, we certainly the invitation, of our chair- ernor Wilson, a Republican, vetoed have a right to require at least that man, noting once again Senator BAU- that legislation, and the veto was not these motorcyclists wear helmets and, CUS is necessarily absent. We have a overridden. to the extent it can be monitored, that long list of amendments. There is work Governor Wilson, then a Senator the seat belts be used in the vehicles. to be done. On the other hand, it could here, sponsored or joined in sponsoring Mr. MOYNIHAN. Will the distin- be that people feel the product of the legislation mandating the use of hel- guished chairman yield for a question? committee is so finely crafted that it mets, mandatory helmet laws. He then Mr. CHAFEE. I sure will. I just want would really be superfluous, if not at was elected Governor of California, and to say, I know the Senator from Ohio some level diminishing, to change it as Governor of California, when that may be leaving. I am proselytizing him now that it has come to the floor, in legislation mandating motorcycle hel- for his vote in connection with that which event we can be out of here in mets passed, Governor Wilson signed particular measure. this regard by noon tomorrow. it, despite the fact that the motorcy- Mr. MOYNIHAN. Perhaps he will stay I suggest the absence of a quorum. The PRESIDING OFFICER. The clists, some 3,000 or 4,000 strong, circled long enough to hear this question. The distinguished chairman, some- clerk will call the roll. the capitol in Sacramento protesting. time Secretary of the Navy, was a com- The legislative clerk proceeded to So again Governor—former Senator— bat marine in the Second World War; is call the roll. Wilson signed the legislation. Mr. MOYNIHAN. Mr. President, I ask Now, what has been the result? The that not right? Mr. CHAFEE. That is true. unanimous consent that the order for result has been a decline in deaths of Mr. MOYNIHAN. A combat marine. the quorum call be rescinded. motorcyclists of 36 percent, from 1 year Mr. CHAFEE. Although all marines The PRESIDING OFFICER. Without to the next. It followed the years fol- would say they are a combat marine, objection, it is so ordered. lowing that legislation. since there is no such thing as a AMENDMENT NO. 1426 That is extraordinary. There is no noncombat marine. reason it can be ascribed to other than (Purpose: To ensure that High Priority Mr. MOYNIHAN. When you were in Corridor 18 is included on the approved Na- that law. Maryland is the same way. combat with those marines, were there tional Highway System after feasibility Maryland passed the law—a 20 percent marines who thought it was somehow study is completed) decline. And nearly all the populace unmanly to wear helmets? Mr. MOYNIHAN. Mr. President, I States have passed that law—Texas, Mr. CHAFEE. I cannot remember send an amendment to the desk on be- and Florida. I regret that my State has any. half of Mr. BUMPERS and ask for its im- not passed it. We are certainly not one Mr. MOYNIHAN. ‘‘I’m macho, I will mediate consideration. of the more popular States. take this helmet off.’’ The PRESIDING OFFICER. The Mr. MOYNIHAN. Populace. Mr. CHAFEE. No; not for long any- clerk will report. Mr. CHAFEE. Populace States. Oh, a way. The legislative clerk read as follows: very popular State, but not populace. Mr. MOYNIHAN. I thank you for the The Senator from New York [Mr. MOY- And Ohio, likewise, has not passed it. answers to my questions. NIHAN], for Mr. BUMPERS, proposes an amend- But I have urged the passage of that Mr. CHAFEE. As a matter of fact, ment numbered 1426. legislation in my State. Certainly, I many a marine would be delighted if he Mr. MOYNIHAN. Mr. President, I ask am going to vote to retain the require- could have crawled into his helmet. It unanimous consent that reading of the ment—it is not a requirement. What it somehow had a protective feeling, a amendment be dispensed with. is is a factor in the law, a provision in helmet. The PRESIDING OFFICER. Without the law which says States that do not So, there we are, Mr. President. Un- objection, it is so ordered. pass that legislation will have to de- less anybody else has anything further The amendment is as follows: vote a certain amount of their highway to say, I suggest the absence of a At the appropriate place, insert the follow- funds to education and training for quorum. ing: S 8612 CONGRESSIONAL RECORD — SENATE June 19, 1995 SEC. . INCLUSION OF HIGH PRIORITY COR- ability of our deployed weapons and will recall that in 1974, the Republic of RIDORS. our stockpiles. India detonated a nuclear device. Section 1105(d) of the Intermodal Surface Now, bear in mind, Mr. President, Mr. BUMPERS. I remember it well. Transportation Efficiency Act of 1991 (Pub. that we test our ballistic missiles Mr. MOYNIHAN. The second-most L. 102–240; 105 Stat 2033) is amended by add- ing at the end the following: every year. I have been arguing on the populated nation in the world, and in ‘‘The Secretary of Transportation shall in- floor of the Senate for 3 years that we the 20 years since, they have never yet clude High Priority Corridor 18 as identified are buying more D–5 missiles than we detonated a second—not because they in section 1105(c) of this Act, as amended, on can possibly use on our Trident sub- are members of the Test Ban Treaty, the approved National Highway System after marines. And in my arguments, I have but because they feel there is an inter- completion of the feasibility study by the always insisted that the number I national constraint in place and it States as provided by such Act.’’ think we should procure is not only would be in some way inappropriate. Mr. MOYNIHAN. Mr. President, this adequate for the purposes, but also al- Not that they could not or that they is a clarifying amendment. It estab- lows the Defense Department to con- would not like to. They have not done lishes that high-priority corridor 18 is tinue testing anywhere from three to it. in fact included in the National High- five D–5 missiles every year to deter- Would the Senator consider whether way System. This had been a presump- mine their reliability. or not our now presumed testing, and tive fact, but circumstances have aris- I understand that this falls in the French testing in the Pacific, would en which make it prudent and in the category of things that the Defense De- not put pressure on regimes such as interest of the State of Arkansas that partment would like to do but does not that of India, or regimes which are this be so stated in statute. have to do. clearly capable of nuclear devices, such I believe this amendment will be We are coming up on a Comprehen- as Pakistan? agreed to. sive Nuclear Test Ban Treaty, which is Is that what we want started? Mr. CHAFEE. Mr. President, the supposed to go into effect in 1996, and Mr. BUMPERS. The Senator makes Members on this side are in agreement we are all trying to get under the wire my point better than I made it myself. with this amendment and urge its now with these little tests which were I must say, the Senator has given me adoption. portrayed as to be ‘‘so small as to be a piece of information, as closely as I Mr. MOYNIHAN. Mr. President, I insignificant,’’ at least for the French, try to follow this issue, that I did not urge adoption of the amendment. just prior to asking every other nation realize, and that is that India has never The PRESIDING OFFICER. If there to be good scouts and obey what has tested since their first test. is no further debate on the amendment, been agreed to in the Comprehensive With some respect, we expect this the question is an agreeing to the Test Ban Treaty. sort of thing from the Chinese. In the amendment. I hope the President of the United world diplomacy, the Chinese have The amendment (No. 1426) was agreed States will have the courage to do never been quite as concerned as to to. what he did the first year he was in of- how the nations of the world commu- Mr. MOYNIHAN. Mr. President, I fice and say, ‘‘No more testing.’’ He nity might feel about what they do. move to reconsider the vote. first said no testing for 15 months. They test when they are ready. As far Mr. CHAFEE. I move to lay that mo- When 15 months was over, he said no as I know, China is the only nation tion on the table. more testing, indefinitely. This is an that has tested since the President The motion to lay on the table was indefinite ban on testing by the United took that bold initiative in 1993. agreed to. States. It does not endear them to me, but Mr. BUMPERS. Mr. President, I ask He no more had the words out of his they have always danced to their own mouth, and the Defense Department unanimous consent that I be permitted tune, marched to their own drummer. to proceed for 5 minutes as in morning says it is absolutely essential to deter- I thought it was irresponsible for business. mine the reliability of our weapons, them to start testing, but be that as it The PRESIDING OFFICER. Without and we must start testing all over may, our thinking about testing sends again. objection, it is so ordered. a terrible signal to every nation on Now, Mr. President, I will say, I Earth. It seems we are doing our very f know the makeup of this body. I know the makeup of the House. Unless the best to torpedo both the Comprehen- FRANCE TO CONDUCT NUCLEAR sive Test Ban Treaty and the Nuclear TESTS President says ‘‘No,’’ and is prepared to stick with it, we will start testing. Non-proliferation Treaty. Mr. BUMPERS. Mr. President, I was That sends a message to every two- I might also say, incidentally, on the disturbed, almost alarmed, when I saw bit dictator in the world. We have been other side of the coin, once India test- that the new President of France had pleading with nations that we know ed, Pakistan decided it needed nuclear said that France was going to conduct are involved in trying to develop nu- weapons. The Senator is all too famil- eight nuclear tests. It is not at all cer- clear weapons, we have been pleading iar with the problems we have with tain, from the press releases I have with them ‘‘Don’t do it.’’ Now what Pakistan and India, now. It is never seen, what the magnitude of those kind of a message does it send to those ending. The Pakistanis will never be tests will be—that is, how much pluto- same nations when we start testing satisfied until they think they are co- nium will be used and what the again? The United States and France equal in the nuclear game with India. kilotonnage will be. will be the two most irresponsible na- Every time somebody joins the field, Second, I would like to say that I tions on the planet Earth—if we join some other nation that has a 1,000-year think President Chirac is off to a very France and start testing again. history of animosity with that nation bad start. The precedent that he is set- I do not intend to call the President. immediately goes to work—Iran and ting is certainly going to influence He has a lot of things to do. He knows Iraq, and so it goes. people in this country who, for no my feelings about it. I have discussed f sound reason, think we should also it with him on previous occasions. I begin testing again. And sure enough, UNITED STATES ROLE REGARDING just think it would be a terrible thing BOSNIA this morning, I read an account—I for the United States, a terrible prece- think maybe from Reuters—that our dent, here 1 year away from the imple- Mr. BUMPERS. Now, Mr. President, I Secretary of Defense, William Perry, mentation of the Comprehensive Nu- want to make a point on a different has said that he is getting ready to clear Test Ban Treaty. subject that has been discussed here present the President with a series of Mr. MOYNIHAN. Mr. President, be- several times today dealing with options for resuming tests, from 4 fore the Senator yields the floor, would Bosnia. I heard the distinguished Sen- pounds of plutonium to a full-scale he yield to me for a question? ator from Georgia, Senator NUNN, a test. He does not say how many tests Mr. BUMPERS. I am happy to yield moment ago. I must say I thought the will be conducted. But the argument is to the Senator. Senator made some very cogent points the same as that being used by France, Mr. MOYNIHAN. Sir, the distin- about what the United States role that is, we have to determine the reli- guished senior Senator from Arkansas should be. June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8613 Even though I have steadfastly op- ed piece in my own State newspaper, I port of an internal dispute. The Yugo- posed the introduction of ground forces read an article by Tom Friedman in slavian Army, out of Belgrade, is clear- in Bosnia, I think the British and the the New York Times. Tom Friedman ly involved. We now learn that it was French are on fairly solid ground when had been in Lebanon and wrote a mag- computers in Belgrade that brought they chastise the United States for try- nificent book called ‘‘From Beirut to down Captain O’Grady’s F–16. Under ing to tell them how to conduct them- Jerusalem.’’ A magnificent book. the United Nations Charter it is ele- selves there. And they remind us peri- He pointed it out in this New York mental that Bosnia has the right of odically, that we have not been facing Times piece last week, that in Bosnia, self-defense. And for the United Na- the same kind of threat they have. as in Lebanon, we have religion as one tions to impose an arms embargo on a They are the ones who have had their of the centrally dividing issues—they member state which has been invaded troops taken hostage. They are the are not different ethnically. is to put the charter in jeopardy. people who have had people killed. We It is my understanding during the Would the Senator not agree? have not. Ottoman Empire the Turks said to the Mr. BUMPERS. Absolutely. The Sen- If it is determined that we are going Bosnians, ‘‘You may be blond and blue- ator makes a very, very compelling to withdraw the UNPROFOR forces eyed but you will be Moslem.’’ point that I should have started off from Bosnia, then I think the United I can tell the Senator from New York with. States has a role to play. I am not sure, is not agreeing with me on that. He is So, to allow a member nation to be and I am not prepared today to define the historian, so it must not have been systematically choked to death while it in any detail, but certainly in my the Ottoman Empire. It may have been other U.N. members, as well as NATO, opinion we have a financial role to later. essentially look on and allow it to hap- play. Mr. MOYNIHAN. Will the Senator pen is totally unacceptable. Either we We have been neglecting our dues to yield for a question? Sharing his great get involved or we get out. I doubt very the United Nations because there is a regard for Tom Friedman’s comments seriously the people of this country trend in this country that thinks that in this respect, I think the Bosnians would stand very long for our entry somehow or another the United Na- were of a religious group within the into the war. I saw a poll last week tions is subversive. Catholic Church which was being ex- that said 61 percent of the people in I watched some of that militia hear- communicated, and they chose to affil- this country are now saying they would ing the other day. I never heard as iate with Islam in that setting. not oppose the introduction of Amer- many cockamamie theories in my life Mr. BUMPERS. I was not quoting ican ground troops in Bosnia. I do not in such a short period of time about Tom Friedman on that point. happen to be a member of that 61 per- what a terrible Government we have. I Mr. MOYNIHAN. It was, in a certain cent, because I realize what a sticky wanted to ask, why is everybody in the sense, a voluntary conversion. wicket this can be. But I was shocked world scratching and clawing and Mr. BUMPERS. Perhaps so. But his by that number. swimming the ocean to try to get here, bottom line was when the Serbs and Mr. President, I found the Senate in if it is such a terrible place? the Bosnian Moslems tire of fighting a quorum call and I thought I would Back to Bosnia. We have an obliga- each other, they will reach some kind just make these few comments regard- tion. We are part of NATO. We are part of an accord. ing those two issues. of the United Nations. We have not Mr. MOYNIHAN. And then the Unit- I thank the Senator for the time. been nearly as diligent as we should be The PRESIDING OFFICER. The Sen- ed Nations might be able to help. in our commitment to our dues to the Mr. BUMPERS. And while I want to ator from Rhode Island. United Nations, or paying for the support the foreign policy of the Presi- f peacekeeping operation. I think the Senator from New York dent and the Secretary of State, we NATIONAL HIGHWAY SYSTEM will be much more familiar with this may very well have reached the time— DESIGNATION ACT the President made a compelling point than I am, but as far as I know, the The Senate continued with the con- the other day in support of his posi- part of our dues we are furthest behind sideration of the bill. on is in the peacekeeping area. Yet we tion. Everybody says our policy in Mr. CHAFEE. Mr. President, I want have championed all of these peace- Bosnia now is an unmitigated disaster. to assure the Senator from Arkansas The President responds by saying, in keeping operations. we are not closing up right now. If the 1993, I guess it was, 92,000 people were I spent a day at the United Nations a Senator has nothing further to say, we killed in Bosnia. In 1994, 3,000 were couple of years ago, and at that time I will go into a quorum call unless the killed. So it is difficult to say the pol- was shocked to find the United Nations Senator from New York has something icy is an unmitigated disaster when has something like—I hesitate to say— to say. The majority leader will be that many lives are being saved. 20, 25 peacekeeping operations going on closing up the Senate a little later. He But there is not any question, the six in the world right now. has a statement he wishes to make. We only know about the Golan Bosnian Moslem enclaves, are threat- In connection with the bill before us, Heights, and Bosnia, and some of the ened. They are going to starve. Some- the highway bill, we have done as much more visible areas, but the United Na- thing is going to happen. Some of them of our work as we can do today, so I tions has peacekeeping operations all have not been resupplied in months, will be leaving. But the place will re- over the world, trying to keep people and something is going to have to give. main open until the majority leader from fighting. A very laudable under- I am almost of the opinion that per- comes in, sometime not to long, I taking. haps we should withdraw. While we guess. Let me remind those people who al- might not be, as a nation, actively in- Mr. MOYNIHAN. Mr. President, I ways want to denigrate the United Na- volved in arming Bosnian Moslems, suggest the absence of a quorum. tions and the whole concept of world other nations are perfectly willing to The PRESIDING OFFICER (Mr. cooperation that time and again on do that if we can figure out a way to ABRAHAM). The clerk will call the roll. this floor I have applauded President get the weapons to them. That does not The bill clerk proceeded to call the George Bush for going to the United mean that war is going to reach a roll. Nations and getting that body’s ap- stalemate. It does not mean the Mr. DOLE. Mr. President, I ask unan- proval of Desert Storm and for recruit- Bosnian Moslems are going to be win- imous consent that the order for the ing a lot of the countries in the United ners ultimately. But at least it would quorum call be rescinded. Nations to assist in that operation. It help equalize the sides. The thing is to- The PRESIDING OFFICER. Without was essentially a U.S. effort, but we tally unfair now to them. objection, it is so ordered. had tremendous help from other na- Mr. MOYNIHAN. Will the Senator f tions because we were operating as a yield for a question? group of nations that the United Na- Mr. BUMPERS. I will be happy to. MESSAGES FROM THE PRESIDENT tions had endorsed for this operation. Mr. MOYNIHAN. Bosnia is a member RECEIVED DURING RECESS Now, I have about reached the con- of the United Nations. It has been in- Under the authority of the order of clusion. About the time I wrote an op- vaded by another country and in sup- January 4, 1995, the Secretary of the S 8614 CONGRESSIONAL RECORD — SENATE June 19, 1995 Senate on June 16, 1995, received a mes- EC–1026. A communication from the Gen- STATEMENTS ON INTRODUCED sage from the President of the United eral Counsel of the Department of Defense, BILLS AND JOINT RESOLUTIONS transmitting, a draft of proposed legislation States, submitting sundry nomina- By Mr. THOMAS (for himself, Mr. tions, which were referred to the Com- to amend the Army National Guard Combat Readiness Reform Act of 1992 and to make SIMPSON, Mr. CRAIG, and Mr. mittee on Foreign Relations. certain provisions of such Act applicable to CAMPBELL): The nominations received on June 16, the Selected Reserve of the Army, and for S. 943. A bill to require the Secretary 1995, are shown in today’s RECORD at other purposes; to the Committee on Armed of the Treasury to mint and issue coins the end of the Senate proceedings. Services. in commemoration of the 125th anni- f EC–1027. A communication from the Coor- versary of Yellowstone National Park; dinator for Drug Enforcement Policy and MESSAGES FROM THE PRESIDENT to the Committee on Banking, Hous- Support, Department of Defense, transmit- ing, and Urban Affairs. Messages from the President of the ting, pursuant to law, a report relative to THE YELLOWSTONE NATIONAL PARK 125TH United States were communicated to the status of the random drug testing pro- gram; to the Committee on Armed Services. ANNIVERSARY COMMEMORATIVE COIN ACT the Senate by Mr. Kalbaugh, one of his Mr. THOMAS. Mr. President, I send a secretaries. EC–1028. A communication from the Assist- ant Secretary of Defense, transmitting, pur- bill to the desk and ask that it be re- f suant to law, a report relative to the Civilian ferred appropriately. Separation Pay Program; to the Committee I am pleased to say that Senators EXECUTIVE MESSAGES REFERRED on Armed Services. SIMPSON, CRAIG, and CAMPBELL are As in executive session the Presiding EC–1029. A communication from the Sec- joining me to sponsor the Yellowstone Officer laid before the Senate messages retary of Energy, transmitting, pursuant to National Park 125th Anniversary Com- from the President of the United law, a notice of a 45 day extension with re- memorative Coin Act. States submitting sundry nominations spect to a report relative to Defense Nuclear Yellowstone National Park, of which were referred to the Committee Facilities Safety Board recommendations; to course, is largely in my State of Wyo- the Committee on Armed Services. on Foreign Relations. ming. It is, I think, the crown jewel of EC–1030. A communication from the Direc- (The nominations received today are the National Park System. It is the printed at the end of the Senate pro- tor of Administration and Management, De- partment of Defense, transmitting, pursuant first national park having had its 100th ceedings.) to law, a report relative to cleaning services anniversary sometime back. It consists Mr. THURMOND. Mr. President, pur- at the Pentagon; to the Committee on of about 3,400 square miles, the largest suant to unanimous consent section Armed Services. national park. We believe that we are 3(b) of Senate Resolution 400, 94th Con- EC–1031. A communication from the Sec- joined by most to think it is the crown gress, I ask that S. 922 be referred to retary of the Navy, transmitting, pursuant jewel of the Park System. the Senate Armed Services Committee. to law, a notice of determination relative to We have had—and we continue to f contract awards; to the Committee on have, Mr. President—substantial finan- Armed Services. cial strain on our national parks, some MEASURES REFERRED f of it due to the expansion of the au- The following bill was referred to the thorization of parks far beyond our Committee on Armed Services pursu- REPORTS OF COMMITTEES ability to pay for them. We have this ant to section 3(b) of Senate Resolution expansion continuing to go on with a The following reports of committees 400, 94th Congress, for a period not to debt of about $4 billion in authorized were submitted: exceed 30 days of the session: expenditures which have not been able S. 922. A bill to authorize appropriations By Mr. D’AMATO, from the Committee on to have been appropriated. for fiscal year 1996 for intelligence and intel- Banking, Housing, and Urban Affairs, with There is increased wear and tear on ligence-related activities of the United an amendment in the nature of a substitute: 500 miles of roads in Yellowstone Park, States Government and the Central Intel- S. 240. A bill to amend the Securities Ex- 1,000 miles of trails, and countless pub- ligence Agency Retirement and Disability change Act of 1934 to establish a filing dead- lic facilities. And, frankly, there is a System, and for other purposes. line and to provide certain safeguards to en- need for $600 to $700 million to do the f sure that the interests of investors are well protected under the implied private action kind of maintenance that is necessary MEASURES PLACED ON THE provisions of the Act (Rept. No. 104–98). over a period of time. That will be very CALENDAR difficult to extract from the budget. f The bill that we offer is one that The following bill was read the sec- would authorize and provide for the INTRODUCTION OF BILLS AND ond time and placed on the calendar: minting and issue of 500,000 $1 silver JOINT RESOLUTIONS S. 939. A bill to amend title 18, United coins for Yellowstone’s 125th anniver- States Code, to ban partial-birth abortions. The following bills and joint resolu- sary in 1997. For the taxpayers, this is f tions were introduced, read the first a budget-neutral proposition. It does and second time by unanimous con- not cost the taxpayers anything. EXECUTIVE AND OTHER sent, and referred as indicated: The surcharges from the sale of the COMMUNICATIONS By Mr. THOMAS (for himself, Mr. coins will be split evenly, 50 percent The following communications were SIMPSON, Mr. CRAIG, and Mr. CAMP- going directly to Yellowstone Park and laid before the Senate, together with BELL): 50 percent to the Park Service for dis- accompanying papers, reports, and doc- S. 943. A bill to require the Secretary of tribution among other parks. uments, which were referred as indi- the Treasury to mint and issue coins in com- The sale of the coins could poten- cated: memoration of the 125th Anniversary of Yel- tially raise $2.5 million for Yellow- EC–1024. A communication from the Archi- lowstone National Park; to the Committee stone’s needs. tect of the Capitol, transmitting, pursuant on Banking, Housing, and Urban Affairs. Mr. President, chairman, I urge my to law, the semiannual report of the Archi- f colleagues to join me in this common- tect for the period October 1, 1994 through sense approach to provide the needed March 31, 1995; to the Committee on Appro- SUBMISSION OF CONCURRENT AND resources for Yellowstone Park and priations. EC–1025. A communication from the Gen- SENATE RESOLUTIONS properly honor our oldest national eral Counsel of the Department of Defense, The following concurrent resolutions park. transmitting, a draft of proposed legislation and Senate resolutions were read, and f to amend chapter 38 of title 10, United States referred (or acted upon), as indicated: Code, as added by the Goldwater-Nichols De- ADDITIONAL COSPONSORS partment of Defense Reorganization Act of By Mr. DOLE (for himself and Mr. S. 160 1986 (Public Law 99–433; 100 Stat. 992), with DASCHLE): respect to joint officer management policies S. Res. 136. A resolution to authorize rep- At the request of Mr. SHELBY, the for the Army, Navy, Air Force and Marine resentation by Senate Legal Counsel; consid- name of the Senator from Wyoming Corps; to the Committee on Armed Services. ered and agreed to. [Mr. THOMAS] was added as a cosponsor June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8615 of S. 160, a bill to impose a moratorium SENATE RESOLUTION 136—AU- BUMPERS AMENDMENT NO. 1426 on immigration by aliens other than THORIZING REPRESENTATION BY Mr. MOYNIHAN (for Mr. BUMPERS) refugees, certain priority and skilled LEGAL COUNSEL proposed an amendment to the bill, S. workers, and immediate relatives of Mr. DOLE (for himself and Mr. 440, supra; as follows: United States citizens and permanent DASCHLE) submitted the following reso- resident aliens. At the appropriate place, insert the follow- lution; which was considered and ing: S. 256 agreed to: SEC. . INCLUSION OF HIGH PRIORITY COR- At the request of Mr. DOLE, the name S. RES. 136 RIDORS. of the Senator from Mississippi [Mr. Whereas, in the case of United States ex rel. Section 1105(d) of the Intermodal Surface LOTT] was added as a cosponsor of S. Sequoia Orange Company v. Sunland Packing Transportation Efficiency Act of 1991 (Pub. 256, a bill to amend title 10, United House Company, Case No. CV–F–88–566 L. 102–240; 105 Stat. 2033) is amended by add- States Code, to establish procedures for OWWW/DLB, and consolidated cases, pending ing at the end the following: determining the status of certain miss- in the United States District Court for the ‘‘The Secretary of Transportation shall in- ing members of the Armed Forces and Eastern District of California, a subpoena for clude High Priority Corridor 18 as identified certain civilians, and for other pur- testimony at a hearing has been issued to in section 1105(c) of this Act, as amended, on poses. Senator Dianne Feinstein; the approved National Highway System after completion of the feasibility study by the S. 426 Whereas, by Rule VI of the Standing Rules of the Senate, no Senator shall absent him- States as provided by such Act.’’ At the request of Mr. SARBANES, the self or herself from the service of the Senate f names of the Senator from Iowa [Mr. without leave; HARKIN] and the Senator from Arkan- Whereas, by the privileges of the Senate of NOTICE OF HEARING sas [Mr. BUMPERS] were added as co- the United States and Rule XI of the Stand- sponsors of S. 426, a bill to authorize ing Rules of the Senate, no evidence under SUBCOMMITTEE ON POST OFFICE AND CIVIL the Alpha Phi Alpha Fraternity to es- the control or in the possession of the Senate SERVICE tablish a memorial to Martin Luther may, by the judicial process, be taken from Mr. ROTH. Mr. President, I would King, Jr., in the District of Columbia, such control or possession but by permission like to announce that the Subcommit- and for other purposes. of the Senate; tee on Post Office and Civil Service, of Whereas, pursuant to sections 703(a) and S. 457 the Committee on Governmental Af- 704(a)(2) of the Ethics in Government Act of fairs, will hold a hearing on June 19, At the request of Mr. SIMON, the 1978, 2 U.S.C. §§ 228b(a) and 228c(a)(2) (1994), names of the Senator from Utah [Mr. the Senate may direct its counsel to rep- 1995, on Federal pension review. HATCH] and the Senator from Massa- resent committees, Members, officers, and The hearing is scheduled for 2 p.m. in chusetts [Mr. KERRY] were added as co- employees of the Senate with respect to sub- room 342 of the Dirksen Senate Office sponsors of S. 457, a bill to amend the poenas or orders issued to them in their offi- Building. For further information, Immigration and Nationality Act to cial capacity: Now, therefore, be it please contact John Roots or Dale update references in the classification Resolved, That the Senate Legal Counsel is Cabaniss at 224–2254. of children for purposes of United directed to represent Senator Feinstein in connection with the subpoena issued to her COMMITTEE ON INDIAN AFFAIRS States immigration laws. in these cases. Mr. MCCAIN. Mr. President, I would S. 526 f like to announce that the Senate Com- At the request of Mr. GREGG, the mittee on Indian Affairs will be holding name of the Senator from New Hamp- AMENDMENTS SUBMITTED a hearing on Thursday, June 22, 1995, shire [Mr. SMITH] was added as a co- beginning at 9:30 a.m., in room G–50 of sponsor of S. 526, a bill to amend the the Dirksen Senate Office Building on Occupational Safety and Health Act of NATIONAL HIGHWAY SYSTEM S. 487, a bill to amend the Indian Gam- 1970 to make modifications to certain DESIGNATION ACT OF 1995 ing Regulatory Act, and for other pur- provisions, and for other purposes. poses. S. 641 Those wishing additional information At the request of Mr. SPECTER, his HUTCHISON AMENDMENTS NOS. should contact the Committee on In- name was added as a cosponsor of S. 1424–1425 dian Affairs at 224–2251. 641, a bill to reauthorize the Ryan White CARE Act of 1990, and for other Mrs. HUTCHISON proposed two f purposes. amendments to the bill (S. 440) to amend title 23, United States Code, to AUTHORITY FOR COMMITTEES TO S. 758 provide for the designation of the Na- MEET At the request of Mr. HATCH, the tional Highway System, and for other name of the Senator from Missouri SUBCOMMITTEE ON POST OFFICE AND CIVIL purposes; as follows: SERVICE [Mr. ASHCROFT] was added as a cospon- sor of S. 758, a bill to amend the Inter- AMENDMENT NO. 1424 Mr. CHAFEE. Mr. President, I ask nal Revenue Code of 1986 to provide for At the appropriate place in title I, insert unanimous consent that the Sub- S corporation reform, and for other the following: committee on Post Office and Civil purposes. SEC. 1 . RURAL ACCESS PROJECTS. Service, Committee on Governmental S. 877 Item 111 of the table in section 1106(a)(2) of Affairs, be authorized to meet during the Intermodal Surface Transportation Effi- At the request of Mrs. HUTCHISON, the the session of the Senate on Monday, ciency Act of 1991 (Public Law 102–240; 105 June 19, 1995, to review Federal pen- name of the Senator from Wyoming Stat. 2042) is amended— [Mr. THOMAS] was added as a cosponsor sions. (1) by striking ‘‘Parker County’’ and in- The PRESIDING OFFICER. Without of S. 877, a bill to amend section 353 of serting ‘‘Parker and Tarrant Counties’’; and the Public Health Service Act to ex- (2) by striking ‘‘to four-lane’’ and inserting objection, it is so ordered. empt physician office laboratories from ‘‘in Tarrant County to freeway standards and SUBCOMMITTEE ON TAXATION AND IRS the clinical laboratories requirements in Parker County to a 4-lane’’. OVERSIGHT of that section. Mr. CHAFEE. Mr. President, I ask S. 925 AMENDMENT NO. 1425 unanimous consent that the Sub- At the request of Mr. MACK, the name On page 36, strike lines 2 and 3 and insert committee on Taxation and IRS Over- of the Senator from New York [Mr. the following: sight of the Committee on Finance be D’AMATO] was added as a cosponsor of Interstate System.’’; permitted to meet on Monday, June 19, S. 925, a bill to impose congressional (2) in paragraph (18)— 1995, beginning at 2 p.m. in room SD– (A) by striking ‘‘and’’; and notification and reporting require- 215, to conduct a hearing on S corpora- (B) by inserting before the period at the ments on any negotiations or other dis- end the following: ‘‘, and to the Lower Rio tion reform and the home office deduc- cussions between the United States and Grande Valley at the border between the tion. Cuba with respect to normalization of United States and Mexico’’; and The PRESIDING OFFICER. Without relations. (3) by adding at the end the following: objection, it is so ordered. S 8616 CONGRESSIONAL RECORD — SENATE June 19, 1995 ADDITIONAL STATEMENTS corporated by reference in the act and of the Central Intelligence Agency. The has the same legal status as a public committee held a closed hearing with law. The classified annex to the report intelligence community officials on INTELLIGENCE AUTHORIZATION explains the full scope and intent of January 25, 1995, to review progress ACT FOR FISCAL YEAR 1996 the committee’s actions as set forth in made to date in implementing counter- ∑ Mr. SPECTER. Mr. President, on the classified schedule of authoriza- intelligence reforms recommended by June 14, 1995, I filed, on behalf of my- tions. the aforementioned reports by DCI self and my distinguished colleague This classified supplement to the Woolsey. The committee also focused and vice chairman of the Select Com- committee report is available for re- on the adequacy of counterintelligence mittee on Intelligence, Senator view by any Member of the Senate, programs and activities in the context KERREY, a bill which authorizes appro- subject to the provisions of Senate Res- of its review and markup of the admin- priations for fiscal year 1996 for the in- olution 400 of the 94th Congress. istration’s fiscal year 1996 budget re- telligence activities and programs of The classified supplement is also quest and provides several rec- the U.S. Government. The Select Com- made available to affected departments ommendations to enhance U.S. capa- mittee on Intelligence approved the and agencies within the intelligence bilities in this critical area in the clas- bill by a unanimous vote on May 24, community. sified annex accompanying the report. 1995, and ordered that it be favorably SCOPE OF COMMITTEE REVIEW Another issue raised by the Ames As it does annually, the committee reported. case is the apparent failure of the in- conducted a detailed review of the ad- This bill would: telligence community to weed out poor ministration’s budget request for the First, authorize appropriations for performers. That Aldrich Ames was not National Foreign Intelligence Program fiscal year 1996 for (a) the intelligence only retained but promoted despite [NFIP] for fiscal year 1996. The com- activities and programs of the U.S. clear problems with alcohol and mar- mittee also reviewed the administra- Government; (b) the Central Intel- ginal performance is testament to a tion’s fiscal year 1996 request for a new ligence Agency Retirement and Dis- personnel process in need of reform. intelligence budget category, called ability System; and (c) the Community The committee has included in this bill the Joint Military Intelligence Pro- Management Account of the Director a provision requiring the DCI to de- gram [JMIP]. The committee’s review of Central Intelligence; velop for all civilian employees in the included a series of briefings and hear- Second, authorize the personnel ceil- intelligence community personnel pro- ings with the Director of Central Intel- ings as of September 30, 1996, for the in- cedures to provide for mandatory re- ligence [DCI], the Acting Deputy As- telligence activities of the United tirement for expiration of time in class sistant Secretary of Defense for Intel- States and for the Community Manage- and termination based on relative per- ligence and Security, and other senior ment Account of the Director of formance, comparable to sections 607 officials from the intelligence commu- Central Intelligence; and 608, respectively, of the Foreign nity, numerous staff briefings, review Third, authorize the Director of Service Act of 1980. Central Intelligence, with Office of of budget justification materials, and Management and Budget approval, to numerous written responses provided FOCUS ON HIGH-PRIORITY AREAS exceed the personnel ceilings by up to by the intelligence community to spe- Notwithstanding the rhetorical prior- 2 percent; cific questions posed by the committee. ity placed on critical intelligence top- Fourth, permit the President to In addition to its annual review of ics such as proliferation, terrorism, delay the imposition of sanctions relat- the administration’s budget request, and counternarcotics, the committee ed to proliferation of weapons of mass the committee performs continuing has identified areas where insufficient destruction when necessary to protect oversight of various intelligence activi- funds have been programmed for new an intelligence source or method or an ties and programs, to include the con- capabilities, or where activities are ongoing criminal investigation; duct of audits and reviews by the com- funded in the name of high-priority Fifth, provide for forfeiture of the mittee’s audit staff. These inquiries targets which make little or no con- U.S. Government contribution to the frequently lead to actions initiated by tribution to the issue. Therefore, in the Thrift Savings Plan under the Federal the committee with respect to the classified annex accompanying the re- Employees Retirement System budget of the activity or program con- port, the committee recommends a [FERS], along with interest, if an em- cerned. number of initiatives to enhance U.S. ployee is convicted of national security The committee also reviewed the ad- capabilities in the areas of prolifera- offenses; ministration’s fiscal year 1996 budget tion, terrorism, and counternarcotics. Sixth, restore spousal benefits to the requests for the Tactical Intelligence spouse of an employee so convicted if and Related Activities [TIARA] Pro- CREATION OF A JOINT MILITARY INTELLIGENCE the spouse cooperates in the investiga- gram aggregation of the Department of PROGRAM tion and prosecution; Defense. The committee’s rec- As noted above, this year the admin- Seventh, to allow employees of the ommendations regarding these pro- istration submitted a modification of excepted services to take an active grams are provided separately to the the existing budgeting structure for in- part in certain local elections; Committee on Armed Services for con- telligence activities and programs, by Eighth, amend the Fair Credit Re- sideration within the context of that adding a third budget category—the porting Act to permit the Federal Bu- committee’s annual review of the Na- Joint Military Intelligence Program— reau of Investigation to obtain tional Defense Authorization Act. to supplement the existing NFIP and consumer credit reports necessary to FOLLOWUP TO THE AMES ESPIONAGE CASE TIARA. The administration acted to foreign counterintelligence investiga- In the wake of last year’s con- resubordinate formerly national and tions under certain circumstances and troversy surrounding the Ames espio- tactical programs under JMIP and cre- subject to appropriate controls on the nage case, the intelligence community ated a new management structure to use of such reports; and leadership pledged renewed dedication oversee JMIP that includes senior offi- Ninth, make certain other changes of to the counterintelligence mission. In cials of the intelligence community technical nature to existing law gov- the testimony he gave before the com- and Defense. The JMIP Program execu- erning intelligence agencies. mittee at his confirmation hearing in tive is the Deputy Secretary of De- The classified nature of U.S. intel- open session, DCI Deutch stated that fense, who also chairs the new Defense ligence activities prevents the commit- counterintelligence was one of the four Intelligence Executive Board [DIEB]—a tee from disclosing the details of its principal purposes toward which the in- senior management body providing budgetary recommendations. However, telligence community should direct its planning, programming, and budget the committee has prepared a classi- efforts. oversight of defense intelligence. JMIP fied supplement to the report, which The committee and CIA Inspector was initially established by Secretary contains: First, the classified annex to General reports on the Ames espionage of Defense memorandum dated May 14, the report; second, and the classified case published last year identified sev- 1994, which was superseded by Depart- schedule of authorizations which is in- eral serious shortcomings on the part ment of Defense directive 5205.0, dated June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8617 April 7, 1995. The administration is sub- Army’s European command combat sis, and war. The committee also un- mitting the first JMIP budget request intelligence readiness facility, funded derstands that, in a zero sum gain to the Congress in fiscal year 1996. in the NFIP; budget environment, choices need to be The committee does not yet endorse Navy’s fleet ocean surveillance infor- made between upgrades to current the decision by the Deputy Secretary mation facility in the European thea- manned system and the development of of Defense and the Director of Central ter, funded in the NFIP. new unmanned platforms. Due to the Intelligence [DCI] to develop a new set With the exception of Cobra Dane, increasing demands and requirements of funding criteria for intelligence ac- the committee makes no recommenda- placed on our Nation’s current genera- tivities. The committee understands tions this fiscal year to transfer any of tion of manned reconnaissance sys- the Defense Department’s requirement these programs, primarily to avoid tems, the committee makes the follow- to exercise more top-down oversight confusion and the potential for an un- ing recommendations to redirect re- and control of defense intelligence pro- intended appropriated-not authorized sources requested for unmanned aerial grams and to create a management situation. Further, the committee does vehicle development activities to sev- forum for evaluating these activities. not necessarily agree that last year’s eral manned reconnaissance upgrades Additionally, advances in technology decision by the administration to con- which the committee views as essential have made the former definitions of na- solidate funding for spaceborne and air- in order to provide mission-capable tional and tactical less meaningful to borne reconnaissance acquisition in the forces to the warfighting commanders- the budget process. However, the com- NFIP and JMIP respectively—regard- in-chief [CINC’s]. mittee has reservations about whether less of the intended customer base— Accordingly, the committee rec- the administration proposal for three makes sense in light of the new defini- ommends changes to the administra- intelligence programs is the optimal tions for programming and budgeting tion’s fiscal year 1996 budget request to intelligence activities and programs. solution. Further, the committee is not terminate one of five unmanned aerial The committee believes that the DCI convinced that the presence of the Di- vehicle [UAV] programs currently and Deputy Secretary of Defense rector of Central Intelligence on the under development by the Defense Air- should review jointly the budget cat- borne Reconnaissance Program [DARP] DIEB, or the joint review process un- egories of these and other programs dertaken by the DCI and Deputy Sec- and, instead, to reallocate these re- prior to the submission of the fiscal sources to provide for the upgrade of retary of Defense, will ensure that both year 1997 budget request and make the intelligence community and Defense existing manned reconnaissance plat- appropriate adjustments. Further, the forms. Department equities are served in the DCI and Deputy Secretary of Defense planning, programming, and manage- CONVENTIONAL HIGH ALTITUDE ENDURANCE UAV should consider whether split funding The committee recommends termi- ment of all intelligence activities and arrangements; that is, funding pro- programs. The committee plans to re- nation of the conventional high alti- vided by more than one intelligence tude endurance unmanned aerial vehi- view the appropriate budgeting struc- budget category, are required for those ture for intelligence as part of its re- cle [CONV HAE UAV] development ef- organizations charged with acquisition fort, a reduction to the DARP in fiscal view of the roles and missions of the of intelligence platforms; that is, the intelligence community later this year 1996 of $117 million. The commit- Defense Airborne Reconnaissance Of- tee believes that the CONV HAE UAV year. fice and the National Reconnaissance In addition, the committee is con- will not provide an increased capabil- Office, on the grounds of improved ity over the current U–2 airborne re- cerned that the fiscal year 1996 budget management efficiency without regard request includes many programs that connaissance fleet and is therefore not to the consumer base as defined by Ex- required. The U–2 is an operational sys- are budgeted in one intelligence pro- ecutive Order 12333 and Department of gram but more appropriately belong in tem currently supporting warfighting Defense Directive 5205.0. The commit- and national intelligence require- another intelligence program accord- tee requests that a report assessing ing to the definitions set forth by the ments. The CONV HAE UAV is an ad- these issues and outlining any specific vanced concept technology demonstra- Deputy Secretary of Defense and the programmatic adjustments made in the DCI. A partial listing of such programs tion [ACTD] project and has not President’s fiscal year 1997 budget re- achieved first flight. is provided by the committee for illus- quest to more accurately reflect the in- trative purposes: In fact, the U–2 is a much more capa- tent of the new budgeting system be ble multisensor reconnaissance aircraft Programs belonging in NFIP because provided to the Intelligence and De- they serve multiple departments: today than the CONV HAE UAV is de- fense Committees by March 1, 1996. signed to be. The U–2 fleet provides Cobra Dane, which this fiscal year is COMMITTEE RECOMMENDATIONS ON JMIP radar, electro-optical, and film im- programmed in the administration’s Unlike the activities of the National agery as well as electronic intelligence budget request for the Arms Control Foreign Intelligence Program which collection support to national, theater, and Disarmament Agency. The com- the committee also authorizes, many and tactical commanders. The CONV mittee recommends returning funding activities funded by the new Joint HAE UAV will have only imagery sen- responsibility for this important arms Military Intelligence Program are un- sors, and these will be less capable control monitoring capability to the classified. However, the amount of the than those on-board the U–2. The U–2 NFIP; total fiscal year 1996 budget request for has a much greater payload capacity Air Force’s Cobra Judy, a specialized JMIP, like that for the NEIP, is classi- than the CONV HAE UAV design. The shipborne reconnaissance program, fied, as is any comprehensive treat- U–2 affords a deeper look capability funded in TIARA; ment of JMIP elements. Given these than planned for the CONV HAE UAV. Navy’s P–3C Reef Point, a specialized facts, and in order to provide for the Further, the committee understands airborne reconnaissance program, fund- greatest degree of openness possible, that the CONV HAE UAV operational ed in TIARA. the committee provides in the follow- concept, now under development, is Programs belonging in JMIP because ing sections its unclassified rec- virtually identical to that of the U–2. they serve multiple DOD components: ommendations on JMIP elements. Fur- Cost comparisons are difficult to Army’s Guardrail and airborne recon- ther recommendations, as well as clas- make because the U–2 is an existing naissance low programs, funded in sified details on these unclassified rec- asset flying missions on a daily basis TIARA; ommendations, are provided in the and the CONV HAE UAV is an ACTD Air Force’s E–8C joint surveillance classified annex accompanying this and has no flight experience. However, tracking and reconnaissance system, bill. information provided to the committee funded in TIARA; AIRBORNE RECONNAISSANCE PRIORITIES by the DARP indicates that the flying Air Force’s space-based infrared sys- The committee believes that it is hour costs of the UAV are comparable tem, funded in TIARA. vital to maintain a robust airborne re- to the U–2. Programs belonging in TIARA be- connaissance force that is capable of The committee believes that develop- cause they serve single military de- collection satisfying priority intel- ment by the DARP of the low observ- partments: ligence requirements in peacetime, cri- able high altitude endurance unmanned S 8618 CONGRESSIONAL RECORD — SENATE June 19, 1995 aerial vehicle [LO HAE UAV] as a com- this upgrade should be fully compliant those of both the Government and the plementary system to the U–2 will pro- with JASA standards. private sector; that is, the public vide the most capability to national The committee also makes a rec- switch network upon which the Gov- policymakers and the warfighter. The ommendation to improve the defensive ernment heavily depends; and, (b) pro- committee strongly suggests that the capabilities of the U–2 fleet and pro- vides a comprehensive plan for address- Department investigate increases in vides $13 million in fiscal year 1996 for ing the threats described in section (a), capability that can be achieved in the this purpose. Details of this initiative to include any necessary legislative or LO HAE UAV if the goal for unit fly- are included in the classified annex ac- programmatic recommendations re- away cost is increased from $10 to $20 companying this bill. As with the pro- quired to protect Government or pri- million. The committee requests that posed sensor upgrade, the committee vate U.S. information systems. The re- the DARO prepare an analysis on this expects the DARP to budget for the re- port is to be provided to the Intel- alternative and provide it to the intel- maining funds required to complete ligence and Defense Committees not ligence and defense committees by this upgrade in fiscal year 1997 and be- later than March 1, 1996. In the absence March 1, 1996. yond. of such a plan, the committee remains RC–135V/W RIVET JOINT ENGINE UPGRADES DEFENSE INTELLIGENCE COUNTER DRUG skeptical regarding the benefits that Rivet Joint is an Air Force recon- ANALYSIS INITIATIVES can be achieved through increased naissance program which provides all In line with the committee’s efforts funding for the Department of Defense weather, worldwide signals intelligence to enhance intelligence capabilities in Information Systems Security Pro- collection support to theater com- the area of counternarcotics and other gram. manders. The committee has become high-priority issues, the committee COMMERCIAL OFF-THE-SHELF TECHNOLOGY concerned with the high OPTEMPO of recommends an authorization of an ad- It is the sense of the committee that, the RC–135V/W Rivet Joint reconnais- ditional $7 million in fiscal year 1996 to to the extent practicable, all high per- sance fleet. The RC–135 airframes cur- the Defense Intelligence Counterdrug formance computing and communica- rently are logging an extraordinary Program [DICP]. These funds should be tions [HPCC] equipment and products number of annual flight hours. Addi- applied against a variety of high-prior- purchased with funds authorized in this tionally, the schedule frequency and ity, counterdrug analysis, and act should be commercial-off-the-shelf the extended mission times of the connectivity programs identified by [COTS] or modified COTS. Rivet Joint program contribute signifi- the DICP program manager. Details of The Department of Defense has al- cantly to the fuel and operating costs this initiative are included in the clas- ready adopted a COTS policy in its pur- of the aircraft. Further, the current en- sified annex accompanying this bill. chase of high performance computing gines do not meet State III noise levels INFORMATION SYSTEMS SECURITY and communications systems, with sig- or EPA emission standards. While the administration’s fiscal nificant cost savings to the taxpayers The committee is aware that the Air year 1996 budget request for DOD’s In- and with excellent performance results. Force is considering the establishment formation Systems Security Program Moreover, the Department’s September of a reengining program for the RC–135 provides for a significant increase over 1994 defense technology plan, prepared aircraft. Reengining with the CFM–56 the amounts requested in fiscal year by the Director of Defense Research engines common to the tanker fleet 1995, the committee notes that infor- and Engineering, recommends the uti- and commercial airlines would increase mation security [INFOSEC] personnel lization of more commercially viable RC–135 nominal operating altitudes and resources will still have declined technologies in the purchase of high considerably, thereby greatly enhanc- by roughly 40 percent since 1987. Mean- performance computer systems. (Com- ing sensor field-of-view and area cov- while, in planning for future conflicts, puting and Software, Defense Tech- erage, decreasing fuel consumption, in- the Department of Defense is delib- nology Plan.) creasing on-station time, and improv- erately placing increased reliance on The committee also believes that the ing short-field capability for contin- information systems to compensate for application of a COTS technology pol- gency operations. Current tanker sup- a reduced force structure. icy among the intelligence agencies port requirements and tanker flying The committee does not believe that should be adopted and implemented be- could also be reduced significantly. the Department of Defense has ade- ginning in fiscal year 1996. The com- Therefore, the committee rec- quately assessed U.S. information secu- mittee is hopeful that a COTS policy ommends an authorization of $79.5 mil- rity requirements. Further, it does not for the procurement of high perform- lion in fiscal year 1996 to begin believe that there is a coherent plan or ance computing and communications reengining the RC–135 fleet. The com- program to rectify the vulnerabilities equipment could save millions of dol- mittee expects the DARP to budget the identified by the Joint Security Com- lars and maintain the quality and per- additional funds required to continue mission, the Commission on Roles and formance standards required by the in- reengining in fiscal year 1997 and be- Missions, and independent organiza- telligence agencies both now and in the yond. tions such as the Rand Corp. An effec- future. U–2 UPGRADES tive and comprehensive U.S. policy Therefore, the committee included in While the committee is supportive of needs to be developed in order to pre- the report a request that the agencies the DARP initiative to define a joint pare an integrated response that recog- receiving funding authorized in this airborne SIGINT architecture [JASA], nizes not only the vulnerabilities of bill begin the process of adopting COTS there is concern about the affordability U.S. Government communications, but technology procurement procedures in of this approach for the military de- the vulnerabilities of the underlying their high performance computing and partments. The committee is also con- public switch network [PSN]. In that communications programs and report, cerned with the Defense Department’s regard, it is not clear what benefits can through the DCI, to the Intelligence apparent decision not to continue up- be achieved through increased DOD and Defense Committees not later than grading current platforms while focus- spending on information security when May 1, 1996, regarding compliance with ing funding exclusively on a new devel- over 95 percent of DOD communica- this request. opment program. Therefore, the com- tions travel over PSN and the PSN is TECHNOLOGIES TO IMPROVE SOUND PROCESSING mittee recommends an authorization of not protected against attacks that so- DEVICES USED BY THE PROFOUNDLY DEAF $20 million in fiscal year 1996 for the phisticated adversaries may employ in Recent technological advances have DARP to initiate a sensor upgrade pro- future conflicts. In sum, a comprehen- made it possible for the medical com- gram for the U–2 fleet. Further details sive U.S. INFOSEC plan urgently needs munity to provide substantial hearing about the proposed upgrade are con- to be developed. to profoundly deaf individuals who can- tained in the classified annex accom- The committee therefore, in its re- not benefit from conventional hearing panying this bill. The committee ex- port, requests the DCI and the Sec- aids. Surgically implanted electrodes, pects the DARP to budget for the re- retary of Defense to prepare a com- combined with external speech process- maining funds required to complete prehensive report which: (a) identifies ing devices, have the demonstrated this upgrade in fiscal year 1997 and be- the key threats to U.S. computers and ability to provide sound information yond. The committee also believes that communications systems, including across the frequency range even at low June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8619 volume; that is, 30 decibels. Some chil- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- TITLE III—GENERAL PROVISIONS TIONS. dren and adults, who would have had SEC. 301. INCREASE IN EMPLOYEE COMPENSA- (a) SPECIFICATIONS OF AMOUNTS AND PER- no option other than to use sign lan- TION AND BENEFITS AUTHORIZED SONNEL CEILINGS.—The amounts authorized BY LAW. guage, now have access to spoken lan- to be appropriated under section 101, and the Appropriations authorized by this Act for guage and can function in school and authorized personnel ceilings as of Septem- salary, pay, retirement, and other benefits the workplace without any use of sign ber 30, 1996, for the conduct of the elements for Federal employees may be increased by language. While the benefits can be listed in such section, are those specified in such additional or supplemental amounts as enormous, it is also true that the qual- the classified Schedule of Authorizations may be necessary for increases in such com- ity of sound provided by cochlear im- prepared by the Committee of Conference to pensation or benefits authorized by law. accompany ( ) of the One Hundred and plants is still crude compared to nor- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- Fourth Congress. LIGENCE ACTIVITIES. mal hearing. Remarkable progress has (b) AVAILABILITY OF CLASSIFIED SCHEDULE The authorization of appropriations by been made, but many technical issues OF AUTHORIZATIONS.—The Schedule of Au- this Act shall not be deemed to constitute remain, including the reliability, size, thorizations shall be made available to the authority for the conduct of any intelligence and the effectiveness of the hardware Committee on Appropriations of the Senate activity which is not otherwise authorized and software used by manufacturers of and House of Representatives and to the by the Constitution or the laws of the United sound processing devices. President. The President shall provide for States. suitable distribution of the Schedule, or of SEC. 303. APPLICATION OF SANCTIONS TO INTEL- The intelligence community, and the appropriate portions of the Schedule, within LIGENCE ACTIVITIES. National Security Agency in particu- the Executive Branch. The National Security Act of 1947 (50 lar, is a world leader in speech and sig- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. U.S.C.401 et seq.) is amended by adding at nal processing. It is quite possible that (a) AUTHORITY FOR ADJUSTMENTS.—With the end thereof the following new title: some of the sophisticated technologies the approval of the Director of the Office of ‘‘TITLE VIII—APPLICATION OF SANCTIONS employed by the intelligence commu- Management and Budget, the Director of LAWS TO INTELLIGENCE ACTIVITIES Central Intelligence may authorize employ- ‘‘SEC. 801. DELAY OF SANCTIONS. nity could increase the signal-to-noise ment of civilian personnel in excess of the ‘‘Notwithstanding any other provision of ratio in the sound processing devices number authorized for fiscal year 1996 under law, the President may delay the imposition used by the profoundly deaf. The com- section 102 of this Act when the Director de- of a sanction related to the proliferation of termines that such action is necessary to the mittee has recently seen how imaging weapons of mass destruction, their delivery performance of important intelligence func- technology developed by the intel- systems, or advanced conventional weapons tions, except that the number of personnel ligence community can be adapted to when he determines that to proceed without employed in excess of the number authorized cancer screening by the medical com- delay would seriously risk the compromise of under such section may not, for any element a sensitive intelligence source or method or munity, and it is the committee’s hope of the intelligence community (as defined in an ongoing criminal investigation. The that similar success can be achieved in section 3(4) of the National Security Act of President shall terminate any such delay as this area. In the report accompanying 1947 (50 U.S.C. 401(4)), exceed 2 percent of the soon as it is no longer necessary to that pur- this bill, therefore, the committee re- number of civilian personnel authorized pose. quests the intelligence community to under such section for such element. (b) NOTICE TO INTELLIGENCE COMMITTEES.— ‘‘SEC. 802. REPORTS. contact U.S. manufacturers of cochlear ‘‘Whenever the President makes the deter- implant devices, review their technical The Director of Central Intelligence shall notify the Permanent Select Committee on mination required pursuant to section 801, needs, and identify any technologies Intelligence of the House of Representatives the President shall promptly report to the that might be shared with such manu- and the Select Committee on Intelligence of Select Committee on Intelligence of the Sen- facturers in order to improve the qual- the Senate prior to exercising the authority ate and the Permanent Select Committee on ity of hearing for the hearing impaired. granted by this section. Intelligence of the House of Representatives the rationale and circumstances that led the The committee also requests a report SEC. 104. INTELLIGENCE COMMUNITY MANAGE- outlining the results of the intelligence MENT ACCOUNT. President to exercise the authority under (a) AUTHORIZATION OF APPROPRIATIONS.—(1) section 801 with respect to an intelligence community’s review, to include identi- source or method, and to the Judiciary Com- fication of any capabilities that should There is authorized to be appropriated for the Intelligence Community Management mittees of the Senate and the House of Rep- be shared with U.S. manufacturers of Account of the Director of Central Intel- resentatives the rationale and circumstances cochlear implants, not later than May ligence for fiscal year 1996 the sum of that led the President to exercise the au- 1, 1996. $98,283,000. thority under section 801 with respect to an Mr. President, I ask that the full text (2) Funds made available under paragraph ongoing criminal investigation. Such report (1) for the Advanced Research and Develop- shall include a description of the efforts of the bill be printed in the RECORD. ment Committee and the Environmental being made to implement the sanctions as The text of the bill follows: Task Force shall remain available until Sep- soon as possible and an estimate of the date on which the sanctions will become effec- S. 922 tember 30, 1997. (b) AUTHORIZED PERSONNEL LEVELS.—The tive.’’. Be it enacted by the Senate and House of Rep- Community Management Staff of the Direc- SEC. 304. THRIFT SAVINGS PLAN FORFEITURE. resentatives of the United States of America in tor of Central Intelligence is authorized 247 (a) IN GENERAL.—Section 8432(g) of title 5, Congress assembled, That this Act may be full-time personnel as of September 30, 1996. United States Code, is amended by adding at cited as the ‘‘Intelligence Authorization Act Such personnel of the Community Manage- the end the following new paragraph: for Fiscal Year 1996’’. ment Staff may be permanent employees of ‘‘(5) Notwithstanding any other provision the Community Management Staff or per- of law, contributions made by the Govern- TITLE I—INTELLIGENCE ACTIVITIES sonnel detailed from other elements of the ment for the benefit of an employee under SEC. 101. AUTHORIZATION OF APPROPRIATIONS. United States Government. subsection (c), and all earnings attributable Funds are authorized to be appropriated (c) REIMBURSEMENT.—During the fiscal to such contributions, shall be forfeited if for fiscal year 1996 for the conduct of the in- year 1996, any officer or employee of the the employee’s annuity, or that of a survivor telligence and intelligence-related activities United States or any member of the Armed or beneficiary, is forfeited pursuant to sub- of the following elements of the United Forces who is detailed to the Community chapter II of chapter 83 of this title.’’. States Government: Management Staff from another element of (b) EFFECTIVE DATE.—The amendment (1) The Central Intelligence Agency. the United States Government shall be de- made by subsection (a) shall apply to of- (2) The Department of Defense. tailed on a reimbursable basis, except that fenses upon which the requisite annuity for- (3) The Defense Intelligence Agency. any such officer, employee, or member may feitures are based occurring on or after the (4) The National Security Agency. be detailed on a nonreimbursable basis for a date of enactment of this Act. (5) The Department of the Army, the De- period of less than one year for the perform- SEC. 305. AUTHORITY TO RESTORE SPOUSAL partment of the Navy, and the Department ance of temporary functions as required by PENSION BENEFITS TO SPOUSES the Director of Central Intelligence. WHO COOPERATE IN CRIMINAL IN- of the Air Force. VESTIGATIONS AND PRECAUTIONS (6) The Department of State. TITLE II—CENTRAL INTELLIGENCE AGEN- FOR NATIONAL SECURITY OF- (7) The Department of Treasury. CY RETIREMENT AND DISABILITY SYS- FENSES. (8) The Department of Energy. TEM Section 8312 of title 5, United States Code, (9) The Federal Bureau of Investigation. SEC. 201. AUTHORIZATION OF APPROPRIATIONS. is amended by adding at the end the follow- (10) The Drug Enforcement Administra- There is authorized to be appropriated for ing new subsection: tion. the Central Intelligence Agency Retirement ‘‘(e) Notwithstanding any other provision (11) The National Reconnaissance Office. and Disability Fund for fiscal year 1996 the of law, the spouse of an employee whose an- (12) The Central Imagery Office. sum of $213,900,000. nuity or retired pay is forfeited under this S 8620 CONGRESSIONAL RECORD — SENATE June 19, 1995 section or section 8313 after the enactment of compensation as volunteers in aid of the re- intelligence agency has established a rela- this subsection shall be eligible for spousal view by the Central Intelligence Agency for tionship for the purpose of obtaining infor- pension benefits if the Attorney General de- declassification or downgrading of classified mation.’’. termines that the spouse fully cooperated information under applicable Executive Or- TITLE V—DEPARTMENT OF DEFENSE with Federal authorities in the conduct of a ders covering the classification and declas- INTELLIGENCE ACTIVITIES criminal investigation and subsequent pros- sification of national security information SEC. 501. COMPARABLE OVERSEAS BENEFITS ecution of the employee.’’. and Public Law 102–526. ‘‘(b) The Agency is authorized to use sums AND ALLOWANCES FOR CIVILIAN SEC. 306. AMENDMENT TO THE HATCH ACT RE- AND MILITARY PERSONNEL AS- FORM AMENDMENTS OF 1993. made available to the Agency by appropria- SIGNED TO THE DEFENSE INTEL- Section 7325 of title 5, United States Code, tions or otherwise for paying the costs inci- LIGENCE AGENCY. is amended by adding after ‘‘section 7323(a)’’ dental to the utilization of services contrib- (a) TITLE 10.—Title 10, United States Code, the following: ‘‘and paragraph (2) of section uted by individuals who serve without com- is amended— 7323(b)’’. pensation as volunteers in aid of the review (1) in section 1605(a), by striking ‘‘and’’ by the Agency of classified information, in- SEC. 307. REPORT ON PERSONNEL POLICIES. after ‘‘Defense Attache Offices’’ and insert- cluding, but not limited to, the costs of (a) REPORT REQUIRED.—Not later than ing ‘‘or’’; and training, transportation, lodging, subsist- three months after the date of enactment of (2) in section 1605(a), by inserting ‘‘, and ence, equipment, and supplies. Agency offi- this Act, the Director of Central Intelligence Defense Intelligence Agency employees as- cials may authorize either direct procure- shall submit to the intelligence committees signed to duty outside the United States,’’ ment of, or reimbursement for, expenses in- of Congress a report describing personnel after ‘‘outside the United States,’’. cidental to the effective use of volunteers, procedures, and recommending necessary (b) TITLE 37.—Title 37, United States Code, except that provision for such expenses or legislation, to provide for mandatory retire- is amended— services shall be in accordance with volun- ment for expiration of time in class, com- (1) in section 431(a), by striking ‘‘and’’ teer agreements made with such individuals parable to the applicable provisions of sec- after ‘‘Defense Attache Offices’’ and insert- and that such sums may not exceed $100,000. ing ‘‘or’’; and tion 607 of the Foreign Service Act of 1980 (22 ‘‘(c) Notwithstanding the provision of any U.S.C. 4007), and termination based on rel- (2) in section 431(a), by inserting ‘‘, and other law, individuals who volunteer to pro- members of the armed forces assigned to the ative performance, comparable to section 608 vide services to the Agency under this sec- of the Foreign Service Act of 1980 (22 U.S.C. Defense Intelligence Agency and engaged in tion shall be covered by and subject to the intelligence related duties outside the Unit- 4008), for all civilian employees of the provisions of— Central Intelligence Agency, the National ed States,’’ after ‘‘outside the United ‘‘(1) the Federal Employees Compensation States’’. Security Agency, the Defense Intelligence Act; and Agency, and the intelligence elements of the ‘‘(2) chapter 11 of title 18, United States SEC. 502. AUTHORITY TO CONDUCT COMMERCIAL Army, Navy, Air Force, and Marine Corps. ACTIVITIES NECESSARY TO PROVIDE Code, SECURITY FOR AUTHORIZED INTEL- (b) COORDINATION.—The preparation of the as if they were employees or special Govern- report required by subsection (a) shall be co- LIGENCE COLLECTION ACTIVITIES ment employees depending upon the days of ABROAD. ordinated as appropriate with elements of expected service at the time they begin their Section 431(a) of title 10, United States the intelligence community (as defined in volunteer service.’’. Code, is amended by striking ‘‘1995’’ and in- section 3(4) of the National Security Act of SEC. 403. AUTHORITIES OF THE INSPECTOR GEN- serting ‘‘2001’’. 1947 (50 U.S.C. 401(4)). ERAL OF THE CENTRAL INTEL- SEC. 503. MILITARY DEPARTMENTS’ CIVILIAN IN- (c) DEFINITION.—As used in this section, LIGENCE AGENCY. the term ‘‘intelligence committees of Con- TELLIGENCE PERSONNEL MANAGE- (a) REPORTS BY THE INSPECTOR GENERAL.— MENT SYSTEM: ACQUISITION OF gress’’ means the Select Committee on Intel- Section 17(b)(5) of the Central Intelligence CRITICAL SKILLS. ligence of the Senate and the Permanent Se- Act of 1949 (50 U.S.C. 403q) is amended to read (a) ESTABLISHMENT OF TRAINING PRO- lect Committee on Intelligence of the House as follows: GRAM.—Chapter 81 of title 10, United States of Representatives. ‘‘(5) In accordance with section 535 of title Code, is amended by adding at the end there- SEC. 308. ASSISTANCE TO FOREIGN COUNTRIES. 28, United States Code, the Inspector General of the following new section: (a) IN GENERAL.—Notwithstanding any shall report to the Attorney General any in- ‘‘§ 1599. Financial assistance to certain em- other provision of law, funds authorized to formation, allegation, or complaint received ployees in acquisition of critical skills be appropriated by this Act may be used to by the Inspector General relating to viola- provide assistance to a foreign country for tions of Federal criminal law that involve a ‘‘(a) TRAINING PROGRAM.—The Secretary of counterterrorism efforts if— program or operation of the Agency, consist- Defense shall establish an undergraduate (1) such assistance is provided for the pur- ent with such guidelines as may be issued by training program with respect to civilian pose of protecting the property of the United the Attorney General pursuant to paragraph employees in the Military Departments’ Ci- States Government or the life and property (2). A copy of all such reports shall be fur- vilian Intelligence Personnel Management of any United States citizen, or furthering nished to the Director.’’. System that is similar in purpose, condi- the apprehension of any individual involved (b) EXCEPTION TO NONDISCLOSURE REQUIRE- tions, content, and administration to the in any act of terrorism against such property MENT.—Section 17(e)(3)(A) of such Act is program which the Secretary of Defense es- or persons; and amended by inserting after ‘‘investigation’’ tablished under section 16 of the National (2) the appropriate committees of Congress the following: ‘‘or the disclosure is made to Security Act of 1959 (50 U.S.C. 402 note) for are notified not later than 15 days prior to an official of the Department of Justice re- civilian employees of the National Security the provision of such assistance. sponsible for determining whether a prosecu- Agency. (b) DEFINITION.—As used in this section, tion should be undertaken’’. ‘‘(b) FUNDING OF TRAINING PROGRAM.—Any the term ‘‘appropriate congressional com- SEC. 404. REPORT ON LIAISON RELATIONSHIPS. payments made by the Secretary to carry mittees’’ means the Select Committee on In- (a) ANNUAL REPORT.—Section 502 of the Na- out the program required to be established telligence of the Senate and the Permanent tional Security Act of 1947 (50 U.S.C. 413a) is by subsection (a) may be made in any fiscal Select Committee on Intelligence of the amended— year only to the extent that appropriated House of Representatives. (1) by striking ‘‘and’’ at the end of para- funds are available for that purpose.’’. (b) CLERICAL AMENDMENT.—The table of TITLE IV—CENTRAL INTELLIGENCE graph (1); sections at the beginning of that chapter is AGENCY (2) by striking the period at the end of paragraph (2) and inserting ‘‘; and’’; and amended by adding at the end thereof the SEC. 401. EXTENSION OF THE CIA VOLUNTARY (3) by adding at the end the following: following: SEPARATION PAY ACT. ‘‘(3) annually submit to the intelligence ‘‘Sec. 1599. Financial assistance to certain Section 2(f) of the CIA Voluntary Separa- committees a report describing all liaison re- employees in acquisition of tion Pay Act is amended by striking out lationships for the preceding year, includ- critical skills.’’. ‘‘September 30, 1997’’ and inserting in lieu ing— thereof ‘‘September 30, 1999’’. TITLE VI—FEDERAL BUREAU OF ‘‘(A) the names of the governments and en- INVESTIGATION SEC. 402. VOLUNTEER SERVICE PROGRAM. tities; The Central Intelligence Agency Act of ‘‘(B) the purpose of each relationship; SEC. 601. DISCLOSURE OF INFORMATION AND 1949 (50 U.S.C. 403a et seq.) is amended by CONSUMER REPORTS TO FBI FOR ‘‘(C) the resources dedicated (including COUNTERINTELLIGENCE PURPOSES. adding at the end of the following new sec- personnel, funds, and materiel); tion: (a) IN GENERAL.—The Fair Credit Report- ‘‘(D) a description of the intelligence pro- ing Act (15 U.S.C. 1681 et seq.) is amended by ‘‘SEC. 20. VOLUNTEER SERVICE PROGRAM. vided and received, including any reports on adding after section 623, the following new ‘‘(a) Notwithstanding any other provision human rights violations; and section: of law, the Director of Central Intelligence is ‘‘(E) any significant changes anticipated.’’. authorized to establish and maintain a pro- (b) DEFINITION.—Section 606 of such Act is ‘‘§ 624. Disclosures to FBI for counterintel- gram during fiscal years 1996 through 2001 to amended by adding at the end the following: ligence purposes utilize the services contributed by not more ‘‘(11) The term ‘liaison’ means any govern- ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.— than 50 retired annuitants who serve without mental entity or individual with whom an Notwithstanding section 604 or any other June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8621 provision of this title, a consumer reporting ‘‘(d) CONFIDENTIALITY.—No consumer re- violated any provision of this section and the agency shall furnish to the Federal Bureau porting agency or officer, employee, or agent court finds that the circumstances surround- of Investigation the names and addresses of of a consumer reporting agency shall dis- ing the violation raise questions of whether all financial institutions (as that term is de- close to any person, other than those offi- or not an officer or employee of the agency fined in section 1101 of the Right to Finan- cers, employees, or agents of a consumer re- or department acted willfully or inten- cial Privacy Act of 1978) at which a consumer porting agency necessary to fulfill the re- tionally with respect to the violation, the maintains or has maintained an account, to quirement to disclose information to the agency or department shall promptly initi- the extent that information is in the files of Federal Bureau of Investigation under this ate a proceeding to determine whether or not the agency, when presented with a written section, that the Federal Bureau of Inves- disciplinary action is warranted against the request for that information, signed by the tigation has sought or obtained the identity officer or employee who was responsible for Director of the Federal Bureau of Investiga- of financial institutions or a consumer re- the violation. tion, or the Director’s designee, which cer- port respecting any consumer under sub- ‘‘(k) GOOD-FAITH EXCEPTION.—Notwith- tifies compliance with this section. The Di- section (a), (b), or (c), and no consumer re- standing any other provision of this title, rector or the Director’s designee may make porting agency or officer, employee, or agent any consumer reporting agency or agent or such a certification only if the Director or of a consumer reporting agency shall include employee thereof making disclosure of the Director’s designee has determined in in any consumer report any information that consumer reports or identifying information writing that— would indicate that the Federal Bureau of pursuant to this subsection in good-faith re- ‘‘(1) such information is necessary for the Investigation has sought or obtained such in- liance upon a certification of the Federal Bu- conduct of an authorized foreign counter- formation or a consumer report. reau of Investigation pursuant to provisions intelligence investigation; and ‘‘(e) PAYMENT OF FEES.—The Federal Bu- of this section shall not be liable to any per- ‘‘(2) there are specific and articulable facts reau of Investigation shall, subject to the son for such disclosure under this title, the giving reason to believe that the consumer— availability of appropriations, pay to the constitution of any State, or any law or reg- ‘‘(A) is a foreign power (as defined in sec- consumer reporting agency assembling or ulation of any State or any political subdivi- tion 101 of the Foreign Intelligence Surveil- providing report or information in accord- sion of any State. lance Act of 1978) or a person who is not a ance with procedures established under this ‘‘(l) LIMITATION OF REMEDIES.—Notwith- United States person (as defined in such sec- section a fee for reimbursement for such standing any other provision of this title, tion 101) and is an official of a foreign power; costs as are reasonably necessary and which the remedies and sanctions set forth in this or have been directly incurred in searching, re- section shall be the only judicial remedies ‘‘(B) is an agent of a foreign power and is producing, or transporting books, papers, and sanctions for violation of this section. engaging or has engaged in an act of inter- records, or other data required or requested ‘‘(m) INJUNCTIVE RELIEF.—In addition to national terrorism (as that term is defined in to be produced under this section. any other remedy contained in this section, section 101(c) of the Foreign Intelligence ‘‘(f) LIMIT ON DISSEMINATION.—The Federal injunctive relief shall be available to require Surveillance Act of 1978) or clandestine in- Bureau of Investigation may not disseminate compliance with the procedures of this sec- telligence activities that involve or may in- information obtained pursuant to this sec- tion. In the event of any successful action volve a violation of criminal statutes of the tion outside of the Federal Bureau of Inves- under this subsection, costs together with United States. tigation, except to other Federal agencies as reasonable attorney fees, as determined by ‘‘(b) IDENTIFYING INFORMATION.—Notwith- may be necessary for the approval or con- the court, may be recovered.’’. (b) CLERICAL AMENDMENT.—The table of standing the provisions of section 604 or any duct of a foreign counterintelligence inves- sections at the beginning of the Fair Credit other provision of this title, a consumer re- tigation, or, where the information concerns Reporting Act (15 U.S.C. 1681 et seq.) is porting agency shall furnish identifying in- a person subject to the uniform Code of Mili- amended by adding after the item relating to formation respecting a consumer, limited to tary Justice, to appropriate investigative au- section 624 the following: name, address, former addresses, places of thorities within the military department employment, or former places of employ- concerned as may be necessary for the con- ‘‘624. Disclosures to FBI for counterintel- ment, to the Federal Bureau of Investigation duct of a joint foreign counterintelligence ligence purposes.’’. when presented with a written request, investigation. TITLE VII—TECHNICAL CORRECTIONS signed by the Director or the Director’s des- ‘‘(g) RULES OF CONSTRUCTION.—Nothing in SEC. 701. CLARIFICATION WITH RESPECT TO PAY ignee, which certifies compliance with this this section shall be construed to prohibit in- FOR DIRECTOR OR DEPUTY DIREC- subsection. The Director or the Director’s formation from being furnished by the Fed- TOR OF CENTRAL INTELLIGENCE designee may make such a certification only eral Bureau of Investigation pursuant to a APPOINTED FROM COMMISSIONED if the Director or the Director’s designee has subpoena or court order, in connection with OFFICERS OF THE ARMED FORCES. Section 102(c)(3)(C) of the National Secu- determined in writing that— a judicial or administrative proceeding to rity Act of 1947 (50 U.S.C. 403(c)(3)(C)) is ‘‘(A) such information is necessary to the enforce the provisions of this Act. Nothing in amended— conduct of an authorized counterintelligence this section shall be construed to authorize (1) by striking ‘‘A’’ before ‘‘commissioned’’ investigation; and or permit the withholding of information and inserting ‘‘An active duty’’; ‘‘(B) there is information giving reason to from the Congress. (2) by striking out ‘‘(including retired believe that the consumer has been, or is ‘‘(h) REPORTS TO CONGRESS.—On a semi- pay)’’; about to be, in contact with a foreign power annual basis, the Attorney General shall (3) by inserting ‘‘an active duty’’ after or an agent of a foreign power (as defined in fully inform the Permanent Select Commit- ‘‘payable to’’; and section 101 of the Foreign Intelligence Sur- tee on Intelligence and the Committee on (4) by striking ‘‘a’’ before ‘‘commissioned’’. veillance Act of 1978). Banking, Finance and Urban Affairs of the ‘‘(c) COURT ORDER FOR DISCLOSURE OF House of Representatives, and the Select SEC. 702. CHANGE OF OFFICE DESIGNATION IN CIA INFORMATION ACT. CONSUMER REPORTS.—Notwithstanding sec- Committee on Intelligence and the Commit- Section 701(b)(3) of the CIA Information tion 604 or any other provision of this title, tee on Banking, Housing, and Urban Affairs Act of 1984 (50 U.S.C. 431(b)(3)) is amended by if requested in writing by the Director of the of the Senate concerning all requests made striking ‘‘Office of Security’’ and inserting Federal Bureau of Investigation, or a des- pursuant to subsections (a), (b), and (c). ‘‘Office of Personnel Security’’.∑ ignee of the Director, a court may issue an ‘‘(i) DAMAGES.—Any agency or department order ex parte directing a consumer report- of the United States obtaining or disclosing f ing agency to furnish a consumer report to any consumer reports, records, or informa- the Federal Bureau of Investigation, upon a tion contained therein in violation of this CONGRATULATIONS ON THE 100TH showing in camera that— section is liable to the consumer to whom BIRTHDAY OF THE BERGEN ‘‘(1) the consumer report is necessary for such consumer reports, records, or informa- RECORD the conduct of an authorized foreign coun- tion relate in an amount equal to the sum ∑ Mr. LAUTENBERG. Mr. President, terintelligence investigation; and of— ‘‘(2) there are specific and articulable facts on June 5, 1995, the Bergen Record, the ‘‘(1) $100, without regard to the volume of flagship of one of New Jersey’s most giving reason to believe that the consumer consumer reports, records, or information in- whose consumer report is sought— volved; successful family-owned businesses, ‘‘(A) is an agent of a foreign power, and ‘‘(2) any actual damages sustained by the turned 100 years old. ‘‘(B) is engaging or has engaged in an act consumer as a result of the disclosure; Since John Borg bought the paper in of international terrorism (as that term is ‘‘(3) if the violation is found to have been 1930, it has flourished to become New defined in section 101(c) of the Foreign Intel- willful or intentional, such punitive damages Jersey’s third largest daily newspaper ligence Surveillance Act of 1978) or clandes- as a court may allow; and with a daily circulation of 172,000 and a tine intelligence activities that involve or ‘‘(4) in the case of any successful action to Sunday circulation of 246,000. New Jer- may involve a violation of criminal statutes enforce liability under this subsection, the of the United States. sey’s readers have been well served by costs of the action, together with reasonable an editorial policy that encourages The terms of an order issued under this sub- attorney fees, as determined by the court. section shall not disclose that the order is is- ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLA- thoughtful, objective reporting on is- sued for purposes of a counterintelligence in- TIONS.—If a court determines that any agen- sues of importance to our State’s most vestigation. cy or department of the United States has populous county. S 8622 CONGRESSIONAL RECORD — SENATE June 19, 1995 The Bergen Record is the cornerstone The remarks follow: parents’ generation to a most fundamental upon which the Borg family built its [From the National Labor Relations Board, denial of equal opportunity.’’ burgeoning media business, Washington, DC, May 14, 1995] The NLRB Chairman, on leave as the Charles A. Beardsley Professor of Law at Macromedia Inc., which includes the NLRB CHAIRMAN GOULD URGES LAW SCHOOL Stanford Law School, said he was proud of GRADS TO CONSIDER PUBLIC SERVICE CAREERS Bergen Record Corp., the News Trib- the agency’s prominent role in the Major une, Magna Media Advertising, Inc., In a commencement address on May 14 at League Baseball dispute where ‘‘the public and Gateway Communications. the Ohio State University College of Law, was able to obtain a brief glimpse of the But what is special about this com- National Labor Relations Board Chairman Board’s day-to-day commitment to the rule pany is that, through all of this William B. Gould IV encouraged the grad- of law in the workplace.’’ On March 26, the growth, the Borg family has continued uates to consider careers in public service Board voted to seek injunctive relief under ‘‘even in this period of government bashing Section 10(j) of the Act requiring the owners the tradition started by John Borg of by the 104th Congress’’ and as the legal pro- fostering an employee-oriented busi- to reinstate salary arbitration and free agen- fession is under attack. cy while the parties bargain a new contract. ness. The chairman of the board, Mal- ‘‘My hope is that many of you will dedicate He said further: colm Borg, is known by his first name yourselves as lawyers or in other careers to a concern for the public good,’’ Chairman ‘‘What may have been overlooked in the and all 1,200 employees know that he public view was the fact that the Board was has an open-door policy. Gould said in the graduation observance in Columbus, Ohio. ‘‘Now, when Oklahoma City able to proceed through a fast track ap- This attitude extends outward to the proach and make the promise of spontaneous community with programs such as the has made it clear that the idea of govern- ment itself as well as the law is under at- and free collection bargaining in the work- in-house tutoring program for Hacken- tack, it is useful to reflect back upon what place a reality. I hope that the players and sack Middle School Students and the government, frequently in conjunction with owners will now do their part and bargain a scholarship program for the children of lawyers, has done for us in this century new agreement forthwith!’’ Record employees. In addition, adver- alone in moving toward a more civilized so- ‘‘I am particularly proud to head an agen- tising space is regularly donated to ciety.’’ He stated:. cy which is celebrating its 60th anniversary ‘‘What would our society look like without this summer and which, from the very begin- benefit and promote such worthy ning of its origins in the Great Depression of causes as Food Action of New Jersey the trust busters of Theodore Roosevelt’s era and the Federal Reserve System created by the 1930s, has contributed to the public good and Help the Heartland. Employees are Woodrow Wilson? Regulatory approaches to through adherence to a statute which en- encouraged to volunteer their time for food and drug administration, the securities courages the practice and procedures of col- worthy causes. market, the licensing of radio and television lective bargaining. . . .’’ A commissioner on the Palisades stations, labor-management relations (with Interstate Park Commission, Malcolm which my agency is concerned) and trade SERVING THE PUBLIC INTEREST THROUGH THE Borg has taken a lead role in moving to practices are all part of the Roosevelt New RULE OF LAW: A TRILOGY OF VALUES protect Sterling Forest, the largest Deal legacy which few would disavow in (By William B. Gould IV, May 14, 1995) toto.’’ contiguous forest in New York. The Ladies and gentlemen. Members of the fac- Mr. Gould said ‘‘the challenge of public ulty. Honored guess. I am indeed honored to aquifers in this forest supply one quar- service in Washington has never been more be with you here today in Columbus and to ter of New Jersey’s population with exciting or inspirational,’’ as a result of ‘‘the have the opportunity to address the grad- drinking water. Mac Borg’s commit- Clinton Administration’s commitment—not uates of this distinguished College of Law ment to this project is instrumental in only to helping the less financially able to School as well as their parents, relatives, our fight to protect this land from a use available educational opportunities and and friends on this most significant rite of to provide a higher minimum wage to those planned development which includes passage. Looking backward 34 years to June who are in economic distress—but also, most 14,000 homes and light industrial and 1961, my own law school graduation day was particularly, through the National Service,’’ commercial space. certainly one of the most important and He added: Mr. President, I would like to recog- ‘‘My sense is that there is a great oppor- memorable in my life. It was the beginning nize the enormous contributions to tunity for lawyers to serve the public good of a long involvement in labor and employ- Bergen County and New Jersey made through the public service today—even in ment law as well as civil rights and inter- by the Borg family, the Bergen Record this period of government bashing by the national human rights. and the employees of the paper. They 104th Congress. More than three decades ago But I confess that today I am hardly able have served their community well and President John F. Kennedy called upon the to recall any of the wise words of advice that the graduation speaker imparted to us that I congratulate them.∑ sense of a ‘greater purpose’ in a speech at the University of Michigan when he advocated shining day at Cornell Law School in Ithaca, f the creation of the Peace Corps during the New York. So, as I address you today I don’t have any illusions that what I say is likely ON THE VALUE OF PUBLIC 1960 campaign. President Bill Clinton’s Na- tional and Community Service Trust Act to change the course of your lives. But my SERVICE (AmeriCorps.), designed to allow young peo- hope is that my story will provide some con- ∑ Mr. HATFIELD. Mr. President, I ap- ple tuition reimbursements for community text relevant to the professional pathways preciate this opportunity to share with service, echoes the same spirit of commit- upon which you are about to embark. my colleagues the thoughtful com- ment set forth by President Kennedy—and at Both governmental service and the fur- an earlier point by President Roosevelt therance of the rule of law by the legal pro- ments of National Labor Relations fession have possessed a centrality and thus Board Chairman, William B. Gould IV, through the Civilian Conservation Corps.’’ Tracing his own interest in the law and constituted abiding themes in my profes- to graduates of the Ohio State Univer- government service, Mr. Gould said he was sional life. I hope that my remarks to you sity College of Law. In his remarks, inspired by the Supreme Court’s landmark here today will induce some of you to con- Mr. Gould reminds us of the satisfac- 1954 decision in Brown v. Board of Education, sider government as an option at some point tion one obtains through service to the NAACP’s anti-discrimination efforts in in your careers, notwithstanding the anti- one’s community and of the many op- the South, and ‘‘[m]ore than anything else government tenor of these times. portunities available for us to do so. . . . the struggle in South Africa made me The tragedy of Oklahoma City has drama- His inspiring comments make clear the see the connection between the rule of law tized the contemporary vulnerability of these values to sustained attack, both verbal value and importance of this commit- and dealing with injustice.’’ He also spoke of the ‘‘trilogy of values’’ at his ‘‘inner core’’ and violent. As the New York Times said last ment to assisting those around us. that has guided his life and fostered his phil- month, we must ‘‘confront the reality that A remark by philosopher Albert osophical allegience to the New Deal, the over the past few years the language of poli- Schweitzer has never failed to kindle New Frontier and the Great Society. tics has become infected with violent words my enthusiasm for work in the field of The first of these values is the idea from and a mindset of animosity toward the insti- public service. Mr. Schweitzer once his upbringing in the Episcopal Church of tutions of government.’’ The columnist Mark told an audience: ‘‘our duty to live by the Comfortable Words Shields has noted that this phenomenon has and to help those who ‘travail and are heavy been fueled by the idea that the ‘‘red scare’’ I do not know what your destiny will be, laden.’ The second was the belief, inspired by should give way to the ‘‘fed scare.’’ but one thing I know: the only ones among his parents, that ‘‘the average person needs My own view is that government does best you who will be truly happy are those who some measure of protection against both the when it intervenes to help those in genuine will have sought and found how to serve. powerful and unexpected adversity.’’ The need of assistance—but I am aware that this I thank my colleagues for this oppor- third value, Mr. Gould continued, was ‘‘based point does not enjoy much popularity in tunity to make Mr. Gould’s remarks a upon personal exposure to the indignity of Congress these days. Again Shields, in dis- part of the RECORD. racial discrimination which consigned my cussing recent comments of Senator Robert June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8623 Kerry of Nebraska, put it well when he char- My sense is that there is a great oppor- accountants, doctors and bankers and barely acterized the conservative view of the na- tunity for lawyers to serve the public good above auto mechanics. According to the ABA tion’s problem: ‘‘The problem with the Poor through the public service today—even in poll half of the public thinks one-third or is that they have too much money; the prob- this period of government bashing by the more of lawyers are dishonest, including one lem with the Rich is that they have too lit- 104th Congress. More than three decades ago in four Americans who believe that a major- tle.’’ President John F. Kennedy called upon the ity of lawyers are dishonest. The pollster Although I cannot recall the Great Depres- sense of a ‘‘greater purpose’’ in a speech at concluded that ‘‘the legal profession must do sion and its desperate circumstances, a tril- the University of Michigan when he advo- some soul searching about the status quo, re- ogy of values have always made up my inner cated the creation of the Peace Corps during solve to make some sacrifices to ensure a core. The first of these is the idea that I the 1960 campaign. President Bill Clinton’s positive future, and, above all, clean up its heard in Long Branch, New Jersey’s St. National and Community Service Trust Act own house.’’ James’ Episcopal Church every Sunday, i.e., (AmeriCorps), designed to allow young peo- One way for the profession to clean its own that it is our duty to live by the Comfortable ple tuition reimbursements for community house is to find new substitutes for lengthy Words and to help those who ‘‘travail and are service, echoes the same spirit of commit- litigation, frequently both wasteful and un- heavy laden.’’ Fused together with this was a ment set forth by President Kennedy—and at necessarily acrimonious, such as alternative belief, inculcated by my parents, that the av- an earlier point by President Franklin D. dispute resolution—particularly in my own erage person needs some measure of protec- Roosevelt through the Civilian Conservation area of employment law. More than a decade tion against both the powerful and unex- Corps. ago I chaired a Committee of the California pected adversity. The third was based upon This sense of idealism and purpose was at State Bar which recommended that new personal exposure to the indignity of racial work in the New Deal which brought so methods be devised for many employment discrimination which consigned my parents’ many bright, public spirited young people to cases, and that where employees could have generation to a most fundamental denial of Washington committed and dedicated to the access to economical and expeditious proce- equal opportunity. It is this trilogy of values reform of our social, economic and political dures, it was appropriate to limit or cap which fostered my philosophical allegiance institutions. The same spirit has been rekin- damages. But the difficult balance involved to the New Deal, the New Frontier and the dled by both President Kennedy as well as is to avoid limitation of the basic rights of Great Society. President Clinton since the arrival of this ordinary people to sue for the enforcement of Simply put, I came to the law and Cornell Administration in Washington almost two- consumer and employment related legisla- Law School because of my view that law any and-one-half-years ago. tion. lawyers can reduce arbitrary inequities and In a sense, this has come about by virtue of Attitudes towards lawyers are inevitably the fact that Chief Justice Earl Warren’s the Clinton Administration’s commitment— affected by one’s view of the law and the May 17, 1954, opinion for a unanimous Su- not only to child immunization initiatives legal process. I hope that you will look very preme Court in Brown v. Board of Education and helping the less financially able to use seriously at government service as you seek represented an accurate illustration of that available educational opportunities and to to use your newly acquired skills to better point. As you know, the holding was that provide a higher minimum wage to those the position of your fellow human being. separate but equal was unconstitutional in who are in economic distress—but also, most This is the most basic contribution that law- public education. particularly, through the National Service. yers can make to society—and it is obvious A unanimous Court rendered that historic You have an unparalleled opportunity in that an increased commitment to govern- decision—in some sense a corollary to Presi- the ’90s to serve the public good. Your course ment or, if you choose private practice or dent Harry Truman’s desegregation of the offering which includes Social and Environ- some other area of activity, pro bono work is Armed Forces—which possessed sweeping im- mental Litigation, Right of Privacy, Soci- central to this effort. plications for all aspects of American soci- ety, Deviance and the Law, Foreign Rela- I am particularly proud to head an agency ety. The High Court’s ruling prompted a new tions Law, Employment Discrimination Law which is celebrating its 60th anniversary this focus upon fair treatment in general and dis- and Law of Politics, to mention a few, reflect summer and which, from the very beginning crimination based upon such arbitrary con- our times and provide you with a framework of its origins in the Great Depression of the siderations as sex age, religion, sexual ori- that my contemporaries never possessed. 1930s, has contributed to the public good entation and disabilities in particular. Though most of my words today are fo- through adherence to a statute which en- As a high school senior reading of NAACP cused upon government or public service as a courages the practice and procedure of col- Counsel Thurgood Marshall’s courageous ef- career or part of a career, the fact is that lective bargaining—as well as in other por- forts throughout the South—and one who your commitment to the public interest and tions of our law. Since its inception, the Na- was heavily influenced by the Democratic the rule of law can be realized in a number tional Labor Relations Board has possessed a Party’s commitment to civil rights plat- of forms. It is vital to the public interest culture of commitment to hard work, excel- forms in ‘48 and ‘52, as well as President Tru- that those committed to it are involved in a lence, and to the promotion of a rule of law man’s insistence upon comprehensive medi- wide variety of legal, business and social ca- which is designed to allow both workers and cal insurance—I thought that the legal pro- reers—representing, for instance, corpora- business to peaceably resolve their difficul- fession was one in which the moral order of tions, unions, as well as public interest orga- ties through their own procedures. human rights was relevant. The prominence nizations. Illustrative of this process was the NLRB’s of lawyers in political life, like Adlai Steven- But our commitment to law and the public prominent role in the baseball dispute. It son who ‘‘talked sense’’ to the American peo- interest is made more difficult given the fact was not the Board’s job to take sides be- ple, was also a factor in my choice of the law that our legal profession is in the midst of a tween the players and the owners or to deter- as a career. tumultuous and confusing environment. On mine whose economic position ought to pre- More than anything else, though, the the one hand, lawyer bashing, sometimes vail. Consistent with this approach, it was struggle in South Africa made me see the justified and sometimes not, seems to be our job to decide whether there was suffi- connection between the development of the moving full steam ahead. Part of this phe- cient merit, as reflected by the facts and rule of law and dealing with injustice. I nomenon seems to be attributable to the fear law, to proceed into federal district court to watched the United Nations focus its atten- that the production of so many law students obtain an injunction against certain unilat- tion upon that country when a young lawyer will soon result in too many lawyers for a so- eral changes in conditions of employment named Nelson Mandela and so many other ciety’s own good. made by the owners. The Board handled the brave activists were imprisoned, or, worse Only two years ago a National Law Jour- baseball case as it does any other case. yet, tortured or killed for political reasons. nal poll showed that only five percent of par- Nor is it our job to take into account pol- My very first publication was a review of ents, given the choice of several professions, icy arguments arising out of the peculiar- Alan Paton’s ‘‘Hope for South Africa’’ in wanted their children to be attorneys. Un- ities of this industry, the income or status or ‘‘The New Republic’’ in September 1959. In doubtedly, this unpopularity is what has notoriety of particular individuals on either the early ‘90s I had the privilege to meet Mr. fueled a number of the legal initiatives un- side. The statute applies—properly in my Mandela twice in South Africa—and then to dertaken by the Republican Congress to the judgment—to the unskilled and the skilled, attend President Mandela’s inauguration effect, for instance, that the loser in litiga- to those who make the minimum wage and just a year ago in Pretoria. tion should pay all costs, that caps be de- those who are financially secure. The Brown ruling, its judicial and legisla- vised for punitive damages, etc. In the baseball case, the public was able to tive progeny and the inspiration of lawyers A 1993 ABA poll comparing public attitudes obtain a brief glimpse of the Board’s day-by- dedicated to principles and practicality— toward nine professions ranked lawyers third day commitment to the rule of law in the lawyers like Marshall, Mandela, Stevenson from the bottom, ranking higher than only workplace. Where parties are involved in an and President Lincoln in the fiery storm of stockbrokers and politicians in popularity. established collective bargaining arrange- our own Civil War—promoted my belief in In attempting to discover the reasons for the ment, our mandate under the statute is to the rule of law. And the fact is that my faith low public opinion of lawyers the poll asked act in a manner consistent with the foster- in the law as a vehicle for change has been what percentage of lawyers and of five other ing of the bargaining process—and I believe reinforced and realized over these many occupations lack the ethical standards and that we discharged our duty in baseball in a years through the opportunities that I have honesty to serve the public. manner consistent with that objective. had to work in private practice, teaching and The results revealed an appalling ethical What may have been overlooked in the government service. image of lawyers. Lawyers ranked well below public view was the fact that the Board was S 8624 CONGRESSIONAL RECORD — SENATE June 19, 1995 able to proceed through a fast track ap- idea of government itself as well as the law ing Board Members or Commissioners to one proach and make the promise of spontaneous is under attack, it is useful to reflect back term of service. The temptation to please and free collective bargaining in the work- upon what government, frequently in con- elected superiors might decline accordingly. place a reality. I hope that the players and junction with lawyers, has done for us in this Of course, all of us cannot win victories owners will now do their part and bargain a century alone in moving toward a more civ- within 15 days, like Cincinnatus, and be back new agreement forthwith! ilized society. on our farms or in our communities so Our March 26 decision to seek an injunc- Justice Holmes said, ‘‘Taxes are what we quickly. But true public service involves a tion seems to have facilitated the resump- pay for civilized society,’’—an axiom often self-sacrifice which rises above the imme- tion of baseball and thus was a great victory forgotten in the politics of the mid-’90s. diate pressures. Do the best that you can to for the public in renewing its contact with What would our society look like without serve the public good. the game which, like the Constitution, the the trust busters of Theodore Roosevelt’s era This does not assure success or complete Flag, and straight-ahead jazz is so central to and the Federal Reserve System created by effectiveness. But it does allow you to make the essence of the country. Hopefully, it will Woodrow Wilson? Regulatory approaches to use of your acquired expertise for the best have the effect of promoting the collective food and drug administration, the securities possible reasons. And this, in turn, puts you bargaining process sooner rather than later. market, the licensing of radio and television in the best position to see it through to the Frequently, the public gains its impres- stations, labor-management relations (with end with a measure of serenity that comes sions of lawyers and law from such high visi- which my agency is concerned) and trade when you have expended your very best ef- bility cases and from exposure through tele- practices are all part of the Roosevelt New fort despite setbacks and criticisms you may vision rather than books. I can tell you that Deal legacy which few would disavow in toto. endure in the process. another factor stimulating my interest in It should not be forgotten that all three As President Lincoln said: the law was watching the McCarthy-Army branches of federal government took the ‘‘If I were to try to read, much less answer, hearings in the spring of 1954, that fateful lead in the fight against racial discrimina- all the attacks made on me, this shop might spring when Brown was decided. The hear- tion and other forms of arbitrary treatment. as well be closed for any other business. I do ings focused upon the Wisconsin Senator’s And as Judge (now Counsel to the President) the very best I know how—the very best I investigation of alleged Communist infiltra- Abner Mikva has noted: ‘‘The history of the can and I mean to keep doing so until the tion of Ft. Monmouth, New Jersey, where my growth of the franchise is a shining example end. If the end brings me out all right, what father worked. Because of ideological of why we needed . . . [the] federal ap- is said against me won’t amount to any- hysteria, ‘‘guilt’’ by association and rank proach.’’ thing. If the end brings me out wrong, ten anti-Semitism, many of our closest friends Today, the challenge of public service in angels swearing I was right would make no were dismissed—and, indeed, I feared that Washington has never been more exciting or difference.’’ this would be my father’s fate, particularly inspirational. As I have indicated, President You graduate from a distinguished institu- because of his announced sympathy for Paul Clinton’s National Public Service echoes tion in the most exciting political period Robeson, a hero to so many black people of anew the similar initiatives undertaken by since the reforms undertaken by the Admin- his generation. both Roosevelt and Kennedy. istration of the 1960s. I hope that some of Later I had the opportunity to attend the I urge you to think of the government as a you will be attracted to public service and so-called Watkins Hearings in the following career in which you can use your legal expe- help advance our society through the rule of September in Washington which ultimately rience in pursuit of the public interest. That law. led to MaCarthy’s censure. Ft. Monmouth does not mean that you have to be a Wash- As you embark upon the excitement of a and the McCarthy-Army hearings dem- ington or ‘‘inside the Beltway’’ careerist, al- new career and challenges in the days ahead, onstrated how excessive government author- though that is another way in which to make I wish you all good luck and success on ity can trample upon individual civil lib- a contribution. Many of you may choose to whatever path you choose.∑ erties—and the aftermath of the Watkins serve in your communities throughout the f Hearings redeemed our country’s constitu- country and, at a point where your career is tional protection of individual rights of be- well-developed, elect to serve through an ap- ROBERT P. URIBE lief and association. pointment such as mine. ∑ Mr. LEVIN. Mr. President, I would Since then, I think that televised Congres- In particular, if you accept such an ap- like to recognize the lifetime achieve- sional hearings, the Watergate hearings for pointment consisting of a limited term (in ments of Robert P. Uribe. On June 30, instance, have contributed to the public’s the case of the Board five years), I hope that understanding about the rule of law and its you will keep in mind President (then-Sen- 1995, he will retire from his counseling relationship to the preservation of this Re- ator) Kennedy’s characterization of eight position at the First Ward Community public’s principles. Though, regrettably less law makers who were the subject of this Center where he has worked for 27 conclusive, it may be that the Iran-Contra book, ‘‘Profiles in Courage.’’ Said the junior years. He has served the Saginaw com- hearings of 1988 and the Hill-Thomas hear- Senator from Massachusetts: munity in a wide variety of volunteer ings of October 1991 performed a similar ‘‘His desire to win or maintain a reputa- positions and is a respected leader in function in that the assumption underlying tion for integrity and courage were stronger the Hispanic community. both proceedings was that government, like than his desire to maintain his office . . . his As a counselor, Mr. Uribe has as- conscience, his personal standards of ethics, private individuals, must adhere sisted countless members of the Sagi- unwaveringly to the rule of law. his integrity or morality . . . were stronger Again, this is to be contrasted with the than the pressures of public disapproval.’’ naw community with their medical, fi- spectacle of law as show business on tele- This is a particularly vexatious problem nancial, literacy, and other social vision. In my state of California, the O.J. for those who are appointed and not elected needs. His list of volunteer service is Simpson trial has treated the nation to an because of the inevitable and appropriate long and impressive. episodic soap opera which appears to be more subordination of appointees—even in the Mr. Uribe has served as chairman of about the business of the money chase than arena of independent regulation—to the peo- the Saginaw Latin American Move- the real substance of law and the legal pro- ple’s elected representatives. My own view ment, vice chairman of the Saginaw on serving in Washington is to do the very fession. As Attorney General Janet Reno Social Service Club, chairman of the said about the trial: best you can to implement the public inter- ‘‘I’m just amazed at the number of people est in the time allotted in your term, with Police Community Relations Commis- who are watching it. If we put as much en- the expectation that you will return to your sion, and commander of the American ergy into watching the O.J. Simpson trial in community, reestablish your roots and feel Legion Post 213. He has been a board America . . . into other issues as Americans satisfied that you have—to paraphrase Presi- member of the Spanish Speaking Cen- seem to have done in watching the trial, we dent Kennedy—done your duty notwith- ter Federal Program, a member of the might be further down the road.’’ standing some of the immediate ‘‘pressures Michigan Governors Wage Deviation A recent Los Angeles Times Mirror poll re- of public disapproval.’’ Board, a member of the Equal Edu- ported by Peter Jennings last month re- While I consider the term limits issue to be vealed that only 45 percent of adults sur- an entirely different proposition—the people cation Advisory Committee, the Advi- veyed said that they had read a newspaper ought always to be able to freely choose sory Council on Migrant Housing, the the previous day, and a quarter of those re- their elected leaders amongst the widest pos- Saginaw County Drug Abuse Council, sponding said they spent so much time sible number of candidates—my view is that and several affirmative action pro- watching the Simpson trial that they did not the proper standard for those who are subor- grams. Currently, Mr. Uribe is a mem- have time for the rest of the news. At best, dinate to such leaders is that attributed to ber of the GM Hispanic leadership the siren song of sensationalism is a distrac- Cincinnatus, the Roman general and states- group, the Saginaw Economic Develop- tion—and, at worst, it reinforces excessively man of the fifth century, who upon discharg- ment Corp. and the screening commit- negative perceptions of law and lawyers. ing his public duty, returned to his commu- My hope is that many of you will dedicate nity rather than taking the opportunity to tee for housing of the Saginaw Housing yourselves as lawyers or in other careers to seize power and perpetuate himself in office. Commission. a concern for the public good. Now, when The independence of administrative agen- Mr. Uribe has selflessly served the Oklahoma City has made it clear that the cies might be enhanced by legislation limit- Saginaw community for three decades. June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8625 His volunteer efforts are a model for rate of $500 million a year, and combined nomic, and the answer is political: BPA rates his fellow citizens. Please join me in with the effects of drought and lost revenues have become noncompetitive, and turning saying thank you to a man who has due to releases to flush fish, shoved BPA around the situation requires congressional truly made a difference, Mr. Robert rates up near or beyond the point of decisions to change the ground rules. noncompetitiveness, and raised the question If BPA’s rates are not competitive, Uribe.∑ for some preference customers as to whether consumer-owned electric systems in the Pa- f federal power is the best buy. cific Northwest will increasingly turn to 3. Federal court interpretations of the En- other less expensive sources of wholesale THE SERVICE OF LARRY HOBART dangered Species Act reinforced the rigid na- power. As the bulk power supply market ex- Mr. HATFIELD. Mr. President, I ture of that statute, and suggested that pands with open access transmission, the op- portunities for ‘‘shopping’’ the market will thank my colleagues for this oppor- there is no way short of an amendment by Congress that will prevent the imposition of become greater, intensifying interest in sup- tunity to recognize the longstanding an open-ended expense on power users that pliers other than BPA. Loss of load will service of Mr. Larry Hobart, the execu- could ultimately price BPA power right out leave BPA with the same fixed costs but tive director of the American Public of the market and leave taxpayers to swal- fewer customers to share the burden. Even Power Association. Mr. Hobard joined low an $8 billion investment. higher rates could result, giving other sys- the APPA 35 years ago. Today, he is 4. Provisions of the Pacific Northwest tems a reason to depart. The dismal reading recognized nationally as an innovator Electric Power Planning and Conservation is a ‘‘death spiral’’ in which BPA collapses Act passed by Congress and signed by Presi- like the pull of gravity into a black hole. and broker of solutions to complex BPA is taking the business steps that any problems in the public power industry. dent Carter 15 years ago began to look in- creasingly obsolete because regional plan- such threatened institution is expected to I have come to know Mr. Hobart ning has been eroded by individual utility initiate in similar circumstances. It has through our work together to address purchases in a competitive bulk power sup- backed away from a number of deals where issues facing public power generally ply market, environmental demands placed power costs loomed larger than market and Bonneville Power Administration on the federal power system have escalated prices at the margin, including a unit at in my home State of Oregon in particu- costs, demand-side management approaches McNary Dam, a gas-fired generating plant to lar. Mr. Hobart has never failed to are now focused more on cost-effectiveness be built by an IPP, and purchase of power bring constructive expertise to the and customer information, and renewable re- from the province of British Columbia. It is seeking to control and cut costs, it is reduc- table in our efforts to resolve dif- sources must meet the economic test of gas- fired generation. ing personnel, it is restructuring to stream- ferences among parties. I have valued 5. Global competition for sales of goods and line operations, it is scaling back trans- tremendously the knowledge, creativ- services in international markets caused in- mission line construction and improvements, ity, and experience he contributes to dustries and businesses to engage in continu- it is emphasizing customer relations, and it the process. ing rounds of down-sizing and cost-cutting; is promoting packages of power at prices it In addition to his work in the power electric bills—even for firms that are not hopes will hold in place existing markets. industry, Mr. Hobart serves as vice considered energy-intensive—became impor- But the job is a tough one. BPA must deal president and a member of the board of tant expense items, and for some utilities, with a significant body of statutory law that dictates how it operates, including 42 pages directors of the Consumer Federation the principle for structuring rates for big users became ‘‘whatever it takes to keep the of dense language contained in the Pacific of America, the largest consumer orga- consumer.’’ Retail competition became a re- Northwest Electric Power Planning and Con- nization in the United States. ality across the nation. Failure to meet the servation Act. BPA must follow federal per- I was sorry to learn that Larry will challenge can now mean loss of industrial sonnel practices, and accept the dictates of be retiring from the American Public customers or even loss of the franchise. policymakers in the Department of Energy, Power Association. I know I am joined 6. And lastly, the Republicans took control the Office of Management and Budget, and by many other members of this body in of the U.S. Senate and House of Representa- the White House. It has looked at restructur- expressing regret at his departure but tives. The Pacific Northwest has nine new ing itself as a federal corporation, but the Office of Management and Budget and some great thanks for his many valuable U.S. Representatives. Tom Foley is gone as Speaker of the House, but seniority still members of Congress simply see such a solu- contributions to the legislative process gives your region important Republican rep- tion as the first step toward privatization. on behalf of public power. resentation. Mark Hatfield is chairman of BPA is the target of plenty of advice within I appreciate this chance to share the Senate Appropriations Committee, Bob the region from the regional council ap- with my colleagues a speech Hobart Packwood heads the Senate Finance Com- pointed by four governors, the press, and in- gave on a recent trip to the Northwest. mittee, Frank Murkowski chairs the Senate terest groups of all kinds. His remarks demonstrate a comprehen- Energy and Natural Resources Committee, But right now, the overriding fact about sive grasp of the complex energy and Ted Stevens controls the Senate Rules and BPA economics is its open-ended obligation to pay for salmon survival. While the ex- natural resource issues facing the Pa- Administration Committee, and Don Young leads the House Natural Resources Commit- penditures posted or postulated have pro- cific Northwest that only decades of tee. duced questionable results in terms of fish, active involvement and much thought- Republicans attempted to ‘‘nationalize’’ is- the one sure thing is that they represent the ful consideration can provide. I ask sues in the campaign, running on a ‘‘con- marginal measure of BPA’s economic trou- that it be printed in the RECORD. tract with America’’ that stressed a balanced ble. If these costs are not capped and cut The speech follows: budget, tax cuts, and a build-up of national back, their continued escalation poses the federal equivalency of bankruptcy with the UPDATE FROM YOUR CHANGING NATION’S defenses. Meeting these goals will call for loss of a source of revenue to repay taxpayer CAPITOL some form of new ‘‘revenues,’’ which cur- rently includes sale of four federal power investment, the elimination of monies that (By Larry Hobart) marketing agencies—the Alaska Power Ad- might be employed to preserve fish under a A lot of things have changed for public ministration, the Western Area Power Ad- practical program, and the disappearance of power in the past few years. Let me tick off ministration, the Southwestern Power Ad- the regional asset at a ‘‘going out of busi- six of them of importance to the Pacific ministration, and the Southeastern Power ness’’ sale. Northwest: Administration. What’s the answer? The answer is congres- 1. The Energy Policy Act of 1992 was passed This morning I want to talk to you about sional legislation, either through amend- by Congress. Now the Federal Energy Regu- some questions I think you must consider in ment of the Endangered Species Act or a spe- latory Commission can order any transmit- the face of these facts as you plan the future cific statute limiting BPA’s financial respon- ting utility, including Bonneville Power Ad- of public power in the Pacific Northwest. sibility to an amount that allows it to price ministration under certain circumstances, to How can we avoid flushing down the river power at levels that permit a competitive re- provide transmission services for any en- North America’s greatest renewable energy sponse to current conditions. tity—utility or non-utility—generating elec- resource—the Bonneville Power Administra- Is this a special subsidy for BPA? No way! tricity for sale for resale inside or outside of tion? What is happening is that federal fish fig- the region. FERC decisions encourage net- Who is responsible for saving the system? ures, activist jurists, and environmental work access, comparability in pricing, and What steps need to be taken now? groups are force-feeding BPA with experi- creation of Regional Transmission Groups. A Why should we worry about it? mental programs and giving no consider- more competitive bulk power supply market We face a different situation than we con- ation to the costs versus the benefits. has developed with bidding pitting utilities fronted last year. Last year, the problem was Let’s get real about this matter. Saving against independent power producers against political and the answer was economic: BPA salmon with the methodology now in place is IOU subsidiaries against federal power mar- critics charged that historically low interest going to result in no money for repayment or keting agencies. rates constitute a subsidy, and BPA support- fish. Randy Hardy said it right in testimony 2. Because of federal requirements, the ers responded with a scheme to restructure before a congressional committee earlier price of salmon protection rose to an annual repayment. This year, the problem is eco- this year. ‘‘In today’s competitive utility S 8626 CONGRESSIONAL RECORD — SENATE June 19, 1995 marketplace, Bonneville must first succeed and fish recovery plans. There is no require- erential.’’ Administrative procedures for re- as a business if it is to serve its wide-ranging ment in law or contract that public power questing transmission services from BPA are regional mission and meet its federal respon- systems and rural electric cooperatives outlined in the law, and BPA cannot be re- sibilities,’’ he said. ‘‘Without revenues from make payments of this type, and to do so quired to provide transmission service ‘‘if the power side, it will be difficult, if not im- would be detrimental to the interests of such order would impair the Administra- possible, to continue to fund the region’s their consumers. To the extent that the tion’s ability to provide such transmission fish, wildlife, conservation and renewables charges equaled the differential between services to the Administrator’s power and programs.’’ BPA prices and that of other suppliers, com- transmission customers in the Pacific North- If the situation were not serious, it might petition in the bulk power supply market west.’’ be viewed as silly. The Direct Service Indus- would be diminished. BPA is defined under the National Energy tries reported recently that under the En- A ‘‘wires charge’’ is totally inequitable be- Policy Act as a ‘‘transmitting utility’’ be- dangered Species Act, at least 214 West Coast cause it arbitrarily moves the cost of invest- cause it ‘‘owns or operates electric power salmon subspecies are potential candidates ment in generation—the principal element of transmission facilities which are used for the for ESA listing, even though they were mem- ‘‘stranded investment’’—and renames it sale of electricity at wholesale.’’ bers of four healthy species of salmon. ‘‘The ‘‘transmission.’’ Furthermore, doing so is It’s important to understand what FERC is listing of just three of those 214 subspecies tantamount to creating a tying arrangement doing in the area of transmission. has already created regional economic un- illegal under the antitrust laws. The Commission has issued a major pro- rest and a greater than $500 million per year Use of a ‘‘competitive transition’’ assess- posed rule on this issue. recovery price tag.’’ The recently released ment punishes customers for a condition Under the proposal, IOUs are required to National Marine Fisheries Service Snake they did not create—the advent of a more file generic nondiscriminatory open access River Salmon Recovery Plan suggests that competitive market driven by open access transmission tariffs that will assure ‘‘com- doubling the 2,000 adult wild salmon now re- transmission, surplus capacity among utili- parability’’ between use of transmission sys- turning to the Snake to spawn could cost ties, and the development of gas turbine gen- tems by the transmitting utility and third $300,000 a fish—assuming the plan works and eration with short lead-times, high effi- party transmission customers. that BPA can generate the money to finance ciencies, and low costs. The arrival of this The tariffs would functionally ‘‘unbundle’’ the plan. competitive market is not a surprise—the wholesale transmission from wholesale bulk Where is the money to come from? If power trend has been evident for years—and where power sales. users decline to pay higher prices to BPA consumer-owned electric utilities choose to Each utility must have a tariff for network than those charged by competitors, will fish exercise their contractual options to switch service, and for firm point-to-point service, interests cough up the cash? The navigators? or supplement a supplier to decrease including the necessary ancillary services. The irrigators? The flood control bene- consumer costs, they should not be penalized The tariffs would include a duty to expand ficiaries? Federal taxpayers? In the current for doing so. transmission capacity where necessary, and federal budgetary environment, is the U.S. As APPA told FERC recently, the imposi- reassignment rights for firm point-to-point Treasury likely to spawn money for salmon tion of stranded cost payments—be they service. eggs? Not likely. ‘‘wires’’ or transition’’ fees—would have Firm service requests would have the same Power users cannot be forced to make elec- anticompetitive effects in the marketplace priority as new transmission service for the tricity choices that are not in the interests because they: utility’s native load. of their consumers. erect artificial restrictions on new entry Utilities must also make available to po- The Pacific Northwest Electric Power for alternative suppliers and trades; tential transmission users the same elec- Planning and Conservation Act, enacted De- discriminatorily favor individual en- tronic network information they use for cember 5, 1980, declares ‘‘that Congress in- trenched suppliers and their shareholders; their own transmission activities. tends that this Act not be construed to limit give that entrenched competitive a paid-off All transmission tariffs will contain a reci- or restrict the ability of customers to take asset with which to punish rivals; procity clause. actions in accordance with other applicable distort relative transmission prices if With respect to ‘‘stranded investment,’’ provisions of Federal or State law, including, charges are placed there; FERC postulates two situations: but not limited to, actions to plan, develop, reduce electricity consumption to 1. Wholesale contracts executed after July and operate resources and to achieve con- suboptimal levels and distort the investment 11, 1994, would be subject to recovery only if servation, without regard to this Act.’’ of electricity-using industries into more specifically provided for under contract. ‘‘Cost-effective’’ is defined by the Act to labor-intensive technologies; and 2. For existing wholesale requirements cus- mean handling of the needs ‘‘of the consum- slow the diffusion of new technology. tomers, IOUs may seek recovery of stranded ers of the customers at an estimated incre- Exit fee proposals skirt the real issue. The costs through transmission rates if (a) the mental system cost no greater than that of real issue is maintaining a competitive price contracts do not explicity address such re- the least-cost similarly reliable and avail- for BPA power. covery, and (b) the utility can show it had ‘‘a able alternative measure or resource, or any ‘‘Exit fees’’ are a solution advocated where reasonable expectation’’ of continued service combination thereof.’’ Put differently, if monopolists wish to preserve the status quo to the customer beyond expiration of the consumers of public power systems and rural by enforcing their will; BPA has no legal or contract term. There is a rebuttal presump- electric cooperatives would benefit from less economic power to implement this approach. tion that if contracts contain notice provi- expensive purchases made elsewhere, that Furthermore, it is completely contrary to sions, the utility had no reasonable expecta- would be the ‘‘cost-effective’’ decision. the thrust of the National Energy Policy Act tion of continuing to serve the customer be- What is happening in the wholesale bulk passed by Congress in 1992 and now being yond the notice period. power segment of the electric industry is carried out by the Federal Energy Regu- The IOU must attempt to ‘‘mitigate’’ that it is undergoing a fundamental trans- latory Commission. The likelihood that, at stranded investment, by absorbing, market- formation from a monopolistic segment of this juncture, Congress would decide to cir- ing or selling it, over a reasonable period of the economy, regulated on a cost-of-service cumvent that law and write into statute a time, and the customer must be given ad- basis, to an open access, competitively special deal for BPA is virtually nil. vance notice of the maximum charge if no priced, commodity-oriented activity. Com- There is no apparent authority for BPA to mitigation occurs. petition has created within regions a ‘‘mar- assess an ‘‘exit fee.’’ While BPA’s rates are FERC’s proposal provides that utilities ket clearing’’ price—a charge that represents subject to ‘‘confirmation and approval’’ by that are not private power companies but are the lowest marginal rate within a marketing FERC that they are sufficient to assure re- ‘‘transmitting utilities’’ can file a request to area. This can cause ‘‘stranded invest- payment of the Federal investment over a recover stranded investment under sections ment’’—that portion of the cost of a utility’s reasonable number of years and are based on of the Federal Power Act dealing with trans- facilities that is more expensive than the total system costs, this authority is unlikely mission. However, they would be required to market price of electricity will support. to mean that ‘‘stranded investment’’ can be make the same evidentiary demonstration Who bears the cost if customers switch? encompassed. If the issue comes to a head at that is required of private power companies Here are the four possibilities: the Commission, it is perhaps more likely to seeking extra-contractual stranded invest- Write it down against utility shareholder result from application of the FERC’s regu- ment cost recovery. equity lations dealing that transmission. In April, Senator Mark Hatfield of Oregon Charge to remaining customers through The Energy Policy Act of 1992 specifies held a hearing on BPA problems. I think rates that FERC has the authority to ‘‘order the some of the material presented by public Levy a ‘‘wires charge’’ by moving the in- Administrator of the Bonneville Power Ad- power is significant. Here are some pertinent vestment to transmission ministration to provide transmission service parts: Create a ‘‘competitive transition’’ assess- and establish the terms and conditions of While debt of the Washington Public Power ment such service.’’ While provisions of ‘‘otherwise Supply System is controlled and is actually Some non-power interests are arguing that applicable Federal laws’’ continue in full declining due to refinancing and other cost if consumer-owned electric utilities diminish force and effect, FERC is charged with deter- control measures, making it a predictable their take from BPA, they must pay an ‘‘exit mining that ‘‘no rate for transmission of and certain future customer obligation, fish fee’’ to cover costs of WPPSS #2, renewable power on the system shall be unjust, unrea- costs are uncontrolled and escalating. Since energy resources, conservation programs, sonable, or unduly discriminatory or pref- 1990, the annual fish cost (both capital and June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8627 revenue expenditures) have more than dou- It is important to understand a change in Aberdeen community has rallied be- bled and continue to increase each year. relationships that has taken place in the Pa- hind the effort to return pro baseball Forty percent of BPA’s fish and wildlife cific Northwest in recent years. to the area. The Pheasants are the talk A long-term paternalistic resource plan- costs are for the direct cost of the program, of the town. Friday’s home opener was while 60 percent of the cost of the program is ning and acquisition role for BPA is no longer sustainable in an era where planning very well attended. Knowing the enthu- attributable to the cost of power purchases siasm for baseball in the area, I am to meet flow requirements and revenues fore- horizons have shortened to five years and gone because of spill or altered hydro avail- there are literally scores of potential suppli- sure fan support will remain strong ability. Fish and wildlife costs are 19 percent ers, some with offerings that cost only 1⁄2 of throughout the season. of EPA’s total costs. Bonneville’s current rates. The 1995 Pheasants are the latest Technology choices have changed. Gas- Reducing the generating capability for the chapter in the long and proud history fired combustion turbines can be ordered and Columbia River Hydro System is not a of Aberdeen professional baseball. The brought on-line in less than a year, supply- stranded investment subject to an exit fee city had a class D baseball team in the ing power with efficiencies of up to 60 per- concept. It is a change of water use by the cent and prices lower than new hydro. 1920 South Dakota League and from federal government which should be subject The partnership of BPA and preference 1921 to 1923 in the reorganized Dakota to a recalculation of the repayment obliga- customers cannot be the same when federal League. In 1946, the Aberdeen Pheas- tion. Transmission under the 1992 changes in power costs more than purchases from IOUs. ants joined the old Northern League as the Energy Policy Act is a common carrier Consumer-owned utilities have made pay- a farm team for the Baltimore Orioles which should not be subject to external costs ments to BPA over five decades and have not related to construction and operation of and remained in the Northern League built up the significant equity in the system. until the entire league collapsed after transmission services. They have a continuing interest in protect- BPA’s resource base is 12,000 MW of in- ing and enhancing that investment, but like the 1971 season. stalled, renewable and low-cost hydro. The BPA, they must adjust to a world where During this 25-year period, as many advantage of purchasing power long-term competitive bidding has replaced sole source as 40 Pheasant players went on to play from BPA is that it gives a utility access to suppliers. in the Major Leagues. Among the nota- this federal hydroelectric system, which is BPA will have a more limited role in pro- ble Pheasant alumni were Hall of Fame insulated from changes in energy costs due viding load growth services to its customers. pitcher Jim Palmer; Don Larson, who to changes in fuel prices. Gas prices and the In the future, this will more likely be the pitched a perfect game in the 1956 price of alternate suppliers will not stay low province of utilities, acting alone or in con- World Series; 1958 Cy Young winner forever while BPA;s costs will decline as the cert to diversify supply and reduce risk. Supply System debt is paid off. This is rea- You have your responsibility to your user- Bob Turley and New York Yankee all- son to believe that the BPA will continue to owners. BPA has its responsibility to tax- star player Lou Piniella. In addition, provide cost-effective electricity in the fu- payers. But both of you benefit from working Cal Ripken, Sr., managed the Pheas- ture. A long-term contract with BPA lessens together. And that effort needs to take place ants prior to assuming the same duties the amount of decision-making on power now.∑ for the Baltimore Orioles. I am con- supply that a utility needs to make. This f fident present Pheasants manager Bob creates a sense of ‘‘one-stop shopping’’ ver- Flori, assistant Coach Joe Calfapietra, sus being an active participant in the mar- THE 1995 ABERDEEN PHEASANTS and their crew of young, talented play- ket place. If BPA;s one environmental exter- nality (fish and wildlife concerns) can be ad- Mr. PRESSLER. Mr. President, when ers will carry on the great traditions dressed in an economically sustainable fash- I was growing up, professional baseball established by these players. Mr. Presi- ion, this system looks very good for a very flourished in South Dakota. I remem- dent, I ask unanimous consent to place long time. ber many games from the now-defunct in the RECORD the team roster of the BPA’s future is not the only issue before Basin League. Those teams stimulated 1995 Aberdeen Pheasants at the conclu- Congress of interest to public power in the and nurtured my love of America’s sion of my remarks. Pacific Northwest. For instance, Senator greatest pastime. Therefore, as a life- Mr. President, on behalf of the people Slade Gorton of Washington is circulating a long baseball fan, I am very pleased to of South Dakota, I want to welcome discussion draft of legislation to remove the announce that professional baseball back the Pheasants to Aberdeen and public power exemption from regulation of has returned to Aberdeen, SD, after a wish them the best of luck in their in- pole attachments by the Federal Commu- nications Commission. If his proposal were 24-year hiatus. augural season. Gentlemen, play ball! enacted into law as part of the telecommuni- Last Friday night, June 16, the Aber- f cations legislation pending in the Senate, deen Pheasants won their home opener FCC staff in Washington would decide what at Fossum Field against Saskatche- TRIBUTE TO HELEN COLE you could charge for use of your facilities wan’s Regina Cyclones, 7–3. Since open- ∑ Mr. ROCKEFELLER. Mr. President, I and rights-of-way. ing their 71 game season on the road on wish to recognize an outstanding As many of you know, earlier this month, June 9 against Manitoba’s Brandon woman whose hard work and dedica- the House of Representatives, by a vote of Greyowls, the Pheasants have played tion have touched the lives of many in- 309–100, approved an amendment to the Clean brilliantly, winning eight of their first dividuals. Indeed, it is rare to discover Water Act that affirms the Federal Energy nine games. They are tied for the lead a character so willing to offer one’s tal- Regulatory Commission’s proper role as a final arbiter over hydro-project licensing in their division. I am confident the ents solely to serve and improve the cases where Section 401 conditions conflict team’s early success is an indication of lives of others. with FERC’s responsibilities under the Fed- great seasons and thrilling action in Thus, I would like to take this time eral Power Act. The people who helped make the months and years ahead. to express appreciation for an extraor- that happen include Representative Randy The 1995 Aberdeen Pheasants are part dinary citizen of Nicholas County, Tate and Representative Norm Dicks of of the newly formed Prairie League, an Summersville, WV, Helen Cole. Re- Washington and Representative Helen eight-team independent professional cently, Helen was honored at the Chenoweth of Idaho. The focus now shifts to baseball league consisting of four Muddlety-Glade Creek Ruritan Club the Senate, where we again need to explain American and four Canadian teams. where she received numerous awards, the need for a final decision-maker to re- solve federal-state disputes. The Pheasants’ ownership committee including the prestigious Clara Barton But Bonneville is the big issue. I think the has a distinct local flavor consisting of Award, which is known to be the high- stakes are large and immediate. If the hem- 20 Aberdeen residents. The committee’s est award given to volunteer workers. orrhaging of water and money cannot be executive leadership consists of Jeff Currently, Helen is employed by Love, stopped, the agency is not a viable institu- Sveen, Dr. Scott Barry, and Keith Inc., where she helps counsel financial tion. It is unlikely that federal taxpayers Kusler will work closely with Arthur management. will subsidize the operation, and it is unrea- Bright, the vice president of operations Helen, born in Ansted, WV, located in sonable to expect Northwest electricity con- and Rich Bosma, the team’s general Fayette County, has been a lifelong sumers to pay more than the going price for manager. I congratulate them and the resident of West Virginia. Helen has re- power. If the worst happens, Congress is like- ceived a bachelor of science degree in ly to endorse an asset sale of a failing busi- entire ownership committee for bring- ness. That shouldn’t happen, and it doesn’t ing baseball back to Aberdeen, and for home economics as well as a master’s need to happen. But your involvement in their team’s early success this year. degree in extension education. In time, preventing it from happening is the essential Mr. President, I also am proud, she became employed by WVU and ingredient. though not surprised, how the entire USDA extension agents in Nicholas S 8628 CONGRESSIONAL RECORD — SENATE June 19, 1995 County, where she taught home eco- recess. In it, he discussed a number of waste. Yucca Mountain, by most indi- nomics in the field and in the home. In policy options to be employed for in- cations, is the logical choice. addition, Helen conducted radio edu- terim storage. Hanford, WA, and Sa- As the Senator from Alaska empha- cational programs in Nicholas and Fay- vannah River, SC were two sites he sized in his statement, both an interim ette Counties and performed ‘‘Friends mentioned as possible interim storage storage site and transportation system and Neighbors,’’ an educational tele- facilities for civilian spent nuclear at Yucca Mountain must be developed. vision program. Furthermore, Helen fuel. If it is the intention of the Federal assisted as eastern regional director for Located in the southeastern part of Government to send waste to Yucca the National Home Demonstration Washington State, the Hanford Res- Mountain eventually, why not send the Agents Association [HDAA], and also ervation is home to over 80 percent of spent fuel there temporarily, until the served as State president of the West the Nation’s spent plutonium fuel— permanent depository is ready? It is re- Virginia chapter of HDAA. 2,132 metric tons by Senator MURKOW- mote, arid, and has had a mission of However, Helen’s true colors are re- SKI’s count. The most potent of that testing nuclear devices for over 40 vealed through her in-depth involve- waste sits hundreds of yards from the years. And perhaps most important, by ment with the Nicholas County chapter Columbia River in 50-year-old concrete placing a temporary facility at Yucca of the American Red Cross. In the past, pools. These pools are not sophisti- Mountain, transporting this deadly Helen has been a Red Cross volunteer cated and certainly not designed to material across the Nation is limited for many years and has primarily been store some of the deadliest materials to one voyage. responsible for locating volunteers to produced by man. My intent today is not to solve the manage crucial programs, such as Hanford faces a particularly difficult interim storage problems that the Na- blood services, first aid and CPR edu- situation. This year the site has in- tion faces with its growing stockpile of cational programs, service to military curred serious criticism for the waste spent civilian nuclear fuel. I do, how- families, and disaster relief assistance. and inefficiencies that have become as- ever, want to point out an inconsist- From 1976 to 1981, Helen served as the sociated with Hanford cleanup. Much of ency this Congress is contemplating: volunteer executive secretary of the this criticism is well deserved. Some, Cleaning Hanford while simultaneously American Red Cross. In December 1980, however, is off-base and ignorant of the adding more waste begs common sense. Helen retired after 34 years of teaching monumental task at hand. Hanford has And I urge my colleagues to keep this home economics to extension home- a mission—it is to follow through on in mind in their deliberations.∑ makers and soon after accepted the the noble and worthy effort this Gov- f dual positions of full-time chapter ernment undertook to win World War managers and treasurer. II. The site must be cleaned—that is THE FOSTER NOMINATION Although Helen recently retired in the task at hand. December 1994 from her office of chap- ∑ Mrs. BOXER. Mr. President, I rise ter manager of the American Red Cross Adding more waste to Hanford, as I today to renew my call for the major- in Summersville, she still remains in- have said before, makes little sense. As ity leader to schedule a vote on the volved in various volunteer activities the chairman of the Energy Commit- nomination of Dr. Foster to be Surgeon in addition to her employment by tee, Senator MURKOWSKI has joined the General of the United States. The Sen- Love, Inc. For example, Helen contin- ranking member, Senator JOHNSTON in ate has had ample time to review Dr. ues to volunteer at the Nicholas Coun- introducing a bill that, I fear, would Foster’s record since his nomination ty chapter of the American Red Cross, impede ongoing cleanup efforts at the was sent to us in February—over 3 where she holds the position of execu- site. So it is puzzling, when my friend months ago. It is time to take the next tive secretary and is a member of the suggests Hanford can barely tie its own step and vote. We should not keep Dr. board of directors. Also, she occasion- shoes, but in the next breath, he says Foster or our Nation waiting. ally still teaches classes through pro- the site should be burdened with mas- America needs a strong and experi- grams under the WVU extension serv- sive amounts of additional waste. enced voice on public health issues. ice concerning lesson leader training. There is a disconnect. I believe Han- Historically, the Surgeon General has Helen, since 1981, has volunteered with ford’s mission is to focus on cleanup. always played that role. In the 1930’s the Food Pantry of the Summersville So let me be clear: Shipping spent ci- the Surgeon General launched a cam- Ministerial Association, where she or- vilian nuclear fuel to Hanford sets a paign to educate the public on the dan- ganizes food supplies for the pantry. dangerous, and perhaps irrevocable, gers of venereal disease. In the 1960’s Furthermore, Helen reviews applica- precedent. And unfortunately, despite the challenge facing the Surgeon Gen- tions for emergency assistance at the Senator MURKOWSKI’s assurances to the eral was smoking; in the 1980’s it was Federal Emergency Management Agen- contrary, when dealing with waste that AIDS; today, the challenge is teen cy program in Summersville. Also, has a half-life of thousands of years, pregnancy, tuberculosis, and disease since 1942, Helen has been a Sunday ‘‘interim’’ takes on an entirely new prevention. school teacher and continues to teach meaning. I am confident that Dr. Foster has an adult women’s class at Memorial Senator MURKOWSKI, fortunately, un- what it takes to make his mark in his- United Methodist Church in addition to derstands there is considerable room tory and to lead us in working on the a weekly Bible study class. for debate on this issue. He is abso- many public health issues that we face. Helen Cole’s accomplishments de- lutely right to point out the problems So do many of my colleagues in this serve notice and praise. Her enthu- the country faces in light of the im- Chamber. Let’s remember that Dr. Fos- siasm and concern for humankind pro- pending spent fuel storage crisis. I also ter’s nomination was favorably re- vide a model we should all strive to fol- sympathize with the Senator from ported out by the Senate Labor and low.∑ Alaska’s frustration at both DOE and Human Resources Committee on a 9–7 vote. f the President’s lack of progress at Yucca Mountain. As he correctly notes, There should be no delays and no TEMPORARY STORAGE OF CIVIL- over $4.2 billion has been spent on the more evasion of responsibility. It is IAN SPENT NUCLEAR FUEL AT Yucca Mountain project to date—with time for the full Senate to vote on Dr. THE HANFORD RESERVATION IN nothing to show for the effort. Foster’s nomination for the position of WASHINGTON STATE Rather than abandon this program Surgeon General.∑ ∑ Mr. GORTON. Mr. President, I wish altogether—which the House essen- f to discuss a serious and important tially does in its budget resolution this issue facing the Nation: Our growing year—does it not make more sense to THE INDEPENDENT COUNSEL ACT supply of civilian spent nuclear fuel push through and finish a project that ∑ Mr. SIMON. Mr. President, no politi- that has no home. My friend from Alas- has absorbed significant time and cian likes to admit that he made a mis- ka, Senator MURKOWSKI, submitted a money? Quite clearly, the United take in voting for any bill. But, in life statement for the RECORD before the States must build a long-term storage and politics, it is usually better to be Senate adjourned for the Memorial Day facility for its high-level nuclear right than to be consistent. June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8629 I voted for the Independent Counsel ics in Government Act in 1978, when a special The real pressures distorting prosecutors’ Act when it was enacted in 1978. And I prosecutor and his target have not been in judgment are the opposite of what reporters voted for it again—although with in- the news. Justifying the smallest details of a and good government editorialists perceive. creasing trepediation—when it was re- past transaction or decision has become part High officials are the most tempting targets of the job description for high executive of- for young prosecutors. Fame and glory (and authorized in subsequent years. But, as fice, always with the suggestion of public ultimately a lucrative private law practice) many have said, experience is the best scandal and personal ruin. come from handling cases in the headlines. instructor. And experience has dem- The progress of the manhunt is chronicled But what of the ‘‘appearance’’ of partial- onstrated to my eyes that the Inde- in the daily headlines (‘‘Investigation Moves ity? Surely a nonpartisan figure of great re- pendent Counsel Act is worse than the One Step Closer to the President’’), but the pute ensures, if nothing else, that the inves- disease it was meant to cure. I have titillating prospect of bringing down impor- tigation will be ‘‘above politics.’’ Two words come to the conclusion that it is time tant leaders is not a healthly sign. Instead of refute this claim: Lawrence Walsh. The Iran- purifying our governing institutions, special contra investigation proved the impossibil- for the Senate to reconsider—and per- prosecutors play into a pathology that ity of taking a politically sensitive case haps even eliminate—the office of the thrives on an appetite for scandal and a dis- ‘‘above politics.’’ Here we had a special pros- independent counsel. trust of our system of government. To be sure, the act was born of good The stakes were small in early independent ecutor of the president’s own party, with a long history of moderation and professional- intentions. It was designed to counter counsel investigations. Who cared whether Hamilton Jordan used cocaine at Studio 54? ism, a respected and independent figure with the conflict of interest—or at least the a lifetime of achievement in law practice and appearance of a conflict—that existed But the Reagan-Bush administration pro- vided an investigative feast: Did Michael public service. Surely, his conclusions would whenever a Federal prosecutor pursued Deaver, Lyn Nofziger or Ed Meese violate be respected by all. one of the President’s own officials. It conflict-of-interest rules? Did Samuel Pierce Hardly. When Judge Walsh began to con- was meant, in short, to ensure that preside over a corrupt housing department? clude the president’s men were crooks, he such investigations would be carried Did Iran-contra extend past North, was vilified by the president’s allies (spear- out solely with the public’s interest in Poindexter and McFarlane to the secretary headed by the Wall Street Journal) as politi- mind. of defense, perhaps even to Reagan and cally motivated and biased. Judge Walsh was Nonetheless, as Prof. Gerald Lynch of Bush? predictably defended as impartial by Demo- Cries for new independent investigations crats, but he was no more able to escape im- Columbia University argued in the have dogged the Clinton administration putations of bias than regular prosecutors Washington Post, the act has not put practically every month. This month it’s the would have been. Indeed, Judge Walsh be- to rest the charges of bias in politically secretary of commerce who gets his own spe- came a political symbol. tinged cases. Instead, what has become cial prosecutor. And why not Ira The Whitewater case provides an even painfully clear is that virtually any Magaziner—who knows whether he told the more extreme example of the elusive search suit against a major political player whole truth? Future occupants of the White for nonpartisan appearances. The original will involve charges of favoritism and House can expect the same. special prosecutor, Bob Fiske, another estab- As for actual law enforcement, however, it lishment lawyer with Republican credentials partisanship, whether or not an inde- has been slim pickings. Does anyone remem- pendent counsels is appointed. and a reputation for unimpeachable integ- ber Thomas Clines, the only Iran-contra fig- rity, drew criticism from Republicans when Even worse, says Professor Lynch, ure who went to jail? Deaver pleaded to the act has encouraged overzealous he did not seem impressed with the case minor charges, and Nofziger’s conviction was against Clinton. Fiske was then replaced on prosecutions: ‘‘Ordinarily, a prosecutor reversed. Meanwhile, a lot of apparently in- the impeccable logic of taint-by-association: must ask whether it is fair to treat this nocent people have been investigated inten- He was not quite ‘‘special’’ enough because sively for a long time. The anemic results case as a felony compared to others he had been appointed by Clinton’s attorney are obscured by all the noise and speculation where the defendant was not politically general. The New York Times, formerly a around new investigations, which consume vigorous proponent of that pristine logic, prominent. The special prosecutor has staggering amounts of taxpayer funds (about promptly noted the right-wing Republican no such concerns.’’ Three distinguished $10 million so far with Whitewater) and connections of the judge heading the panel Attorneys General—Edward Levi, Grif- whose primary effect is to divert our leaders that dumped Fiske, and attacked his replace- fin Bell, and William French Smith— from the task of governing. What, we might reasonably ask, is the ment, Ken Starr—another lawyer of high have made similar criticism, noting standing and great integrity—as a Repub- how the act ‘‘exacerbates all of the oc- point? Good government orthodoxy has it that lican hack. cupational hazards of a dedicated pros- ‘‘special’’ prosecutors are needed because the The lesson is clear: Partisan arguments in- ecutor: the danger of too narrow a regular Justice Department prosecutors, re- trude into all decisions involving the politi- focus, the loss of perspective of pre- porting to a politically appointed attorney cal arena. The intense spotlight of the spe- occupation with the pursuit of one al- general, can’t be relied on to prosecute the cial prosecutor does not illuminate so much leged suspect.’’ president’s cronies. Special prosecutors sup- as blind. In short, 20 years of experience have posedly ensure impartiality. In the ordinary case, the U.S. attorney has demonstrated that the cost of main- These premises, plausible enough on the to ask himself: Is it fair to treat this case as surface, happen to be backward. Deciding to a felony, as compared to how we treated taining the Independent Counsel Act prosecute is not a simple matter of finding far outweighs its benefits. It has aggra- other, similar cases where the defendant was that a law has been violated. It is a far more not politically prominent? The special pros- vated, rather then calmed, the prevail- subtle decision, made against the reliable ecutor has no such concerns. He has only one ing anti-Government mood that pre- backdrop of hundreds of other cases. Judg- investigation to pursue, and the unnatural vails in this Nation. As Gerald Lynch ment and discretion are at the heart of a intensity inevitably skews the decision. The concludes, ‘‘instead of purifying our prosecutor’s job. In a world in which regula- smallest infraction can take on a life of its governing institutions, special prosecu- tions are piled so high that many well-mean- own. ing people trip over them, prosecutors must In the words of three distinguished former tors play into a pathology that thrives decide every day whether a particular viola- on an appetite for scandal and a dis- tion is merely technical or is one that re- attorneys general—Edward H. Levi, Griffin trust of our system of government.’’ quires the awesome step of criminal prosecu- B. Bell and William French Smith—the inde- And that is perhaps the strongest rea- tion. Decisions to prosecute are inextricably pendent counsel only exacerbates ‘‘all the son of all to reconsider the wisdom and bound up in priorities—prosecutors regularly occupational hazards of a dedicated prosecu- allocate scarce resources to violent and drug tor: the danger of too narrow a focus, of the efficacy of the act in its current form. loss of perspective, of preoccupation with the I ask that the article by Prof. Gerald crimes at the expense of nonviolent white- collar cases—and necessarily draw on soci- pursuit of one alleged suspect.’’ Lynch be printed in the RECORD. ety’s norms and values. There may be disputes of constitutional The article follows: The premise that professional prosecutors dimesion—Watergate, perhaps—where the SPECIAL PROSECUTORS: WHAT’S THE POINT? will tend to favor the politically powerful is benefits of special counsel are worth the ac- (By Gerard E. Lynch and Philip K. Howard) also wrong. Ordinary assistant U.S. attor- companying diversion and disequilibrium. Just about everybody in the country was neys in Maryland brought down Spiro But in practically all other cases, the discre- focused on terrorism in Oklahoma, but the Agnew. Regular Justice Department employ- tion and balance found in our ordinary law president of the United States had other ees in New York indicated John Mitchell and enforcement system is far superior. And if pressing business: He was being questioned Maurice Stans. It was one of Rudy Giuliani’s the people believe that a president or an at- by independent counsel Kenneth Starr about assistants, not an ‘‘independent’’ prosecutor, torney general has distorted that system to Whitewater. who called sitting Attorney General Ed favor his friends, retribution at the hands of Nothing unusual there. In fact, there has Meese, his own boss, a ‘‘sleaze’’ in a prosecu- political enemies and media interests is hardly been a time, since passage of the Eth- tion of one of Meese’s closest friends. never far off.∑ S 8630 CONGRESSIONAL RECORD — SENATE June 19, 1995 AUTHORIZING REPRESENTATION the Senate may direct its counsel to rep- I will make and the remarks of Senator BY SENATE LEGAL COUNSEL resent committees, Members, officers, and BOND, who is on his way to the floor. employees of the Senate with respect to sub- Mr. DOLE. Mr. President, I ask unan- The PRESIDING OFFICER. Without poenas or orders issued to them in their offi- objection, it is so ordered. imous consent that the Senate proceed cial capacity: Now, therefore, be it to the immediate consideration of Sen- Resolved That the Senate Legal Counsel is f ate Resolution 136 submitted earlier directed to represent Senator Feinstein in THE NOMINATION OF DR. HENRY connection with the subpoena issued to her today by myself and Senator DASCHLE. FOSTER The PRESIDING OFFICER. The in these cases. Mr. DOLE. Mr. President, earlier clerk will report. f today I met with Dr. Henry Foster. At The bill clerk read as follows: ORDERS FOR TOMORROW our meeting we discussed a number of A resolution (S. Res. 136) to authorize rep- subjects, including the infamous resentation by Senate legal counsel. Mr. DOLE. Mr. President, I ask unan- imous consent that when the Senate Tuskegee syphilis study, the inconsist- The PRESIDING OFFICER. Is there ent statements from the White House objection to the immediate consider- completes its business today it stand in recess until the hour of 9:30 a.m. on and from Dr. Foster himself concerning ation of the resolution? the number of abortions Dr. Foster has There being no objection, the Senate Tuesday, June 20, 1995, that following the prayer the Journal of proceedings performed, and Dr. Foster’s role in proceeded to consider the resolution. sterilizing several mentally retarded be deemed approved to date, the time Mr. DOLE. Mr. President, in the case women during the early 1970’s. for the two leaders be reserved for their of United States ex rel. Sequoia Orange I would just say that we had a very Co. versus Sunland Packing House Co., use later in the day, and that the Sen- frank discussion. The discussion lasted and consolidated cases, pending in the ate then immediately resume consider- 30 to 40 minutes. U.S. District Court for the Eastern Dis- ation of S. 440, the National Highway I indicated earlier I felt, as the ma- trict of California, the private relator System bill; further, at the hour of 9:30 jority leader, that Dr. Foster certainly is opposing a motion filed by the De- Senator REID be recognized to offer an is entitled to an opportunity to speak partment of Justice to dismiss these amendment regarding truck speed lim- to me. We went over probably 15, 20, 25 cases. The court has scheduled a hear- its. different questions. He answered each ing on the Government’s motion for The PRESIDING OFFICER. Without of the questions. Some had been an- this week. On Friday afternoon of last objection, it is so ordered. swered during his nomination consider- week, the relator caused a subpoena to Mr. DOLE. Mr. President, I ask unan- ation before the Labor Committee. be delivered to the office of Senator imous consent that the Senate stand in I told Dr. Foster we were trying to DIANNE FEINSTEIN seeking to compel recess between the hours of 12:30 and work out some procedure on the Senate her to appear to testify at the hearing 2:15 for the weekly policy luncheons to floor so that we could have two votes: on Wednesday, June 21, 1995, in Fresno, meet. one on cloture; if cloture was not in- CA. The PRESIDING OFFICER. Without voked after two votes, that the nomi- The Senate’s standing rules require objection, it is so ordered. nation would go back on the calendar; all Senators to attend the Senate’s ses- f and, if cloture were invoked, then, of sions unless granted leave to be absent course, we would have the debate. We PROGRAM by the Senate. This resolution would have not reached an agreement, but I authorize the Senate Legal Counsel to Mr. DOLE. Mr. President, I will just hope to visit tomorrow morning with seek to quash the subpoena to protect say for the information of my col- the distinguished Democratic leader, Senator FEINSTEIN’s right to attend the leagues that the Senate will resume Senator DASCHLE. Senate’s sessions. consideration of the highway bill to- But I would say that our phones are Mr. President, I ask unanimous con- morrow at 9:30. Senator REID will be ringing off the wall. Just because you sent that resolution be considered and recognized to offer an amendment. meet with someone—some people do agreed to, the preamble be agreed to There could be rollcall votes possible not even want you to meet with nomi- and the motion to reconsider be laid before the 12:30 recess, and they are an- nees because they have different views upon the table, and that any state- ticipated throughout the day. than the nominee. My view is that they ments relating to the resolution appear I am advised by the managers that are entitled to that regardless of at the appropriate place in the RECORD. we did not make a great deal of whether I agree or disagree. The PRESIDING OFFICER. Without progress today, which indicates that I do not support Dr. Foster’s nomina- objection, it is so ordered. when people tell you on Friday they tion, but my view is that he is entitled The resolution (S. Res. 136) was are going to do something on Monday to that courtesy. And we had a good agreed to. and then you announce no votes on meeting as far as covering different The preamble was agreed to. that Monday, nothing happens around points that I wanted to cover, and he So the resolution, with its preamble, here. So I will not make that mistake had an opportunity to make his own is as follows: again. statements. But in any event, there are a number So, hopefully, tomorrow we can an- S. RES. 136 of amendments that will be taken and nounce a process that will lead us to Whereas, in the case of United States ex rel. other amendments as I understand will consideration—at least the first step in Sequoia Orange Company v. Sunland Packing be debated. But the managers seem the process, whether or not cloture will House Company, Case No. CV–F–88–566 be invoked, and, second, if it is, what OWWW/DLB, and consolidated cases, pending fairly confident that they might be in the United States District Court for the able to finish the bill tomorrow will follow. Eastern District of California, a subpoena for evening. If that happens, and if in fact It will be my intention to try to testimony at a hearing has been issued to we have an agreement that is helpful— make that announcement sometime to- Senator Dianne Feinstein; I appreciate the staff putting that to- morrow. Whereas, by Rule VI of the Standing Rules gether. I know there are a lot of I see the Senator from Missouri is of the Senate, no Senator shall absent him- amendments listed, but I doubt that here [Senator BOND]. At the end of his self or herself from the service of the Senate remarks, the Senate will stand in re- without leave; many of those amendments will be called up. cess, and the Senator from Missouri is Whereas, by the privileges of the Senate of the man of the hour. the United States and Rule XI of the Stand- f Mr. BOND addressed the Chair. ing Rules of the Senate, no evidence under The PRESIDING OFFICER. The Sen- the control or in the possession of the Senate ORDER OF PROCEDURE ator from Missouri. may, by the judicial process, be taken from Mr. DOLE. Mr. President, if there is such control or possession but by permission Mr. BOND. Mr. President, I ask unan- of the Senate; no further business to come before the imous consent that I may be permitted Whereas, pursuant to sections 703(a) and Senate, I now ask that the Senate to proceed as if in morning business. 704(a)(2) of the Ethics in Government Act of stand in recess under the previous The PRESIDING OFFICER. Without 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2) (1994), order following the brief remarks that objection, it is so ordered. June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8631 Mr. BOND. Mr. President, I express trade agencies. Without them, the Elimination of the network of ITA spe- my sincere thanks to the majority other agencies will cease to function cialists would severely hamper our leader. properly, and effectively to help our ability to monitor trade agreements f businesses gain jobs and the revenues and ensure that other countries are that they need from the world market. playing by the rules. DEPARTMENT OF INTERNATIONAL For that reason, when the Senate Second, the proposals to eliminate TRADE considers legislation to abolish the De- the Commerce Department would effec- Mr. BOND. Mr. President, I have been partment of Commerce, I will offer an tively remove the Federal Government very troubled during the past few amendment to create a new, but very from providing export promotion and months by the debate over the proposal small Department of International assistance for nonagricultural exports. to eliminate the Department of Com- Trade which will consist solely of the Now I realize there are many of my merce. Much of the debate has focused current Commerce Department trade colleagues who would applaud that de- on the need to eliminate the so-called agencies—the Bureau of Export Admin- velopment, but I would like to take corporate welfare programs of the istration and the International Trade just a moment to review the impact it International Trade Administration Administration. would have on American companies. and the Bureau of Export Administra- There are a wide range of reasons for The economic battleground has tion. I would like to address these pro- retaining the trade functions in a De- moved solidly to the international posed cuts today. partment of International Trade. I marketplace. Our future economic Congress is embarked on a long over- would like to take a few moments to growth depends, in large part, on due effort to make real cuts in Govern- discuss the most important ones: American firms winning their share of ment programs and move toward bal- First, Senators need to understand the new markets developing in places ancing the budget by 2002. This effort that the International Trade Adminis- like Indonesia, India, Brazil, and deserves strong support from every tration is responsible for supporting China. These countries have huge popu- member of this body, because eliminat- the activities of the Office of the U.S. lations which are hungry for develop- ing the budget deficit is the primary Trade Representative with sectoral and ment. The infrastructure needs is these responsibility facing Members of Con- technical expertise. The proposals to nations are staggering. Investment in gress today. The debt is a burden on eliminate the Commerce Department roads, bridges, telecommunications the backs of the American people, on appear not to recognize this fact. systems, power generation, and other the future of our children, and on the Everyone seems to agree that USTR infrastructure projects is estimated to competitiveness of U.S. companies try- is a successful agency which performs a be $1 trillion over the next 5 years in ing to win in today’s competitive world critical function, and which must be Asia alone. The competition for these marketplace. That is why I voted for retained. But too few seem to realize projects will be intense. Companies the budget in committee and again on that USTR is made up of a mere 170 from Germany, Japan, Canada, and the Senate floor, and that is why I sup- people. They could not possibly handle other nations will aggressively seek to port it strongly. all of our trade negotiations without win them; and they will go after them Certainly, the Commerce Depart- significant support from other agen- with strong tools provided by their ment—like most of the Federal Gov- cies, particularly the International governments. These tools will include ernment—can stand some significant Trade Administration. not only concessional financing, but trimming, and I applaud efforts to When we are negotiating an auto also market research, industry exper- weed out outdated and inefficient pro- parts deal with Japan, for example, tise, and the high-level marketing help grams at Commerce as well as at other there will be a USTR official sitting at of senior government officials. Already departments. I believe, however, the the bargaining table leading the team. our companies go into this battle with attacks on these two trade agencies are Behind that person, however, are al- fewer resources available from the gov- misguided and misinformed. most certain to be experts from the Of- ernment than their foreign competi- As we enter the 21st century, it is fice of Automotive Affairs and the Of- tors. If we send them in unarmed, they clear the future of our Nation’s econ- fice of Japan Trade Policy. The propos- will simply get stomped. omy depends on the international mar- als to abolish the Commerce Depart- We must also recognize that the mar- ketplace. If we are to remain the ment would eliminate both of these of- kets in these countries are not like world’s leading economy, then we will fices, which would leave the USTR ne- ours. Almost all of these infrastructure have to dominate the international gotiator unsupported, and unable to contracts will be awarded by govern- market as well as our own. The com- counter the Japanese negotiator on the ments, not by private firms. The offi- petition will be intense, and companies other side of the table. We would have cials responsible for making the buying from other nations will come to the our head handed to us in these negotia- decisions are used to dealing with field equipped with a wide array of tions, and every other international other Government officials, rather tools provided by their nation’s govern- trade negotiation we undertook. The than with businessmen. U.S. Govern- ments—from concessional financing, to result would be a loss of U.S. jobs as ment support is needed to support the market research, to high-level sales our ability to negotiate fair trade business effort so that they can win in help from senior government officials. agreements is eroded. these markets. If our companies are going to remain The important role that ITA plays in I know of many examples from my competitive, they must have at least trade negotiations is illustrated by personal experience in which ITA per- some access to the same tools. The looking at the NAFTA talks on which sonnel played a key role in helping to International Trade Administration is ITA experts spent more than 50,000 clinch huge exports for companies in the agency that helps to provide that hours in the last year of the negotia- my State. In one, Black & Veatch, a edge. tions alone. Kansas City construction firm teamed At the same time, it is just as criti- It should also be noted that ITA with General Electric, won a $250 mil- cal that we ensure other countries are plays the lead role in a wide range of lion power generation project in Ma- trading fairly and playing by the rules. trade talks. For example, ITA led the laysia last year with the active support That is the job of the U.S. Trade Rep- negotiations that opened Japan’s con- of the Foreign Commercial Service of- resentative. However, all of the trade struction and government procurement ficer in Kuala Lumpur, who spent 3 negotiators at USTR operate with sig- markets to United States firms. ITA years on the project. The result was a nificant support from the Commerce experts developed the negotiating posi- win for the United States against a Department. The loss of that support tions for all U.S.–E.U. standards bar- Japanese firm offering concessional would have a crippling impact on our rier talks since 1990. government financing. The project has ability to ensure our interests. BXA, It is also important to note that the the potential to bring in a total of $1 the Bureau of Export Administration, International Trade Administration is billion in business if the American and ITA, the International Trade Ad- the Federal agency with primary re- companies win the follow-on work. ministration, are the engine that drive sponsibility for monitoring bilateral They would never have had a chance of the rest of the Federal Government’s and multilateral trade agreements. winning without the active, on-the- S 8632 CONGRESSIONAL RECORD — SENATE June 19, 1995 ground support of the U.S. Govern- We must recognize, however, that DOD has responsibility for national se- ment. small companies like this one are not curity, not exporting. They do not have Commerce assistance is just even going to export without help. They do there expertise to deal with dual-use more important for small firms. Ear- not have the people, they do not have commercial items such as machine lier this year, I received a letter from the time, and they do not have the re- tools, computers, and telecommuni- one businessmen in St. Louis who sources to devote to entering the often- cations items. The result is certain to summed up the important role the difficult international marketplace. If be that they will err on the side of cau- US&FCS plays in supporting exports we take away their access to Com- tion and deny all licenses—or at least a by small companies. merce Department assistance, they are majority of them. I might add here, Mr. President, we not going to go out and hire private Fifth, the proposal would transfer all know the major exporting compa- lawyers and accountants—instead, the responsibility for enforcing export nies, large companies in America are they are going to forgo exporting, and controls from Commerce to the Cus- very competitive in the world market. cede valuable markets to foreign firms. toms Service. Now I am a strong sup- They need help to stay on an equal Third, the proposals to eliminate the porter of the Customs Service. I think footing with Export-Import Bank as- Commerce Department would destroy they are doing a fine job with the lim- sistance and other financing, but when the Import Administration. The Import ited resources we give them. I have vis- it comes to getting into the world mar- Administration is the Agency respon- ited several of their facilities, I have ket our medium- and small-sized busi- sible for enforcing and administering watched them in action at the border. nesses do not have the resources to the laws against dumped and subsidized We can be proud of the job they are mount an effective campaign for a exports of other countries. Actions ini- doing, particularly in keeping illegal small business. This letter reads as fol- tiated by the Import Administration drugs out of our country. lows, and I quote: have played a key role in the revital- I am concerned, however, that the Four years ago, acting as vice president of ization of several U.S. industries. proposal to split enforcement from ex- a 65-year-old small business in St. Louis, The proposal that has been intro- port licensing and transfer it to Cus- Mo., I watched in horror as more and more of duced in the House to abolish the Com- toms will weaken our effort to control our independently owned retail customer base began closing. I then observed the exit merce Department would transfer the the spread of weapons of mass destruc- of our largest single account, which ac- functions of the Import Administration tion. No matter how good a job Cus- counted for 10% of our total company sales. to USTR which is not a proper agency toms does, and they have done some After studying the competitive nature of to be making such determinations, and good work in this area, they will still U.S. business, I decided to investigate for- which will not have the manpower to not be focused on it as their primary eign markets as a possible answer to our de- handle the job. function, as the agents in Commerce clining sales problems. A fourth problem with the plans that are currently. Also, I fear that export I did not know one single thing about have been put forward is that they international trade, I did not know where to enforcement will take back seat to the look for possible customers, how to find would transfer the responsibility for li- more visible activity of combating the them or how to communicate with them if, censing dual use exports from the Bu- spread of illegal drugs. indeed, one was to be found. To a first-time reau of Export Administration, to ei- I should like to turn for a moment to potential exporter, the world looked like a ther the State Department or Defense the proposal to transfer several of very big place indeed, and I thought I had no Department. these functions to USTR. I simply do way of knowing how to access it. Under the current system of export not think that will work. One single seminar sponsored by the De- controls, the Commerce Department is USTR is part of the Executive Office partment of Commerce, a two-hour lecture responsible for licensing dual-use ex- of the President. For 2 years now, we on international shipping, started my com- pany once again on the road to financial sta- ports such as machine tools, comput- have told the President that he must bility. For during that two-hour meeting, ers, and telecommunications. The cut the White House staff back signifi- and during the subsequent small talk that State Department has the responsibil- cantly. Now some are coming forward followed, I was introduced to the world ity for licensing weapons sold overseas. with a proposal that would reverse any through the eyes of the United States and Over the past several years, as Con- progress that has been made, by trans- Foreign Commercial Service and the U.S. gress has considered proposals to re- ferring hundreds of new employees to Department of Commerce. write the export control system, a pri- the White House. That does not make a Within only one year’s time, our company exports climbed to $110,000. With continued mary goal of exporters has been to en- whole lot of sense. tutelage from various members of the sure that as many exports as possible Just as important, USTR is not an US&FCS, the second year of exporting yield- fall under the jurisdiction of the Com- appropriate home for these agencies or ed $263,000. Year three saw our sales climb to merce Department rather than the functions. USTR is a policy agency de- $473,000. Year four saw $576,000 in inter- State Department. There are several signed to advise the President and play national sales alone. reasons for this move. State is seen as the role of honest broker between other Mr. President, those are significant not being friendly to exporters. It is trade agencies. Transferring the func- amounts for a small company. They seen as something of a black hole tions of the Import Administration, are very significant for any commu- where export license applications can the Foreign Commercial Service, and nity. They are vitally important for disappear until sales are lost to foreign other agencies to USTR will make it a the workers who make the products firms by default. line agency with significantly broader that are sold in the world market. If we Further, exporting is not the primary responsibilities than it currently has. I multiply it across the tens of thou- concern of the State Department. In- question whether that is a step we sands of small firms that could be ex- stead, the Agency is focused on foreign want to be taking. I, for one, do not porting, you would see the enormous policy concerns. It is easy to imagine a think so. impact on our trade deficit and our scenario in which an export application And there are other problems that overall economic well-being that these might be denied due to foreign policy are sure to arise. I am sure agricultural functions of the Department of Com- interests rather than commercial in- interests will be concerned that this merce serve. terests. proposal will put some of Commerce’s It is for that reason, Mr. President, I Finally, State is in the process of manufacturing and services trade spe- believe, when we take a look at weed- taking cuts in its primary programs. cialists into USTR. Since we would not ing out the chaff and cutting out un- As that happens, there is almost cer- be doing the same for the commodity necessary activities, we must be well tainly not going to be an adequate specialists in the Department of Agri- advised to keep those things which are number of people assigned to noncore culture, they are certain to see this working, to keep those things which functions such as export licensing. The move as tipping the balance of interest are vitally important for ensuring the result will be a further loss of jobs for in the White House away from agri- continued competitiveness of small- American firms. culture interests. and medium-sized firms in the world The alternate proposal to move the As I stated earlier, if we are in fact market. If we do not help these firms, licensing function to the Defense De- going to eliminate the Commerce De- they will wither and die. partment is similarly problematic. partment, I believe the solution to this June 19, 1995 CONGRESSIONAL RECORD — SENATE S 8633 problem is to create a very small, but like to focus on just one of those wild Thereupon, at 5:25 p.m., the Senate very effective Department of Inter- charges. recessed until Tuesday, June 20, 1995, national Trade made up solely of the The report accompanying the House at 9:30 a.m. budget resolution references a CBO re- existing functions of the International f Trade Administration and the Bureau port which states: of Export Administration, and rep- [a]ll increases in exports * * * resulting NOMINATIONS resented in the Cabinet. Creation of from ITA’s * * * activities are completely this agency will allow us to continue to offset by some mix of reduced exports of Executive nominations received by remain effective in the international other industries and increased imports. the Senate June 19, 1995: arena without spending more money Now, Mr. President, I do not know DEPARTMENT OF STATE which rocket scientist at CBO came up than we are now. It keeps BXA and ITA PEGGY BLACKFORD, OF NEW JERSEY, A CAREER MEM- together, thereby preserving the syn- with than analysis, but it is one of the BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- most ludicrous assertions I have come SELOR, TO BE AMBASSADOR EXTRAORDINARY AND ergy that comes from keeping trade in PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA one agency; and it allows exporters to across in my time here in Washing- TO THE REPUBLIC OF GUINEA-BISSAU. ton—and trust me I have heard some EDWARD BRYNN, OF VERMONT, A CAREER MEMBER OF continue to have a place at the cabinet THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- table. good ones. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND When the people at ITA work to see PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA This new Department of Inter- TO THE REPUBLIC OF GHANA. that a foreign airline buys Boeing 747’s national Trade would not be the bu- JHOHN L. HIRSCH, OF NEW YORK, A CAREER MEMBER or McDonnell Douglas MD–11’s rather OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- reaucratic monster that today’s Com- than Airbus aircraft, is that increase in COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND merce Department has become. It PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA our exports offset by reduced exports TO THE REPUBLIC OF SIERRA LEONE. would have a budget of less than $400 or increased imports? No. VICKI J. HUDDLESTON, OF ARIZONA, A CAREER MEM- million—not even one-tenth of the cur- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- When a US&FCS officer in Kuala SELOR, TO BE AMBASSADOR EXTRAORDINARY AND rent Commerce Department budget. Lumpur helps to ensure that American PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA My plan would not consolidate other TO THE DEMOCRATIC REPUBLIC OF MADAGASCAR. firms win a major power project ELIZABETH RASPOLIC, OF VIRGINIA, A CAREER MEM- existing trade agencies. It would leave against their subsidized Japanese com- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- USTR, the Export-Import Bank, OPIC, SELOR, TO BE AMBASSADOR EXTRAORDINARY AND petitor, does that result in reduced ex- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA and TDA as independent agencies. Sen- ports somewhere else in our economy? TO THE GABONESE REPUBLIC AND TO SERVE CONCUR- ators may ask why I do not consolidate RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS Of course not. AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY them into this new agency, and my an- Mr. President, the world trade pie is OF THE UNITED STATES OF AMERICA TO THE DEMO- swer is very simple, they work, and I CRATIC REPUBLIC OF SAO TOME AND PRINCIPE. huge. The United States has a large DANIEL HOWARD SIMPSON, OF OHIO, A CAREER MEM- have long subscribed to the old adage, part of it, but we should have an even BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- if it ain’t broke, don’t fix it. They are ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- larger part. Attitudes like the one ex- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES small agencies, performing critical pressed by this bureaucrat at CBO OF AMERICA TO THE REPUBLIC OF ZAIRE. functions, and we ought to leave them show a complete lack of understanding alone to continue that fine work. of this fact. If we make the mistake of Executive nominations received by As I have said already, trade is the believing them, we will condemn this the Secretary of the Senate June 16, key to our economy’s future. If we toss Nation to lost jobs, a declining econ- 1995, under authority of the order of in the towel right now, we can give up omy, and a lower standard of living as the Senate of January 4, 1995: on the hope of remaining the world’s we enter the 21st century. most important economy. We simply Mr. President, I thank the Chair for INFORMATION AGENCY will not be able to do so. I am not will- DAVID W. BURKE, OF NEW YORK, TO BE A MEMBER OF the indulgence. I yield the floor. THE BROADCASTING BOARD OF GOVERNORS FOR A TERM ing to toss in the towel, and I bet a ma- f OF 3 YEARS. (NEW POSITION.) jority of Senators agree with me. EDWARD E. KAUFMAN OF DELAWARE, TO BE A MEMBER OF THE BROADCASTING BOARD OF GOVERNORS FOR A In closing, I would note that a num- RECESS UNTIL 9:30 A.M. TERM OF 2 YEARS. (NEW POSITION.) ber of wild charges have been tossed TOMORROW TOM C. KOROLOGOS, OF VIRGINIA, TO BE A MEMBER OF THE BROADCASTING BOARD OF GOVERNORS FOR A TERM around by those opposed to the so- The PRESIDING OFFICER. Under OF 3 YEARS. (NEW POSITION.) called corporate welfare programs of the previous order, the Senate stands BETTE BAO LORD, OF NEW YORK, TO BE A MEMBER OF THE BROADCASTING BOARD OF GOVERNORS FOR A TERM export promotion and finance. I would in recess until 9:30 a.m. tomorrow. OF 2 YEARS. (NEW POSITION.) June 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1287 EXTENSIONS OF REMARKS

COMMEMORATING THE VICTIMS member these atrocities and prevent such a television show, and his own newsletter, the OF THE KATYN MASSACRE thing from happening again. They proclaim Mills Capitol Observer. I and many other New that evil is overcome by the power of love Mexicans greatly respect Mr. Mills. We know and this love leads to victory and new life. HON. TOM LANTOS They turn to the heirs of their persecutors and trust him as a journalist. We care about OF CALIFORNIA and say: ‘‘We forgive.’’ Especially to the him as a friend. IN THE HOUSE OF REPRESENTATIVES youth, they say: ‘‘You are our hope. We cau- Mr. Speaker, I ask my colleagues to join me Monday, June 19, 1995 tion you and beg: Through memory of past in recognizing and honoring this outstanding crimes, do not try to solve problems by broadcast journalist who has excelled in his Mr. LANTOS. Mr. Speaker, I invite my col- force. May your generation renew the face of profession and has won the adulation and ad- leagues to join me in remembering the victims the earth. . . . We extend our hand in rec- miration of his peers and his listeners. I offer of Stalin's mass murder of Polish officers in onciliation to you, Brothers of the East. May our pain, memory, and forgiveness strength- my congratulations to New Mexico's Ernie the Katyn Forest in Russia on June 4, 1940. Mills and wish him all the best as he continues That vicious and horrible slaughter was one of en us all on the road to the peace desired by the entire human family.’’ to do what he loves best. the great atrocities of World War II. As a result of the partition of Poland by Nazi Germany f f and the Soviet Union on the basis of the infa- ERNIE MILLS NAMED TOP PERSONAL EXPLANATION mous Hitler-Stalin pact, the Soviet Union occu- BROADCASTER pied eastern Poland. Following that imposition HON. ROBERT L. EHRLICH, JR. of Soviet control, which was every bit as brutal HON. BILL RICHARDSON as the Nazi occupation of western Poland, the OF MARYLAND OF NEW MEXICO IN THE HOUSE OF REPRESENTATIVES Soviet authorities brutally murdered some IN THE HOUSE OF REPRESENTATIVES 15,000 Polish military officers and other Polish Monday, June 19, 1995 Monday, June 19, 1995 citizens. After the Soviets carried out this bru- Mr. EHRLICH. Mr. Speaker, on rollcall Nos. Mr. RICHARDSON. Mr. Speaker, I urge my tal massacre, they falsely blamed the Nazis 386 and 387, I was unavoidably detained by colleagues to join me in recognizing an out- for this inhuman act. official business in my district. standing broadcaster from New Mexico who Mr. Speaker, this month marks the 55th an- Had I been present, I would have voted was recently named Broadcaster of the Year niversary of the Katyn Massacre. In memory ``aye.'' of the victims of this horrible act, as a tribute by the New Mexico Broadcasters Association. to the survivors and their families, and as a Ernie Mills of Santa Fe is a 46-year veteran f message of reconciliation for the future, I wish of journalism. His career began in 1949 at the IN MEMORY OF JACK FARBER to place in the RECORD the following message New York Herald Tribune. After 8 years in from the Federation of the Katyn Families: New York, he headed west to serve as the HON. GARY L. ACKERMAN ‘‘A MESSAGE TO THE WORLD FROM THE KATYN editor of the Gallup Independent. His col- FAMILIES’’—A STATEMENT REGARDING THE leagues in New York told him there was no OF NEW YORK KATYN MASSACRE news in New Mexico and that he would be IN THE HOUSE OF REPRESENTATIVES Many call it the ‘‘Golgotha of the East’’: heading back east in no time. Monday, June 19, 1995 Katyn Forest and other sites in Russia where Mr. Mills, of course, proved his east coast 15,000 captured Polish citizens and officers friends wrong and quickly proved his worth. In Mr. ACKERMAN. Mr. Speaker, I rise today were massacred by Soviet paramilitary po- March 1958, producer Mike Todd's plane to join with my constituents in the Fifth Con- lice during World War II. Now a sanctuary is crashed near Gallup. There was considerable gressional District and the residents of the being built in Katyn: as a remembrance and interest in the story as Mr. Todd was married Flushing, Queens, community in mourning the warning that it must not happen again, and loss of one of New York's most distinguished as a symbol of reconciliation between Poland to film star Elizabeth Taylor. Not only did he file stories statewide, but his old paper, the citizens, Jack Farber. and Russia. Monsignor Zdzislaw Peszkowski, A graduate of Lafayette College and Brook- one of the fewer than 150 surviving prisoners Herald Tribune, led with Mr. Mills' story. of the massacre, and chief proponent of the In 1968 and 1969 Mr. Mills made two tours lyn Law School, Mr. Farber established a rep- sanctuary, states that the act of forgiveness of Vietnam to cover the New Mexico troops. utation as a builder and developer of real es- offered by the Katyn Families will provide a He reported back to the troops' hometown tate on Long Island. Yet it was as chairman of starting point for future positive relations radio stations and provided combat coverage the National Bank of New York City that he between Poland and Russia. for two Albuquerque television stations. made his greatest contribution and is best re- The massacre of the leading members of But Mr. Mills' most remarkable work oc- membered. the Polish intelligentsia—including physi- In 1963, Jack Farber founded the Flushing cians, judges, scholars, policemen, and mili- curred in 1980 during a violent uprising at the tary officers—was intended by Josef Stalin New Mexico State Penitentiary. Thirty-three in- National Bank, later renamed the National to destroy resistance in Poland and annihi- mates lost their lives during the riot. Mr. Mills Bank of New York City, and turned it into a late the nation. During the war, Poland was was so well known and respected as a rea- neighborhood institution. From its outset, the invaded by both German and Soviet troops. soned voice in New Mexico that State officials bank, under Jack's astute leadership, as- The prisoners were each killed by a single asked him to go inside the facility to negotiate sumed a unique role of exceptional service to bullet to the back of the head. With their with the inmates for the release of 15 guard the community. It was the first commercial hands tied behind their backs with barbed hostages. Throughout the Saturday and Sun- bank to have its main branch and head- wire or heavy cord, they were thrown into quarters in the Flushing area. It also become mass graves. The victims have never been ex- day of the riot, Mr. Mills repeatedly risked his humed or buried. After the systematic mur- own life and went inside the facility to meet known as a pioneer in banking operations by ders of these 15,000 men, some 2 million Pol- with the inmate negotiators. The negotiations being the first bank in New York City to be ish citizens, including victims’ families, were paid off as all 15 hostages were released. open for business on Saturdays, as a conven- evicted from their homes and crowded into Thanks to his many years covering the ience to its depositors. In addition, it was the animal boxcars and sent inland to serve as State legislature, Mr. Mills is a walking ency- first bank in New York State to pay interest on slaves in Russia. Many died on the trains and clopedia of New Mexico political history. He is Christmas and Chanukah savings accounts. their bodies were thrown from the moving a great resource for a good many people. He As the Flushing community grew, so did trains. In 1993, Boris Yeltsin admitted that Jack Farber's bank. In fact, Jack looked upon responsibility for the massacre lay with the is always willing to share his knowledge and Soviet Union, while previously it had been wisdom whether it is telling a story from the the bank as one of his greatest achievements, attributed to the German army. past or predicting something in the future. but, even more, he viewed the bank as part of The Federation of the Katyn Families He remains as active today as he's ever the community. In doing so, he accepted the pleads with members of all nations to re- beenÐhe has a daily radio program, a regular responsibility of supporting the community. He

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1288 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1995 was an active benefactor of the Anti-Defama- Third Congressional District in Illinois. After 20 SALUTE TO THE COLORADO tion League, the United Jewish Appeal, Lafay- years of dedicated public service, Gene Siegel SILVER BULLETS ette College, and a multitude of other chari- is retiring as mayor of Chicago Ridge, IL. table organizations that fulfilled Jack's mission Mr. Siegel began his political career in 1963 HON. PATRICIA SCHROEDER to promote civil and human rights, expand when he was appointed as the deputy coroner OF COLORADO health care, and to improve humanity. It is to the great benefit of the Flushing for the Cook County Coroner's Office. After IN THE HOUSE OF REPRESENTATIVES neighborhood that citizens such as Jack serving in that position for 8 years, Gene ac- Monday, June 19, 1995 cepted another appointment as the assistant Farber have so willingly shared their skill, Mrs. SCHROEDER. Mr. Speaker, in an era compassion, and goodwill in giving of them- chief to the Cook County Sheriff's Office. In 1987, he accepted yet another appointment as when so many fans are turning away from selves to enhance our neighborhoods. baseball, it is reassuring to know that there administrative assistant to the State Treasur- Mr. Speaker, I call on all of my colleagues are still a few people who are playing for the er's Office. Mayor Siegel was also a member in the House of Representatives to join me love of the game. I'm talking about the Colo- now in extending our condolences to the of the Cook County Criminal Justice Commis- rado Silver Bullets, the Nation's only profes- Farber family, and in paying tribute to the late sion for 6 years; one of two mayors in all of sional women's baseball team, which made its Jack Farber, a skillful businessman and a Cook County serving in that capacity. He is debut last year. The Bullets compete with warm and generous humanitarian. also a past associate of the Crisis Center for men's teams throughout the Nation. f South Suburbia. But the Bullets are about more than sports. SALUTE TO KIDS WHO CARE In 1975, Gene was elected as part-time They have been able to parlay the public and mayor of Chicago Ridge to fill an unexpired media interest they generate as a result of HON. BILL BAKER term. He was reelected in 1977, 1981, 1985, being the Nation's only professional women's 1989, and in 1993, was elected as a full-time baseball team to help fight domestic violence OF CALIFORNIA mayor. At the present time, Mayor Siegel is and to reinforce the dreams of many American IN THE HOUSE OF REPRESENTATIVES serving as vice chairman of the Southwest children. Not only do they raise public aware- Monday, June 19, 1995 Council of Mayors, and is the legislative chair- ness of women's athletics, but also they pro- Mr. BAKER of California. Mr. Speaker, re- man for the Southwest Conference of Local vide thousands of young girls hope for a future cently, one of the papers in my district carried Government. Also, he is serving as vice presi- in professional sports. They help stop domestic violence by donat- an article about an unusually impressive group dent and a member of the board of directors ing tickets to local programs serving battered of young men and women. According to the for the Illinois Municipal League. He is a mem- women and their children for use in fundrais- Contra Costa Times, this summer Kids Who ber of the Midway Airport task force and a ing. In addition, the Bullets speak to children Care will field over 100 high school students member of the Cook County Advisory Board to serve as unpaid volunteers committed to and adolescents around the country on self- on Community Development Block Grant ap- esteem. fixing up the homes of senior citizens in north- plications. ern Contra Costa County. For their contributions to America's game Kids Who Care is a nonprofit organization During his tenure as mayor, Mayor Siegel and their contributions to America, I commend sponsored by another outstanding group, has accomplished a tremendous amount on the Colorado Silver Bullets. Christmas for Everyone. Through painting behalf of the residents of Chicago Ridge. f houses, doing yardwork, and other chores for Gene created a solvent tax base by ELIMINATE THE JOINT ECONOMIC seniors, these young people show their com- instrumenting the development of the Chicago COMMITTEE NOW munity spirit and their dedication to making life Ridge Mall in 1981, and the Commons of Chi- a bit easier for Easy Bay senior citizens. cago Ridge in 1988. These developments Not only do the kids perform superb com- allow his administration to hold the line on HON. DAVID MINGE munity service, but they also learn a bit about property owner's taxes and still permit such OF MINNESOTA entrepreneurship, as well. By recruiting and village improvements as the improvement of IN THE HOUSE OF REPRESENTATIVES working with corporate sponsors, they learn Ridgeland Avenue to establish commercial Monday, June 19, 1995 about the free enterprise system and how the land use and the installation of an adequate business community can play a vital role in water system with a 2-million-gallon reservoir Mr. MINGE. Mr. Speaker, this year we are helping others. Julie Haydon, a student at and a pumping station. The mayor has worked embarking on a long and arduous journey to a balanced budget. Our lingering deficit and Acalanes High, facilitates the corporate spon- diligently to make Chicago Ridge a beautiful staggering national debt make balancing the sorship program, and has already developed and safe place to live and raise a family. budget a critical necessity. We must take seri- skills in planning and coordination that will Under his administration, countless streets ous action now. We can no longer spend ram- serve her well throughout her life. have been paved with storm sewers, gutters, Private sector efforts to meet community pantly and pass the buck on to our children. and modern street lighting, and traffic signals needs are increasingly critical, and Kids Who During this difficult process, we will have to have been installed at hazardous intersec- Care serves as a model for effective, voluntary make many painful decisions to cut beneficial action to address some of the real concerns tions. Presently, the mayor is working on de- programs and scale back the size of Govern- America now faces. Mary Perez, founder of velopment projects that include the industrial ment. We will have to cut waste and set prior- Christmas for Everyone, deserves high praise park, a 130 acre parcel of property, and the ities for dispersing the limited pool of Federal for her sponsorship of Kids Who Care. And to Chicago Ridge Commons TIF extension. dollars. In this spirit of eliminating waste and the scores of teenagers who this summer will Mayor Siegel is a dedicated public servant reducing the deficit, I will be offering an work without pay to help seniors and make who has worked to build a genuine community amendment to the fiscal year 1996 legislative their neighborhoods brighter places, thank you feeling in Chicago Ridge. Throughout his 20 appropriations bill to eliminate funding for the for all you are doing to remind us that Ameri- years as mayor, Gene has maintained an Joint Economic Committee. Mr. Speaker, I un- ca's best days lie ahead. open door policy for all his constituents and derstand that the Joint Economic Committee f employees. He will be sorely missed as mayor has been identified as waste and is slated for of Chicago Ridge but I am sure he will remain elimination in fiscal year 1997, but why should TRIBUTE TO CHICAGO RIDGE a prominent member of the community. He we wait another year? By eliminating the Joint MAYOR EUGENE L. SIEGEL and his wife have been residents of Chicago Economic Committee this year, we could save the taxpayers $3 million. Ridge for 39 years. HON. WILLIAM O. LIPINSKI We can no longer afford the luxury of fund- I ask my colleagues to join the residents of OF ILLINOIS ing redundant, duplicative, Government enti- Chicago Ridge and myself in expressing our IN THE HOUSE OF REPRESENTATIVES ties such as the Joint Economic Committee. gratitude to Mayor Siegel for his years of de- We already have budget committees and tax Monday, June 19, 1995 votion to public service. I wish Mayor Siegel committees in the House and Senate. Earlier Mr. LIPINSKI. Mr. Speaker, I rise today to good health in his retirement and, again, I this year, the committees of the House were pay tribute to Mr. Eugene L. Siegel, an out- thank him for his devotion to the residents of reorganized and the total number reduced to standing public leader and resident of the Chicago Ridge. eliminate overlap and duplication. Now, during June 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1289 the budget process, we must continue this ef- RETIREMENT OF WILLIAM C. DEE tration’s opposition to key provisions of the fort and eliminate wasteful joint House-Senate Cuban Liberty and Democratic Solidarity committees. Act of 1995. I also have been encouraged by HON. ROBERT L. EHRLICH, JR. your recent comments, and those of adminis- Mr. Speaker, I commend you for your efforts OF MARYLAND tration officials, which have stressed the im- to pare down the size of the legislative branch IN THE HOUSE OF REPRESENTATIVES portance of having a robust ‘‘Track II’’ to and improve efficiency. Let us take another Monday, June 19, 1995 U.S. Cuba policy. I agree with you that addi- relatively easy step toward balancing the tional pressure on Cuba could likely result in Mr. EHRLICH. Mr. Speaker, I rise today to violent change, unleashing the kind of mi- budget by eliminating the Joint Economic recognize a highly respected and dedicated Committee 1 year early. I urge my colleagues gration your new policy is designed to dis- public servant who has retired after 36 years courage. to support my amendment and save the tax- of service to his country. Now is the time to take definitive steps to payers $3 million. During his tenure with the Federal civil serv- increase contact between the citizens of the f ice, William Dee was regarded as one of the United States and Cuba and attempt to less- world's foremost authorities on chemical en their hardship. It is not the time for at- INDIAN TRIBES MUST ALSO HAVE weapons and chemical warfare. His expertise tempts at further isolating Cuba. These steps should include: Restoring pre-August 1994 re- A SEAT AT THE TABLE in the various techniques that produce chemi- cal agents and munitions has benefited both mittance and travel guidelines for Cuban- Americans; allowing for greater travel and the United States and countries throughout the contact between all U.S. citizens and the HON. BILL RICHARDSON world. At one point in his career, William Dee people of Cuba; and pushing for news bureau found himself in an unprecedented role when OF NEW MEXICO exchanges between the U.S. and Cuba. he guided and directed the U.S. Army's tech- Such initiatives would be positive steps to- IN THE HOUSE OF REPRESENTATIVES nical and scientific support to chemical and bi- ward advancing the central goal of U.S. Cuba ological arms control. policy—a peaceful transition to democracy. Monday, June 19, 1995 Mr. Dee's extensive knowledge and ability The steps could also help discourage Cubans Mr. RICHARDSON. Mr. Speaker, I am intro- to work harmoniously with policymakers from taking to the seas. Taking those steps helped shape the Chemical Weapons Conven- and eliciting reciprocal actions by Cuba also ducing legislation today that would add native could lead to the process of carefully cali- American representation to the Advisory Com- tion, which allowed U.S. national security and industrial interests to be given significant at- brated responses to Cuban actions empha- mission on Intergovernmental Relations. Since sized in recent comments by administration its inception in 1959, this Commission which is tention. During the course of his career, Wil- officials. liam Dee's efforts had a profound impact on composed of governmental officials from all I look forward to working with you on this levels of government has never included rep- the chemical weapons community, the Depart- matter. resentatives from the oldest existing govern- ment of Defense, and our Nation. With best regards, ments in this countryÐAmerican Indian and Mr. Speaker, please join me in recognizing Sincerely, Alaska Native tribes. The bill that I am intro- William Dee as an exemplary American who LEE H. HAMILTON, ducing today will correct this egregious omis- has served his community with skilled devo- Ranking Democratic Member. sion. tion for 36 years. He has left a proud legacy for future generations to follow. THE WHITE HOUSE, Federally recognized Indian tribes maintain f Washington, June 3, 1995. a government-to-government relationship with Hon. LEE H. HAMILTON, the United States. Since the formation of this UNITED STATES POLICY TOWARD House of Representatives, Washington, DC. Nation the Congress, the courts, and the ex- CUBA DEAR LEE: Thank you for your letter on ecutive have recognized the sovereign status United States policy toward Cuba. of Indian tribes and through treaties, Executive HON. LEE H. HAMILTON It has been one of our long-standing goals orders, and other means have dealt with tribes OF INDIANA to regularize our migration relationship with on a government-to-government basis. Fur- IN THE HOUSE OF REPRESENTATIVES Cuba. This will enable the United States to better control its borders. It will ensure that thermore, the United States has undertaken a Monday, June 19, 1995 solemn trust responsibility with respect to the Cubans do not take to the sea in protection and enhancement of the native Mr. HAMILTON. Mr. Speaker, on May 8, unseaworthy rafts at great peril to their lives. Finally, by resolving an issue Castro American tribes. 1995, I wrote to President Clinton concerning the May 1995 migration agreement between has long used to distract us, it will allow the It is almost shocking, but yet not surprising, the United States and Cuba in the context of United States to focus on its central goal of that the more than 550 native American tribes promoting a peaceful transition to democ- overall United States policy toward Cuba. racy in Cuba. The recent migration agree- in our country have been overlooked by the On June 4, 1995, I received a reply from Commission for 36 years. My bill would ex- ments advance these objectives. President Clinton. The text of the correspond- I share your belief that we must help the pand the number of members on the Commis- ence follows: sion from 26 to 30 by adding 4 native Amer- Cuban people in their struggle for demo- HOUSE OF REPRESENTATIVES, COM- cratic reform and human rights, and we now ican tribal officials to be appointed by the MITTEE ON INTERNATIONAL RELA- are in a position to do just that. Consistent President from a list of 8 candidates selected TIONS, with Track II of the Cuban Democracy Act, by the House Committee on Resources and Washington, DC, May 8, 1995. we already have taken steps to increase the the Senate Committee on Indian Affairs. Be- WILLIAM J. CLINTON, flow of information, improve telecommuni- cause the Governors and mayors each have The White House, Washington, DC. cations and license private humanitarian aid DEAR MR. PRESIDENT: I write with regard four representatives on the Commission, it to Cuba. I am committed to assisting opposi- to last week’s migration agreement between tion leaders, free-thinking intellectuals, seems that four is an appropriate number of the United States and Cuba. I am concerned representatives for Indian country as well. churches and human rights groups in their that this policy change treats only one as- efforts to push for meaningful political and Mr. Speaker, for too long we have neglected pect of Cuba policy and does not address the economic change. to invite our native American tribal leaders to central policy problems. For it to be successful, U.S. policy toward With regard to your specific proposals, we be active and meaningful participants in our Cuba requires more than returning Cuban continue to review whether the measures in democratic form of government. In order for migrants interdicted at sea to Cuba. Instead place serve our objective of encouraging the Commission to truly fulfill its purpose of of limiting policy changes to migration is- peaceful economic and political change. Any bringing together the various forms of govern- sues, the United States should reach out to actions we take will be consistent with that ment for consideration of common problems, the Cuban people in an attempt to make goal and with the two-track approach of the Cuban Democracy Act. Indian tribes must also have a seat at the their lives better, decrease their incentive to table. emigrate, and enhance the chances for a As usual, I appreciate your thoughtful peaceful transition to democracy in Cuba. comments on this issue. I urge my colleagues to support this legisla- I commend you for your recent comments Sincerely, tion. on U.S. Cuba policy. I welcome the adminis- BILL CLINTON. E 1290 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1995 SENATE COMMITTEE MEETINGS tee on Native American and Insular Af- 10:00 a.m. Title IV of Senate Resolution 4, fairs on S. 487, to amend the Indian Energy and Natural Resources Gaming Regulatory Act. To hold oversight hearings with the agreed to by the Senate on February 4, SD–G50 Committee on Environment and Public 1977, calls for establishment of a sys- Joint Economic Works on energy and environmental tem for a computerized schedule of all To hold hearings to examine the impact implications of the Komi oil spills in meetings and hearings of Senate com- of the President’s 10-year budget plan the former Soviet Union. mittees, subcommittees, joint commit- on the economy. SD–366 tees, and committees of conference. SD–106 Environment and Public Works This title requires all such committees 10:00 a.m. To hold oversight hearings with the to notify the Office of the Senate Daily Environment and Public Works Committee on Energy and Natural Re- Digest—designated by the Rules Com- Drinking Water, Fisheries, and Wildlife sources on energy and environmental implications of the Komi oil spills in mittee—of the time, place, and purpose Subcommittee To hold oversight hearings on the Na- the former Soviet Union. of the meetings, when scheduled, and tional Marine Fisheries Service policy SD–366 any cancellations or changes in the on spills at Columbia River hydropower Governmental Affairs meetings as they occur. dams, gas bubble trauma in endangered Permanent Subcommittee on Investiga- As an additional procedure along salmon, and the scientific method used tions with the computerization of this infor- under the Endangered Species Act To hold hearings to review the friendly mation, the Office of the Senate Daily which gave rise to that policy. fire incident during the Persian Gulf Digest will prepare this information for SD–406 War. printing in the Extensions of Remarks Judiciary SD–342 Business meeting, to consider pending 2:00 p.m. section of the CONGRESSIONAL RECORD Energy and Natural Resources on Monday and Wednesday of each calendar business. SD–226 Parks, Historic Preservation and Recre- week. ation Subcommittee Meetings scheduled for Tuesday, JUNE 23 To hold hearings on S. 594, to provide for June 20, 1995, may be found in the Daily the administration of certain Presidio 9:30 a.m. Digest of today’s RECORD. properties at minimal cost to the Fed- Labor and Human Resources eral taxpayer. MEETINGS SCHEDULED To hold hearings to examine issues relat- SD–366 ing to the Legal Services Corporation. JUNE 21 SD–430 JULY 11 9:00 a.m. JUNE 27 10:00 a.m. Labor and Human Resources Veterans’ Affairs Business meeting, to consider pending 9:30 a.m. To hold hearings to examine options for calendar business. Appropriations compliance with congressional budget SD–430 Defense Subcommittee resolution (H. Con. Res. 67) instruc- 9:30 a.m. To hold hearings on proposed budget es- tions relating to veterans’ programs. Labor and Human Resources timates for fiscal year 1996 for the De- SR–418 To hold oversight hearings on the Occu- partment of Defense, focusing on bal- pational Safety and Health Adminis- listic missiles. JULY 13 SD–192 tration (OSHA). 9:30 a.m. SD–430 Special on Aging To hold hearings to examine the impact Indian Affairs 10:00 a.m. To hold hearings on S. 479, to provide for Governmental Affairs of breakthroughs in the treatment of catastrophic diseases on reductions in administrative procedures to extend To hold hearings to abolish the Depart- Federal recognition to certain Indian ment of Commerce. health care costs. SH–216 groups. SD–342 SR–485 2:00 p.m. Select on Intelligence JUNE 28 To hold hearings to review the progress 9:30 a.m. CANCELLATIONS of the activities of the Director of Energy and Natural Resources Central Intelligence. Business meeting, to consider pending SD–106 calendar business. JUNE 20 SD–366 9:30 a.m. JUNE 22 Labor and Human Resources Energy and Natural Resources 9:30 a.m. Business meeting, to consider pending To hold oversight hearings to review ex- Energy and Natural Resources calendar business. isting oil production at Prudhoe Bay, Forests and Public Land Management Sub- SD–430 Alaska and opportunities for new pro- committee Indian Affairs duction on the coastal plain of Arctic To hold hearings on S. 852, to provide for To hold hearings on S. 814, to provide for Alaska. uniform management of livestock graz- the reorganization of the Bureau of In- SD–366 ing on Federal land. dian Affairs. SD–366 SR–485 JUNE 21 Labor and Human Resources 9:30 a.m. To continue oversight hearings on the JUNE 29 Energy and Natural Resources Occupational Safety and Health Ad- 9:30 a.m. To hold hearings on the Secretary of En- ministration (OSHA). Small Business ergy’s strategic alignment and SD–430 To hold hearings to examine the future downsizing proposal and other alter- Indian Affairs of the Small Business Investment Com- natives to the existing structure of the To hold joint hearings with the House pany program. Department of Energy. Committee on Resources Subcommit- SD–538 SD–366 Monday, June 19, 1995 Daily Digest Senate Nominations Received: Senate received the follow- Chamber Action ing nominations: Received on Friday, June 16, dur- Routine Proceedings, pages S8597–S8633 ing the adjournment: Measures Introduced: One bill and one resolution David W. Burke, of New York, to be a Member were introduced, as follows: S. 943 and S. Res. 136. of the Broadcasting Board of Governors for a term Page S8614 of three years. Measures Reported: Reports were made as follows: Edward E. Kaufman, of Delaware, to be a Member S. 240, to amend the Securities Exchange Act of of the Broadcasting Board of Governors for a term 1934 to establish a filing deadline and to provide of two years. certain safeguards to ensure that the interests of in- Tom C. Korologos, of Virginia, to be a Member vestors are well protected under the implied private of the Broadcasting Board of Governors for a term action provisions of the Act, with an amendment in of three years. the nature of a substitute. (S. Rept. No. 104–98) Bette Bao Lord, of New York, to be a Member Page S8614 of the Broadcasting Board of Governors for a term of two years. Page S8633 Measures Passed: Received today: Authorizing Representation by Senate Legal Peggy Blackford, of New Jersey, to be Ambas- Counsel: Senate agreed to S. Res. 136, to authorize sador to the Republic of Guinea-Bissau. representation by Senate Legal Counsel. Page S8630 Edward Brynn, of Vermont, to be Ambassador to National Highway System Designation Act: Sen- the Republic of Ghana. ate resumed consideration of S. 440, to amend title John L. Hirsch, of New York, to be Ambassador 23, United States Code, to provide for the designa- to the Republic of Sierra Leone. tion of the National Highway System, with a modi- Vicki J. Huddleston, of Arizona, to be Ambas- fied committee amendment in the nature of a sub- sador to the Democratic Republic of Madagascar. stitute, taking action on amendments proposed Elizabeth Raspolic, of Virginia, to be Ambassador thereto, as follows: to the Gabonese Republic and to serve concurrently Pages S8599±S8602, S8606±07, S8609±13 and without additional compensation as Ambassador Adopted: Extraordinary and Plenipotentiary of the United Hutchison Amendment No. 1424, to make a States of America to the Democratic Republic of Sao technical correction to change the description of a Tome and Principe. rural access project in Texas. Pages S8606±07 Daniel Howard Simpson, of Ohio, to be Ambas- Hutchison Amendment No. 1425, to change the sador to the Republic of Zaire. Page S8633 identification of a high priority corridor on the Na- Measures Placed on Calendar: Page S8614 tional Highway System in Texas. Pages S8606±07 Moynihan (for Bumpers) Amendment No. 1426, Communications: Page S8614 to clarify a certain provision to ensure that High Statements on Introduced Bills: Page S8614 Priority Corridor 18 is included on the approved Additional Cosponsors: Pages S8614±15 National Highway System after feasibility study is completed. Pages S8611±12 Amendments Submitted: Page S8615 A unanimous-consent agreement was reached pro- Notices of Hearings: Page S8615 viding for consideration of certain further amend- Authority for Committees: Page S8615 ments to be proposed to the bill. Page S8609 Senate will resume consideration of the bill and Additional Statements: Pages S8616±29 amendments to be proposed thereto, on Tuesday, Recess: Senate convened at 12 Noon, and recessed June 20. at 5:25 p.m., until 9:30 a.m., on Tuesday, June 20, D 752 June 19, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 753 1995. (For Senate’s program, see the remarks of the Law, Tuscaloosa; Wendy C. Gerzog, University of Majority Leader in today’s RECORD on page S8630.) Baltimore School of Law, Baltimore, Maryland; and Craig Willett, Willett and Associates, Provo, Utah, Committee Meetings on behalf of the National Federation of Independent Business. (Committees not listed did not meet) Hearings were recessed subject to call. S CORPORATION REFORM/HOME OFFICE FEDERAL PENSION REFORM DEDUCTIONS Committee on Governmental Affairs: Subcommittee on Committee on Finance: Subcommittee on Taxation and Post Office and Civil Service concluded hearings on IRS Oversight held hearings on S. 758, to amend proposals to reform the Federal pension system, after the Internal Revenue Code to increase from 35 to 50 receiving testimony from Louis J. Freeh, Director, the maximum number of shareholders of an S Cor- Federal Bureau of Investigation, Stephen H. Greene, poration (electing small business corporation), to Deputy Administrator, Drug Enforcement Adminis- allow members of a family to be treated as one tration, both of the Department of Justice; Robert shareholder, and to allow an S. Corporation to issue Mansker, Staff Member, Joint Committee on Print- qualified preferred stock, S. 327, to amend the Inter- ing; John N. Sturdivant, American Federation of nal Revenue Code to provide clarification for the de- Government Employees (AFL–CIO), Robert Tobias, ductibility of expenses incurred by a taxpayer in con- National Treasury Employees Union, Sonya Con- nection with the business use of the home, and cer- stantine, National Federation of Federal Employees, tain provisions to change the rules for claiming ex- Moe Biller, American Postal Workers Union penses for the business use of a home of H.R. 1215, (AFL–CIO), Vince Palladino, National Association of Contract With America Tax Relief Act, receiving Postal Supervisors, Carol A. Bonosaro, Senior Execu- testimony from Glen A. Kohl, Tax Legislative Coun- tives Association, Helene A. Benson, Professional sel, Department of the Treasury; Brad Barney, Bar- Managers Association, and Charles R. Jackson, Na- ney Trucking, Inc., Salina, Utah, on behalf of the S tional Association of Retired Federal Employees, all Corporation Reform Project; Martin D. Ginsburg, of Washington, D.C.; Ted Carrico, National Associa- Georgetown University Law Center, Samuel P. Starr, tion of Postmasters, Roger W. Moreland, National American Institute of Certified Public Accountants, Rural Letter Carriers’ Association, William P. Bren- and Mortimer Caplin, Caplin & Drysdale, all of nan, National League of Postmasters of the United Washington, D.C.; Judith Obermayer, Obermayer States, and Bruce L. Moyer, Federal Managers Asso- Associates, West Newton, Massachusetts, on behalf ciation, all of Alexandria, Virginia; and Robert S. of the National Association for the Self-Employed, Duncan, Columbia, Missouri, on behalf of the Social Susan Pace Hamill, University of Alabama School of Security Management Associations, Inc. h House of Representatives Amendments Ordered Printed: Amendments or- Chamber Action dered printed pursuant to the rule appear on pages Bills Introduced: Two public bills, H.R. H6089–90. 1887–1888 were introduced. Page H6089 Quorum Calls—Votes: No quorum calls or votes Report Filed: One report was filed as follows: H. developed during the proceedings of the House Res. 169, providing for the consideration of H.R. today. 1854, making appropriations for the Legislative Adjournment: Met at noon and adjourned at 5:58 Branch for the fiscal year ending September 30, p.m. 1996 (H. Rept. 104–146). Page H6088 Speaker Pro Tempore: Read a letter from the Speaker wherein he designates Representative Shays Committee Meetings to act as Speaker pro tempore for today. Page H6085 OVERSIGHT Recess: House recessed at 12:37 p.m. and recon- Committee on Banking and Financial Services: Sub- vened at 5:56 p.m. Page H6088 committee on General Oversight and Investigations D 754 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1995 held an oversight hearing concerning the perform- minutes the time for voting after the first of a series ance of the RTC’s Professional Liability Program, of votes. Finally, the rule provides one motion to re- with emphasis upon the Dallas, Texas, regional of- commit. fice. Testimony was heard from certain Dallas Inves- Testimony was heard from Representatives Miller tigators of the RTC; and public witnesses. of Florida, Clinger, Houghton, Shays, Davis, Hearings continue tomorrow. Christensen, Schroeder, and Harman. DRUGS AND BIOLOGICS f Committee on Commerce: Subcommittee on Oversight COMMITTEE MEETINGS FOR TUESDAY, and Investigations continued hearings to examine the JUNE 20, 1995 FDA’s drug and biologic review process. Testimony was heard from public witnesses. (Committee meetings are open unless otherwise indicated) FCC REAUTHORIZATION Senate Committee on Commerce: Subcommittee on Tele- Committee on Appropriations, Subcommittee on Defense, communications and Finance held a hearing to reau- to hold hearings on proposed budget estimates for fiscal thorize the Federal Communications Commission. year 1996 for the Department of Defense, focusing on Testimony was heard from the following officials of counternarcotic programs, 2:30 p.m., SD–192. the FCC: Reed E. Hundt, Chairman; Andrew C. Committee on Banking, Housing, and Urban Affairs, to hold oversight hearings on the activities of the Resolution Barrett, Susan Ness, Rachelle B. Chong and James Trust Corporation, 10 a.m., SH–216. H. Quello, all Commissioners. Committee on Finance, Subcommittee on Social Security LEGISLATIVE BRANCH APPROPRIATIONS and Family Policy, to resume hearings to examine the fi- nancial and business practices of the American Associa- Committee on Rules: Granted, by voice vote, a struc- tion of Retired Persons (AARP), 10 a.m., SD–215. tured rule providing for the consideration of H.R. Committee on Foreign Relations, business meeting, to con- 1854, making appropriations for the Legislative sider S. Res. 97, expressing the sense of the Senate with Branch for the fiscal year ending September 1996. respect to peace and stability in the South China Sea, and The rule provides one hour of general debate divided pending nominations, 11 a.m., SD–419. equally between the chairman and ranking minority Full Committee, to hold hearings on the nominations member of the Committee on Appropriations. of David C. Litts, of Florida, to be Ambassador to the The rule waives sections 302(f) and section 308(a) United Arab Emirates, Patrick N. Theros, of the District of the Budget Act against consideration of the bill. of Columbia, to be Ambassador to the State of Qatar, and Section 302(f) prohibits consideration of a bill that A. Peter Burleigh, of California, to be Ambassador to the exceeds a committee’s allocation of entitlement au- Democratic Socialist Republic of Sri Lanka and to serve concurrently and without additional compensation as thority (in this instance); and section 308(a) requires Ambassador to the Republic of Maldives, 2 p.m., that the report on a measure to include cost esti- SD–419. mates on entitlement changes in the bill. These Committee on Labor and Human Resources, Subcommittee waivers are necessary due to a minor provision relat- on Education, Arts and Humanities, to hold hearings on ing to the annual salary level of the Director of the the privitization of the Sallie Mae program, 9:30 a.m., Congressional Research Service which is technically SD–430. considered an entitlement change, even though the same provision has been contained in past years’ Acts NOTICE as well. Clauses 2 and 6 of rule XXI, prohibiting For a listing of Senate Committee Meetings scheduled unauthorized appropriations and legislative provi- ahead, see pages E1290 in today’s RECORD. sions in an appropriations bill, and prohibiting reap- propriations, respectively, are waived against provi- House sions of the bill. Committee on Agriculture, to mark up H.R. 1627, Food The rule makes in order only the amendments Quality Protection Act of 1995, 2 p.m., 1300 Long- printed in this report if offered in the order printed, worth. by the Member specified, and for the time specified Committee on Appropriations, to mark up the Energy and in the report. The amendments are not subject to an Water Development appropriations for fiscal year 1996, 1 p.m., 2360 Rayburn. amendment, unless specified in the report, or to a Subcommittee on Interior, to mark up fiscal year 1996 demand for a division of the question in the House appropriations, 9 a.m., B–308 Rayburn. or in the Committee of the Whole. All points of Committee on Banking and Financial Services, Subcommit- order are waived against the amendments. The tee on General Oversight and Investigations, to continue Chairman of the Committee of the Whole is author- oversight hearings concerning the performance of the ized to postpone record votes and to reduce to 5- RTC’s Professional Liability Program, with emphasis June 19, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 755 upon the Dallas, Texas, regional office, 10 a.m., 2128 Committee on Standards of Official Conduct, executive, to Rayburn. consider pending business, 3 p.m., HT–2M Capitol. Committee on Commerce, Subcommittee on Commerce, Committee on Transportation and Infrastructure, Sub- Trade, and Hazardous Materials, to continue hearings on committee on Public Buildings and Economic Develop- the reauthorization of the Superfund program, with em- ment, to mark up the following: certain GSA construc- phasis on Natural Resource Damages, 10:30 a.m., 2123 tion, repair and alternation, and design projects for fiscal Rayburn. year 1996; H.R. 308, Hopewell Township Investment Committee on Economic and Educational Opportunities, Sub- Act of 1995; H.R. 255, to designate the Federal Justice committee on Early Childhood, Youth and Families, hear- Building in Miami, FL, as the ‘‘James Lawrence King ing on the Individuals with Disabilities Education Act Federal Justice Building;’’ H.R. 395, to designate the (IDEA), 10 a.m., 2175 Rayburn. U.S. courthouse and Federal building to be constructed at Subcommittee on Workforce Protection, hearing on the the southeastern corner of Liberty and South Virginia Occupational Safety and Health Act (OSHA) Reform, 10 Streets in Reno, NV, as the ‘‘Bruce R. Thompson United a.m., 2261 Rayburn. States Courthouse and Federal Building;’’ H.R. 653, to Committee on Government Reform and Oversight, Sub- designate the U.S. courthouse under construction in committee on Government Management, Information, White Plains, NY, as the ‘‘Thurgood Marshall United and Technology, hearing on Performance, Measurement, States Courthouse;’’ H.R. 840, to designate the Federal Benchmarking and Re-engineering, 2 p.m., 2154 Ray- building and U.S. courthouse located at 215 South Evans burn. Subcommittee on Postal Service, to mark up the fol- Street in Greenville, NC, as the ‘‘Walter B. Jones Federal lowing bills: H.R. 1026, to designate the U.S. Post Of- Building and United States Courthouse;’’ H.R. 869, to fice building located at 201 East Pikes Peak Avenue in designate the Federal building and U.S. courthouse lo- Colorado Springs, CO, as the ‘‘Winfield Scott Stratton cated at 125 Market Street in Youngstown, OH, as the Post Office;’’ H.R. 1606, to designate the U.S. Post Of- ‘‘Thomas D. Lambros Federal Building and U.S. Court- fice building located at 24 Corliss Street, Providence, RI, house;’’ H.R. 965, to designate the Federal building lo- as the ‘‘Harry Kizirian Post Office Building;’’ and H.R. cated at 600 Martin Luther King, Jr. Place in Louisville, 1826, to repeal the authorization of transitional appro- KY, as the ‘‘Romano L. Mazzoli Federal Building;’’ H.R. priations for the U.S. Postal Service, 10 a.m., 2154 Ray- 1804, to designate the U.S. Post Office-Courthouse lo- burn. cated at South 6th and Rogers Avenue, Fort Smith, AR Committee on the Judiciary, to continue markup of H.R. as the ‘‘Judge Isaac C. Parker Federal Building;’’ and leg- 1710, Comprehensive Antiterrorism Act of 1995, 1:30 islation reauthorizing and reforming the Appalachian Re- p.m., 2141 Rayburn. gional Commission, 2 p.m., 2253 Rayburn. Committee on Resources, Subcommittee on National Subcommittee on Water Resources and Environment, Parks, Forests and Lands, oversight hearing on state land to continue hearings on the reauthorization and reform of management vs. Federal land management, 10 a.m., 1324 the Comprehensive Environmental Response, Compensa- Longworth. tion and Liability Act of 1980 (Superfund), 10 a.m., Committee on Rules, to consider H.R. 1868, making ap- 2167 Rayburn. propriations for foreign operations, export financing and Committee on Ways and Means, to mark up the follow- related programs for the fiscal year ending September 30, ing: H.R. 1642, Extending Most-Favored-Nation Trade 1996, 1 p.m., H–313 Capitol. Status to Cambodia; H.R. 1643, Extending Most-Fa- Committee on Science, to mark up the following bills: vored-Nation Trade Status to Bulgaria; H.R. 541, Atlan- H.R. 1814, EPA R&D Authorization Act; H.R. 1815, tic Tunas Convention Act of 1995; and fiscal year 1996 National Oceanic and Atmospheric Administration Au- Budget Authorizations for the Customs Service, Inter- thorization; H.R. 1175, Marine Resources Revitalization national Trade Commission, and the United States Trade Act of 1995; H.R. 1601, International Space Station Au- Representative, 12 p.m., 1100 Rayburn. thorization of 1995; and DOE Civilian R&D Authoriza- Permanent Select Committee on Intelligence, executive, brief- tion Act, 9:30 a.m., and 1 p.m., 2318 Rayburn. ing on Double Agents, 10:30 a.m., H–405 Capitol. D 756 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, June 20 9 a.m., Tuesday, June 20

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program For Tuesday: Consideration of H. Res. 168, ation of S. 440, National Highway System Designation providing for Corrections Day; Act. Complete consideration of H.R. 1817, Military Con- (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- struction Appropriations; and spective party conferences.) Begin consideration of H.R. 1854, Legislative Branch Appropriations (modified rule, one hour of general de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Ehrlich, Robert L., Jr., Md., E1287, E1289 Minge, David, Minn., E1288 Hamilton, Lee H., Ind., E1289 Richardson, Bill, N. Mex., E1287, E1289 Ackerman, Gary L., N.Y., E1287 Lantos, Tom, Calif., E1287 Schroeder, Patricia, Colo., E1288 Baker, Bill, Calif., E1288 Lipinski, William O., Ill., E1288

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